HomeMy WebLinkAbout2007-079
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RESOLUTION NO.
2007-79
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY FOR THE BENEFIT OF CATHOLIC
HEALTHCARE WEST
WHEREAS, Catholic Healthcare West, a non-profit public benefit corporation (the
7 "Corporation"), has requested that the California Statewide Communities Development Authority
8 (the "Authority") participate in the issuance of revenue bonds in an aggregate principal amount not
9 to exceed $985,000,000 (the "Bonds") for the purpose of, among other things, financing and/or
10 refinancing the acquisition, construction, improvement and equipping of certain medical facilities
11 known as S1. Bernardine Medical Center and Community Hospital of San Bernardino, and other
12 health care facilities related thereto, owned and operated by the Corporation (collectively, the
13 "Facilities") and located in the City of San Bernardino (the "City"); and
14 WHEREAS, pursuant to Section 147(1) of the Internal Revenue Code of 1986 (the
15 "Code"), the issuance of the Bonds by the Authority must be approved by the City because the
16 Facilities are located within the territorial limits of the City; and
17 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the
18 "Council") is the elected legislative body of the City and is an applicable elected representative
19 required to approve the issuance of the Bonds under Section 147(1) of the Code; and
20 WHEREAS, the Authority has requested that the Council approve the issuance of the
21 Bonds by the Authority in order to satisfy the public approval requirement of Section 147(1) of the
22 Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers
23 Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies, including
24 the City; and
25 WHEREAS, pursuant to Section 147(1) of the Code, the Council has, following notice duly
26 given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the
27 issuance of the Bonds by the Authority.
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P:lAgendlls\Resolutions\Resolutions\2007\03-0S-07 TEFRA Helring. CHW MCC Resll.doc
1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
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4 Section 1. The Council hereby approves the issuance of the Bonds by the Authority for
5 the purposes of financing and/or refinancing ~he acquisition, acquiring, construction, improvement
6 and equipping of the Facilities. It is the purpose and intent of the Council that this resolution
7 constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) Section
8 l47(t) of the Code by the applicable elected representative of the governmental unit having
9 jurisdiction over the area in which the Facilities are located, in accordance with said Section
10 l47(t), and (b) Section 9 ofthe Agreement.
11 Section 2. The Mayor of the City, and/or his designees are hereby authorized and directed,
12 jointly and severally, to do any and all things and to execute and deliver any and all documents that
13 they deem necessary or advisable in order to carry out, give effect to and comply with the terms
14 and intent of this resolution and the financing transaction approved hereby.
15 Section 3. This resolution shall take effect immediately upon its adoption and execution in
16 the manner as required by the City Charter.
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P:\Agendas\Resolutionl\Resolutions\2007\OJ-05-07 TEFRA Hearinl- cow MCC Relo.doc
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE !SSUANCE OF REVENUE
BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY FOR THE BENEFIT OF CATHOLIC
HEAL THCARE WEST
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a i oint regular
meeting
7 thereof, held on the 5th
8 Council Members:
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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day of March
,2007, by the following vote to wit:
Aves
Abstain
Navs
Absent
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19 The foregoing Resolution is hereby approved this 1 day of_ March ,2007.
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Approved as to Form:
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By:
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es F. Penman, City Attorney
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P:\Agendlll\Resolutions\Resolutions\2007\03-05-07 TEFRA Hearing - CHW MCC Reso.doc