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HomeMy WebLinkAbout2019-293Resolution No. 2019-293 RESOLUTION NO. 2019-293 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986 APPROVING THE ISSUANCE OF BONDS BY THE INDEPENDENT CITIES FINANCE AUTHORITY (ICFA) FOR THE ROYAL YORK ESTATES MOBILE HOME PARK WHEREAS, certain cities of the State of California (collectively, the "Members") have entered into a Joint Powers Agreement (the "Joint Powers Agreement") establishing the Independent Cities Finance Authority (the "Authority") and prescribing its purposes and powers, and providing, among other things, for associate members of the Authority (an "Associate Member"); and WHEREAS, the Authority has been formed for the purpose, among others, of assisting its Members and Associate Members in the raising of capital to finance the capital improvement needs of Local Agencies (as defined in the Joint Powers Agreement), to provide for home mortgage financing with respect to those Members or Associate Members that are either a city or a county or a special district of the State of California, to provide financing in connection with the improvement, construction, acquisition, creation, rehabilitation and preservation of affordable housing within the boundaries of the Members and Associate Members, and to provide financing in accordance with the provisions of applicable law in connection with other projects and programs that are in the public interest and which benefit Members and Associate Members including making loans to tax-exempt organizations from the proceeds of mortgage revenue bonds to finance the acquisition of multifamily rental housing, including mobile home parks, under the provisions of Chapter 8 of Part 5 of Division 31 (commencing with Section 52100) of the Health and Safety Code; and WHEREAS, the City of San Bernardino California (the "City") is an Associate Member of the Authority; and WHEREAS, American Dream Affordable Homes Inc., a California nonprofit public benefit corporation (the "Owner"), has requested that the Authority issue and sell its Mobile Home Park Revenue Bonds in one or more series (the "Bonds") in an aggregate principal amount of not to exceed $5,670,000 to (i) finance the acquisition and renovation of a 93 -space mobile home park known as Royal York Mobile Homes located at 2250 Chestnut Avenue, San Bernardino, California (the "Project"), (ii) finance additional renovations to be made to the Project and (iii) finance certain costs of issuing the Bonds; and WHEREAS, the Owner or a related entity will be the sole owner of the Project; and WHEREAS, the City Council of the City has determined that the operation of the Project by the Owner in accordance with the laws and ordinances of the City, and in accordance with a proposed regulatory agreement to be recorded on the Project, shall help the City meet identified affordable housing needs in the community and will lessen the burden on the City to plan for the provision of a broad range of housing types that can serve all members of the community; and Resolution No. 2019-293 WHEREAS, the Bonds will be qualified "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(f) of the Code, the proposed issuance of private activity bonds is required to be approved by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is to be located, after a public hearing held after reasonable public notice; and WHEREAS, the members the City Council are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the proposed issuance of the Bonds would be held on the date hereof, and WHEREAS, such public hearing was conducted on the date hereof by the City Council at which time an opportunity was provided to interested parties to be heard with respect to the proposed issuance of the Bonds and financing of the Project; and WHEREAS, it is intended that this resolution shall constitute the approval of the proposed issuance of the Bonds required by Section 147(f) of the Code. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Council hereby approves the issuance of the Bonds by the Authority for the purpose of financing the acquisition and improvement of the Project by the Owner. It is the purpose and intent of this City Council that this resolution constitutes approval of issuance of the Bonds for the purposes of Section 147(f) of the Code. SECTION 2. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. The City shall have no responsibility or liability whatsoever with respect to the Bonds or the Project. SECTION 3. This Resolution shall not obligate the City or any department thereof, nor does the City express any intent, to (i) provide any financing to acquire or construct the Project or to provide any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition or operation of the project; (iii) make any contribution or advance any funds whatsoever to the Authority, or (iv) take any further action with respect to the Authority or its membership therein. SECTION 4. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Co by the City Clerk this 2nd day of October 2019. Resolution No. 2019-293 by the Mayor and attested John Valdivia, Mayor City of San Bernardino Attest: �l Georgeann, HaiiTa, MMC, City Clerk Approved as to form: J 5^,e7 T-1 Gary D. Saenz, City Attorney Resolution No. 2019-293 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-293 adopted at a regular meeting held on the 2nd day of October 2019 by the following vote: Council Members: SANCHEZ MARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT x x x 0 WITNESS my hand and official seal of the City of San Bernardino this 2na day of October 2019. brCjeorgeann-H rn MAIC==City Clerk