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HomeMy WebLinkAbout6915_CCv0001.pdf RESOLUTION NO. 6915 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING A TAX-EXEMPT BOND FINANCING TO BE ISSUED BY THE CALIFORNIA STATEWIDE . COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT AMERICAN BAPTIST HOMES OF THE WEST AND CERTAIN AFFILIATES WHEREAS, American Baptist Homes of the West, a nonprofit public benefit corporation incorporated under the laws of the State of California (the "Health Institution"), has requested that the California Statewide Communities Development Authority(the "Authority") issue bonds in one or more series in an aggregate principal amount not to exceed $150,000,000 (the "Bonds"), a portion of which will be used to, among other things, finance, refinance indebtedness used to finance, or reimburse the cost of the acquisition, construction, expansion, remodeling, renovation, furnishing and equipping (the "Financing") of certain continuing care facilities owned or operated by the Health Institution (the "Facilities") located in the City of Redlands(the"City"); WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located within the territorial limits of the City; WHEREAS, the City Council of the City (the "Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f)of the Code; WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies, including the City;and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Redlands as follows: Section 1. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, 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 Facilities are to be located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement. LkResolutions\Res 6900-699916415 ABHOW 2010.DOC 1 Section 2. 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 which 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 transaction approved hereby. Section 3. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 19th day of January, 2010. Pat Gilbreath, Mayor ATTEST: Sam Irwin, City Clerk Approved as to form: S. Louise Rankin,Esq.,as Bund Counsel to the Authority City Attorney L\Resolutionslltes 6900-699916915 ABHOW 201ODOC 2 I hereby certify that the foregoing Resolution No. 6915 was duly adopted by the City Council of the City of Redlands at a regularly scheduled meeting thereof, held on the 19th day of January, 2010 by the following vote of the Council: AYES: Councilmembers Bean, Harrison,Gallagher,Aguilar•, Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Sam Irwin,City Clerk 1AReso1utions\Rw 6900-6999%915 B.HOW 201 ODOC 3