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2013-022 - Issuance of Revenue Bonds By the California Municipal Finance Authority
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2013-022 - Issuance of Revenue Bonds By the California Municipal Finance Authority
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5/13/2013 3:19:27 PM
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5/13/2013 3:18:14 PM
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City Clerk
Doc Type
Resolution
Doc #
2013-022
Date
5/6/2013
Destruction Year
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E. The Borrower has requested the issuance of the Bonds in order to effect <br />savings in interest rate and/or issuance costs to effect significant public benefits <br />pursuant to the Act. <br />F. In order for the interest on the Bonds to be tax-exempt, Section 147(f) of <br />the Internal Revenue Code of 1986, as amended (the "Code"), requires that an <br />"applicable elected representative" of the governmental unit, the geographic jurisdiction <br />of which contains the site of facilities to be financed with the proceeds of the Bonds, <br />hold a public hearing on the issuance of the Bonds and approve the issuance of the <br />Bonds following such hearing. <br />G. The CMFA has determined that the City Council is the "applicable elected <br />representatives" for purposes of holding such public hearing. <br />H. The CMFA has requested that the City Council approve the issuance of <br />the Bonds by the CMFA in order to satisfy the public approval requirement of Section <br />147(f) of the Code, the requirements of Section 6586.5 of the Act, and the requirements <br />of Section 4 of the Agreement. <br />1. Notice of such public hearing has been duly given as required by the <br />Code, and this City Council has heretofore held such public hearing at which all <br />interested persons were given an opportunity to be heard on all matters relative to the <br />financing or refinancing of the Project and the CMFA's issuance of the Bonds therefor. <br />J. It is in the public interest and there are significant public benefits from the <br />issuance of the Bonds for the financing of the Project, including demonstrable savings in <br />effective interest rate costs. <br />Section 2. The City Council hereby approves the issuance of the Bonds by the <br />CMFA and finds the Project will create the significant public benefits set forth in <br />foregoing recitals. It is the purpose and intent of the City Council that this resolution <br />constitute approval of the issuance of the Bonds (a) by the "applicable elected <br />representative" of the governmental unit having jurisdiction over the area in which the <br />Project is located in accordance with Section 147(f) of the Code; (b) by the City Council <br />in accordance with Section 6586.5 of the Act; and (c) by the City Council in accordance <br />with Section 4 of the Agreement. <br />Section 3. The issuance of the Bonds shall be subject to approval by the <br />CMFA of all financing documents relating thereto to which the CMFA is a party. The <br />City shall have no responsibility or liability whatsoever with respect to the Bonds. <br />Section 4. The adoption of this Resolution shall not obligate the City or any <br />department thereof to (i) provide any financing to acquire or construct the Project or any <br />refinancing of the Project; (ii) approve any application or request for or take any other <br />action in connection with any planning approval, permit or other action necessary for the <br />acquisition, rehabilitation or operation of the Project; (iii) make any contribution or <br />advance any funds whatsoever to the CMFA; or (iv) take any further action with respect <br />to the CMFA or its membership therein. <br />Resolution No. 2013-022 <br />Page 2 of 4
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