Loading...
HomeMy WebLinkAbout01-069 - Resolutions RESOLUTION NO. 01-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR HERITAGE POINTE SENIOR HOUSING WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, datedas of June 1, 1988 (the "Agreement'), among certain local agencies throughout the State of California, including the City of Rancho Cucamonga (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Malvern Housing Partners, LP (collectively, with any related entity, the "Borrower") has requested that the Authority issue multifamily housing revenues bords in an aggregate principal amount not to exceed $4,000,000 (the 'Bonds") for the purpose of providing financing for the acquisition, construction and development of an approximately 49unit senior residential rental project located at Malvern Avenue and Salina Street in Rancho Cucamonga, California and generally known as Heritage Pointe Senior Housing; and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a go%ernmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "Council') are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on the date hereof; and WHEREAS, such public hearing was conducted on said date by the City Council, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; Resolution No. 01-069 Page 2 of 3 Resolution No. 01-069 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA as follows: Section 1. The above recitals are true and correct. Section 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of theCouncil that this resolution constitute approval of the Bonds for the purposes of (a)Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the project is located, in accordance with said Section 147(f), and (b)Section 9 of the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 4. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Ana Marie del Rio, Esq. Orrick, Herrington &Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, California 94111 Section 5. This resolution shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED this 21 st day of March, 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None r dliam J. Al i d r, Ma or Resolution No. 01-069 Page 3 of 3 ATTEST: 4 ;QZ rad ms, CMC, City Clerk I, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 21st day of March, 2001. Executed this 22nd day of March, 2001, at Rancho Cucamonga, California. A4. Debira J. Adams,CMC, City Clerk