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HomeMy WebLinkAbout1981-480 " , San ~erna;rdino 60,009-9-1 RESOLUTION NO. .f/-.lfJ'O RESOLUTION OF THE MAYOR AND COMMON COUN- CIL OF THE CITY OF SAN BERNARDINO DECLAR- ING ITS ELECTION TO HAVE THE $10,000,000 LIMITATION OF SECTION 103(b)(6)(D) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, APPLIED TO THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE NOTE ISSUED BY SAID CITY PURSUANT TO AN APPLICATION THEREFOR FILED BY TRI-CITY INDUSTRIAL PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP, AND DIRECTING THAT A STATEMENT OF SUCH ELEC- TION BE FILED WITH THE DISTRICT DIRECTOR OF INTERNAL REVENUE FORTHWITH (TRI-CITY INDUSTRIAL PARK, L~'D.) WHEREAS, there has been filed with the City an Application pursuant to the provisions of Ordinance No. 3815, as amended, of said City, by Tri-City Industrial Park, Ltd., a California Limited Partnership, requesting the issuance of an Industrial Development Revenue Note in the principal amount of $1,750,000 for the purpose of financing the cost and expense of the construction of multi-tenant industrial buildings as more particularly described in said Applica- tion; and WHEREAS, the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder apply to the issuance of such a Note; and 201.4(tp) 9/28/81 f~ San Berna~dino 60,009-9-2 WHEREAS, in order that said Note be exempt under the provisions of section 103(b) of said Internal Revenue Code and said Regulations thereunder as tax-exempt municipal Note, it is necessary that the Mayor and Common Council, as the issuing body of said Note on behalf of said City, make an election pursuant to said Section 103(b)(6)(D) in the manner hereinafter set forth. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY FIND, RESOLVE, DETER- MINE AND ORDER AS FOLLOWS: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That the Mayor and Common Council, 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 Internal Revenue Code and the Regulations thereunder, that 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. 201.4(tp) 9/29/81 2 San Bernardino 60,009-9-1 Section 3. That in the documents pertaining to the issuance of such Note in the manner and for the project described in the recitals hereof, there shall be require- ments that the Applicants set forth the "capital expendi- tures" 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 Note referred to hereinabove; and further that said Applicant be required to report such capital expenditures on all such income tax returns to be filed by such Applicant 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 autho- rized and directed to file a certified copy of this Resolu- tion with the District Director of Internal Revenue in Los Angeles, California. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day of October , 1981, by the follow- ing vote, to wit: 201.4(tp) 9/28/81 3 . ' San Bernardino 60,009-9":~ AYES: Councilmen Castaneda, Reilly, Hernandez, Botts, Hudson and Strickler NOES: None ABSENT : ABSTAIN: Hobbs None ~A'/~~ , Ci ty Clerk The foregoing resolution is hereby approved this )? day of ~ , 1981. ardino Approved as to form: ~~~~If? City A'll orney 201.4(tp) 9/28/81 4 San ~ernardino 60,009-9-1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, SHAUNA CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino city Resolution No. 81-480is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, and affixed the official seal this ~ day of tfJ'/ I have hereunto set my hand of the City of San Bernardino , 1981. ~//&'/.?/~ ./ City Clerk 201.4(tp) 9/28/81 5