HomeMy WebLinkAbout1985-151
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RESOLUTION NO.
85-151
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETT!NG A CERTAIN JOIN'I'
WBLIC HEARING WITH THE COMMUNITY PEVELOPMENT
COMMISSION OF THE CITY OF SAN B!:RNARDINO IN
CONNECTION WITH THE COMMITMENT BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN1\RDINO
FOR ~ USE OF THE PLEDGED REVENUES OF THE
REDEVELOPMENT AGENCY OF THE CITy OF SAN BERNARDINO
TO COMMIT TO MAXE CERTAIN PAYMENTS PURSUANT TO
HEALTH AND SAFETY CODE SECTIONS 33~33 ~ 33679
WHEREAS, the Redevelopment Agency of the City of
San Bernardino (the "Agency") proposel to enter into a certain
tinancing transaction with a trultee to be hereafter aelected and
approved by the Agoency (the "Trustee If ), wit~ l'eapect to the issuance
of the approximately $3,800,000 Redevelopment Agency of the City of
San Bernardino, Certificates of Participation (Golf Cours. Project),
Series a8S (the "Certificates") of the Ag'ency, and add
Certificates shall evidence a proportionate interest of the holders
thereof in certain Base Rental and Additional Rental payments, as
said terms are defined in that certain Lease Aqreement &8 shall
hereafter be authorized and approved by and between the Agency and
the Trustee, to be made by the Agency to the Trustee as the rental
for certain property conSisting of a golf course known as the
Shandon Hills Golf Course and all .tructures, improvements,
facilities and fixtures appertaining thereto; and
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WHEREAS, it 18 proposed that the Aqency and the Trustee '_
enter into a certain assignment and trust aqreement by and between
the Aqency and the Trustee (the "Assignment and Tru.t Aqreement")
whereby the Aqency shall assiqn to the Trustee on behalf of the
holders of the Certificatea the riqhts of the Aqenay under .aid
1 Lea.e Agreement; and
WHEREAS, it is also proposed that the Aqency provide
certain other .ecurity for the benefit of the holders of the
Certificates including a pledqe of the plec1qed revenue. of the
Agency and .aid pledqe may include all or a portion of certain tax
increment revenues available to the Agency punuant to Health and
Safety Code Section 33670(b); and
WHEREAS, Health and Safety Code Section 33433 requires that
before any property of the Aqency acquired in whole or in part,
directly or indirectly, with tax increment money. 11 leased for
development that .uch leale shall first be approved by the Mayor and
Common Council (the "Council") after a public hearinq thereon; and
WHEREAS, Health and Safety Code Section 33679 requires that
a public hearing be held prior to the commitment by the Agency to
use tax increment revenues for the purpo.e of paying all or part of
the value of the land for and the co.t of the installation and
construction of a publicly owned building which public hearinq Shall
be held by the Council; and
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WHEREAS. in view of the proposed terms of the Leaa. .
Agreement and uid pledge of the pledqed funda of the Aiency in
connection with the iuuance of the Certificates, the Community
Development CommillSion of the City of San Bernardino (the
"Commission") hu requested the Council to conduct a joint public
hearing with the Commission regarding the consideration and approval
Of the Lease Agreement and .aid pledge of the pledged funds of the
Agency in connection with the proposed issue of the Certificates.
NOW. THEREFOR.!!:, THE MAYOR ANI) COMMON COVNCIL OF THE CITY OF
SAN BERNAImINO DO HEREBY FIND, R.!!:SOLVE, DETERMINE AND OJUlER AS
FOLLOWS:
Section 1. l'he Council hereby aecapts the request of
the Commisaion and the Council hereby orders and schedules a joint
public hearing with the Commission to be held in the Council
Chambers. City Hall, on April 29, 1985, at the hour of 11:00 A.M. aa
required pursuant to Health and Safety Code Seetions 33431. 334.33
and 33679 in connection with the consideration and approval of the
Lease Agreement and said pledge of the pledged funds of the Agency
in connection with the proposed issuance of the Certificates.
The Council h.re~y ratifies and approve. the publioation of
the notice of .aid joint public hearing as attached hereto as
Exhibit "A" and incorporated herein by thh reference.
