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HomeMy WebLinkAbout85-305 - Resolutions RESOLUTION NO. 85-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TRANSFERRING 1985 PRIVATE ACTIVITY BOND LIMIT TO THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA AND APPROVING THE ISSUANCE OF CERTIFICATES OF PARTICIPATION BY THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCtMONGA FOR THE HAVEN COMMERCE CENTER PROJECT WHEREAB, August H. Reiter III, an individual, seeks the issuance of tax-exempt obligations (the "Obligations") by the Redevelopment Agency of the City of Rancho Cucamonga (the "Agency") in the principal amount of $4,565,000 to finance the acquisition, construction and equipping of a commercial project consisting of four office buildings located at the northeast corner of Seventh and Haven Streets in the Rancho Cucamonga Redevelopment Project Area to be known as Haven Commerce Center (the "Project"); and WHEREAS, the Agency has heretofore adopted its Resolution No. RA85- 01, as amended by Resolution No. RA85-O1A (the "Inducement Resolution"), expressing its intention to finance the Project with an issue of its tax- exempt Certificates of Participation; and WHEREAS, the Agency is authorized, pursuant to provisions of Part 1 of Division 24 of the California Health and Safety Code (the "Act") to issue the Obligations to finance the Project; and WHEREAS, pursuant to Section 103(n) of the Internal Revenue Code of 1954, as amended, there are authorized to be issued within the State of California in any calendar year an amount of Private Activity Bonds (as defined in said Section 103(n)) not exceeding in aggregate principal amount the statewide limit determined as set forth in said Section 103(n); and WHEREAS, the Governor of the State of California on July 19, 1984, issued a Proclamation (the "Proclamation") implementing the provisions of said Section 103(n), pursuant to which a portion of said statewide limit is allocated to each city based on the estimated population of such city; and WHEREAS, the portion of said statewide limit allocated to the City for the current calendar year is $3,203,000 (the "1985 Private Activity Bond Limit"); and WHEREAS, the Proclamation permits the City to assign to another local agency all or a portion of its 1985 Private Activity Bond Limit by resolution adopted by the City Council, and the Redevelopment Agency of the City of Rancho Cueamonga has requested the City to assign to it the amount of $3,203,000; and WHEREAS, this City Council desires to have the financing of the Project completed and by this Resolution desires to transfer its 1985 Private Activity Bond Limit to the Agency; and WHEREAS, pursuant to the requirements of Section 103(k) of the Internal Revenue Code of 1954, as amended, this City Council has conducted a public hearing regarding the issuance of the Obligations by the Agency for the Project, notice of which was published in The Daily Report at least 14 days prior thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: Transfer of Private Activity Bond Limit. The amount of $3,203,000 representing the City's total 1985 Private Activity Bond Limit, is hereby transferred to the Redevelopment Agency of the City of Rancho Cucamonga. Such transfer shall be irrevocable upon the adoption of this resolution. SECTION 2: Official Action. The City Clerk is hereby authorized and directed to notify the California Debt Limit Allocation Committee established by the Proclamation of the assignment made pursuant to Section 1 within fifteen (15) days of the adoption of this resolution. Resolution No. 85-305 Page 2 SECTION 3: Approval of Project and Financing. The Project and its financing by the Agency is hereby approved. Such approval includes approval of an installment sale financing, including the issuance of Certificates of Participation by the Agency in an amount not to exceed $4,565,000, pursuant to and subject to the requirements of the Act for the purpose of financing the Project. This approval is intended to satisfy the requirements of Section 103(k) of the Code. SECTION 4: Effective Date. This resolution shall take effect Immediately upon its adoption. PASSED, APPROVED, and ADOPTED this 6th day of November, 1985. AYES: Wright, Buquet, Mikels, Dahl, King NOES: None ABSENT: None ,~ D~~ Mfkels, Mayorv ATTEST: Beverly ~. Authelet, City Clerk I, BEVERLY A. AUTHELET, 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, at a regular meeting of said City Council held on the 6th day of November, 1985. Executed this 7th day of November, 1985 at Rancho Cucamonga, California. Beverly./A. Authelet, City Clerk