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HomeMy WebLinkAbout1983-091 ~, . San Bernardino 60,009-36-2 RESOLUTION NO. 83-91 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO, DECLARING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SECTION 103(b) (6) (D) OF THE INTERN- AL REVENUE CODE OF 1954, AS .AMEND- ED, APPLIED TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS ISSUED BY SAID CITY PURSUANT TO AN APPLICATION THEREFOR FILED BY BANK OF REDLANDS AND DIRECTING THAT A STATEMENT OF SUCH ELECTION BE FILED WITH THE REGIONAL DIRECTOR OF INTERNAL REVENUE FORTHWITH WHEREAS, there has been filed with the City an Application for financing pursuant to the provisions of Ordinance No. 3815 as amended (the "Ordinance"), by Bank of Redlands, a California banking corporation, requesting the issuance of its Industrial Development Revenue Bonds in the principal amount of $1,400,000 for the purpose of financing the cost and expense of the acquisition and installation of a commercial banking facility as more particularly described in said Appli- cation; and WHEREAS, the provisions of Section 103(b) (6) (D) of the Internal Revenue Code of 1954, as DIS267.9(et) JWB091 3/10/83 ~ . San Bernardino 60,009-36-1 amended, and the regulations thereunder apply to the issuance of such Bonds; and WHEREAS, in order that said Bonds be exempt under the provisions of Section 103(b) of said Internal Revenue Code and said Regulations thereunder as tax- exempt municipal Bonds, it is necessary that the Mayor and Common Council, as the issuing body of said Bonds on behalf of said City, make an election pursuant to said Section 103(b)(6)(D).in the manner hereinafter set forth. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That the Mayor and Common Coun- cil, acting for and on behalf of the City of San Bernardino, hereby make this election pursuant to the provisions of said Section 103(b)(6)(D) of said Inter- nal Revenue Code and the Regulations thereunder, that 2 DIS267.9(et) JWB091 3/10/83 '. San Bernardiho 60,009-36-1 , the limitation as set forth therein be declared to be a limitation of $10,000,000 rather than $1,000,000 as otherwise set forth therein. Section 3. That in the documents pertaining to the issuance of such Bonds in the manner and for the project described in the recitals hereof, there shall be requirements that the Applicant set forth the "capital expenditures" which said Applicant has made for facilities and projects of said Applicant or any related persons within said City within a period of three (3) years prior to the issuance date of the Bond referred to hereinabove; and further that said Appli- cant be required to report such capital expenditures on all such income tax returns to be filed by such Appli- cant henceforth; and such requirements shall be set forth as covenants and agreements of said Applicant made to and with said City of San Bernardino. Section 4. That the City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the Regional Director of Internal Revenue in Fresno, California. 3 DIS267.9(et) JWB09l 3/10/83 . .' . San Bernardino 60,009-36-2 , ... , I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting held on the 24th day of !-'.arch , 1983, by the following vote, to wit: AYES: Council Members: Castaneda, Reilly, Hernandez, !'arks, Quiel, Strickler NAYS: None ABSENT: Council Member Eobbs ABSTAIN: None ~/b1~~/h /Ci ty Clerk The foregoing Resolution is hereby this d( p7i<- day of Mi'lr,..,h ,1983. Approved as to form: fft~y~~ 4 DIS267.9(et) JWB091 3/10/83