Loading...
HomeMy WebLinkAbout85-085RESOLUTION NO. 85-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN APPLICATION FOR A PROJECT COMPRISED OF ACQUISI- TION, CONSTRUCTION AND REHABILITATION OF AN ENTERTAINMENT RETAIL SHOPPING DISTRICT AND RELATED FACILITIES AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS OF THE CITY OF SANTA ANA THEREFOR. WHEREAS, the City of Santa Aha, California (the "City") is a charter city duly created and existing under the laws and Constitution of the State of California; and WHEREAS, the City Council of the City has adopted its Ordinance No. NS-1609 (the "Act") authorizing the City to issue and sel~ its bonds, notes, interim certificates, debentures or other obligations ("Bonds") pursuant to the City Charter for the purpose of providing financing for the acquisition, rehabilitation, construction and improvement of commercial projects located within the City; and WHEREAS, on January 21, 1985, the City Council adopted Resolution No. 85-12 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR THE ACQUI- SITION AND CONSTRUCTION OF A FESTIVAL SHOPPING CENTER AND RELATED FACILITIES BY THE GREATER EASTERN DEVELOPMENT CORPORATION" (the "Initial Inducement Resolution") wherein the City, among other things, approved the issue of the Bonds pursuant to the Act in an aggregate amount not to exceed $6,000,000; and WHEREAS, on June 25, 1985, Fiesta Marketplace Partners ("Developer") as successor to Greater Eastern Development Corporation submitted an application pursuant to Section 28-5 of the Act (the "Applioation") to the City requesting financing for the acquisition, construction and rehabilitation of an entertainment and retail shopping district to be known as Fiesta Marketplace (the "Project"); and WHEREAS, on July 15, 1985, the City Council adopted Resolution No. 85- entitled "A SUPPLEMENTAL RESOLUTION OF THE CITY COUNCIL OF---THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR THE ACQUISITION, CONSTRUCTION AND REHABILITATION OF AN ENTERTAINMENT RETAIL SHOPPING DISTRICT AND RELATED FACILI- TIES BY THE FIESTA MARKETPLACE PARTNERS" wherein the City Council, among other things, increased the size of the RESOLUTION NO. 85- 85 issuance of the Bonds to an aggregate amount not tO exceed $10,000,000; and WHEREAS, the City Council wishes to approve the Appli- cation and the issuance of Bonds for the Project as required by the Act; AND FURTHERMORE, WHEREAS, it is the intent of the City that the Bonds shall constitute small issue industrial development bonds as provided in Section 103(b) (6) of the Internal Revenue Code (the "Code"), the interest on which is exempt from the gross income of the holders thereof; and WHEREAS, Section 103(k) of.the Code requires that such tax-exempt industrial development bonds must be approved by the elected legislative body (in this instance, the City Council) of the governmental unit issuing the bonds after a public hearing following reasonable public notice; NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: (1) The City Council hereby finds and determines that the proposed Project described in the Application (a) promotes the long-term employment of residents of the City, (b) will not adversely affect areas outside the boundaries of the City or transient residents of the State of California, and (c) is in the public interests of the City and consti- tutes a municipal affair of the City, a valid exercise of the police powers of the City, and a public purpose in which the City has a peculiar and unique interest. (2) The City Council hereby accepts and approves the Application described above and the participation of the City in the financing of such Project, subject to the provisions of the Act and the conclusion of all proceedings undertaken to consummate such financing to the satisfaction of the City. (3) The City of Santa Aha hereby confirms its intention to issue the Bonds to finance the Project in a principal amount not to exceed $10,000,000 pursuant to the Act cited above. RESOSUTION NO. 85- 85 (4) This resolution shall take effect immediately upon its adoption. APPROVED AND ADOPTED this 15th day~o~ J~ly, 1985. Daniel E~ Griset, Mayor (SEAL) ATTEST: Janice C.G~y', Clerk of~ the Coun~l COUNCILMEMBERS: Gr i se t Aye John son ?ye Aco s ta Absent Hat t ' Aye Luxembourger Absent McGuigan ' Aye Young Aye Approved as to form: _~<E~w~Cr~ j. Coope~,~ 7' Czty Attorney