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Section 3.
The council hereby accepts and approve. the ~
.ummar1es as prepared 1n accordance with Health and Safety Co4e
Sections 33433 and 33679 as on file with the City Clerk.
Section 4.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at . n,nll1 Fir meeting> thereof,
held on the 1 <;t-h day of /Inri 1 , 1985, by
the following vote, to wit:
AYES:
Council Members rA~tAn~da. Rp-illv. Marks.
011iel. Frazip-r. Strickler
MArS:
ABSENT:
COllnr.il Member Hernandez
None
~F/4~
City C er
day of
The foregoing resolution "is hereby approved t
Anril , 1985.
/7r-L
Approved as to form:
~//P~
c ty torney
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Exhibit "A"
NOTIC!: 01' A JOINT ~LIC HEARING 01'
THE MA~OR AND COMMON COUNCIL 01" '!'HE CITY Ol"
SAN BERNARDINO. CALIFORNIA. AND THE COMMUNITY DEVELOPMENT
COMMISSION 01' THE CITY OF SAN BERNARDINO PURSUANT TO
HEALTH AND SAFETY CODE SECTIONS 33631, 33433 and 33679
REGARDING THE APPROVAL 01' A CERTAIN LIASE AGREDttNT AND CERTAIN
OTHER MATTERS IN CONNECTION WITH THE U. 800,000 REDEVELOPMENT
AGENCY OF' THE CITY OF SAN BERNARDINO, CERTIFICATES
01' PARTICIPATION (QOL!' COURSE PROJ!:CT) snus 1!t85
PUBLIC NOTICE IS HE1U!:BY GIVEN that the Mayor and Common
Council of the City of San Bernardino, California, and the community
Development Commission of the City of San Bernardino Ihall conduct a
joint public hearing as required pursuant to Health and Safety Code
Sections 33631, 33633 and 33679 for the purpose of considerinq a
propoul of the aedevelopment Agenoy of the City of San Bernardino
(the "Agency") to enter into a certain lea.e agreement and to commit
to u.. certain l...e payment revenue. and the pledged revenues of
the Agency, inclUding all or a portion of certain taxes to ~e
allocated and paid to the Agency pursuant to Health and Safety Code
Section 33670(b) in accordance with a certain proposed Lea.e
Agreement !:Iy and !:Ietween the Agency and a trustee in a propond
financing transaction of the Agency. The time. date and place of
8aid joint public hearing are as follows:
11:00 a.m.
April 29, 1985
City Council Chamber.
San Bernardino City Hall
300 North "D" Street
San Bernardino, California
A copy of said proposed Lease Agreement il on file with the
City Clerk and the Agency Secretary. In addition, a summary, dated
Time:
Date:
Place:
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as of April 15, 1985, haa been prepared in accordance with Health
and Safety Code Section 33433 ugarding the terms of the proposed.
Lea.. Agreement and a summary, dated as of April 15, 1985, has b.en
prepared in accordance with Health and Safety Code Section 33679
regarding the proposed commitment of the Aq_ncy to use the pledged
revenues of the Agency including all or a portion of certain taxes
to be allocated and paid to the Agency for the purpose of paying all
or part of the value of the land for, and the cost of the
installation and construction of the proposed golf course facility
as more fully described in said Lease Agreement. Copies of ..id
summaries are on file with the City Clerk, and the Agency secretary,
City Hall, City of San Bernardino, 300 North "J)If Street, San
Bernardino, California 9ZU8, (714.) 383-5081 and are available for
public inspection and copying.
Said Lease Agreement and certain other financing documents
shall provide for the issuance of the approximately $3,800,000
Redevelopment Agency of the City of San Bernardino, Certificate. of
Participation
( Golf
Course
Proj ect ) ,
series
1985.
NOTICE GIVEN THIS J)AY OF APRIL BY THE CI'l'Y OF
SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT AGENCY OF 'l'HE CI'l'Y
OF SAN BERNARDINO.
(SEAL)
City Clerk
City of San Bernardino, California
(SEAL)
Agency Secretary
Redevelopment Agency of the City of
San Bernardino
'1'0 be published in 'l'HE SUN: 4/15/85 and 4/22/85
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