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HomeMy WebLinkAboutCC RESO 2008-133RESOLUTION NO. 2008 — 133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR CASA FAMILIAR, INC. WITH RESPECT TO THE PROPOSED ACQUISITION AND REHABILITATION OF MULTIFAMILY HOUSING PROJECTS WHEREAS, the California Statewide Communities Development Authority (the "Authority"), of which the City of National City (the "City") is a member pursuant to the provisions of that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated June 1, 1988 (the "Agreement"), is authorized by the laws of the State of California (the "Law") to cause the execution and delivery of taxable and tax-exempt obligations for the purpose of financing educational and other facilities owned and operated by nonprofit public benefit corporations located within the area of operation of the Authority; and WHEREAS, Casa Familiar, Inc. (the "Borrower"), a nonprofit public benefit corporation formed exclusively for charitable purposes, including providing affordable housing, has requested the Authority to cause the issuance of tax-exempt obligations (the "Obligations") in the approximate amount of $1,250,000, the proceeds of which will be applied to finance (i) the acquisition, rehabilitation and equipping of an eight unit multifamily housing development located at 1111 D Avenue, National City, California 91950 (the "D Avenue Project") to be owned and operated by the Borrower and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing development located at 1101-19 E Avenue, National City, California 91950 (the "E Avenue Project" and the D Avenue Project, the "Projects") to be owned and operated by the Borrower; and WHEREAS, the amount of Bonds allocable to the D Avenue Project shall not exceed $650,000, and the amount of Bonds allocable to the E Avenue Project shall not exceed $600,000; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representative" with respect to the Projects hold a public hearing on the issuance and delivery of the Obligations; and WHEREAS, the City Council, as the "applicable elected representatives" to hold said public hearing, has held said public hearing at which all those interested in speaking with respect to the financing of the Projects were heard; and WHEREAS, Section 6586.5 of the Califomia Government Code (the "Government Code") requires that the City Council approve the financing upon a finding of significant public benefit after a public hearing following publication of at least five days' written notice in a newspaper of general circulation in the City; and WHEREAS, the City Council has on the date hereof held a public hearing following duly published notice thereof and all persons desiring to be heard have been heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, as follows: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Resolution No. 2008 — 133 July 1, 2008 Page 2 Section 2. The City Council hereby approves the issuance of the Obligations with respect to the proposed Projects by the Authority. Section 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Obligations by the Authority. Section 4. The Corporation shall be responsible for the payment of all present and future costs in connection with the issuance of the Obligations, including, but not limited to, any fees and expenses incurred by the City in anticipation of the issuance of the Obligations. The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Obligations shall be solely the responsibility of the Corporation. The Obligations shall not constitute a debt or obligation of the City. Section 5. This Council hereby determines that it is appropriate for the Authority to cause the issuance of the Obligations to finance the acquisition, rehabilitation, construction, and development of the Projects, and hereby approves the issuance of the Obligations. It is the purpose and intent of the Council that this resolution constitute approval of the Obligations for the purposes of Section 9 of the Agreement. Section 6. This Council hereby finds that the financing of the Projects will result in significant public benefits to the citizens of the City pursuant to Section 6586 of the Govemment Code, including demonstrable savings in effective interest rate, bond preparation, bond underwriting, or bond issuance costs. Section 7. The adoption of this Resolution is solely for the purpose of meeting the requirements of the Code and the Government Code, and shall not be construed in any other manner, the City nor its staff having fully reviewed or considered the financial feasibility of the financing of the Projects or the expected operation of the Projects with regards to any State of California statutory requirements, and such adoption shall not obligate, without further formal action to be taken by this Council, (i) the City to provide financing to the Corporation for the financing of the acquisition, construction and development of the Projects or to cause the delivery of the Obligations for the purpose of such financing; or (ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with the ownership or operation of the Projects. Section 8. The City Clerk shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Stephen G. Melikian Jones Hall, A Professional Law Corporation 650 California Street, 18`h Floor San Francisco, CA 94108 Section 9. This Resolution shall take effect from and after the date of its passage and adoption. --- Signature Page to Follow --- Resolution No. 2008 — 133 July 1, 2008 Page 2 PASSED and ADOPTED this 1st day of July, 2008. on Morrison, Mayor ATTEST: Mi hael R. Dalla City Clerk APPROVED AS TO FORM: `J S1Li,:aG George I-. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 1, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California "j/A) City erk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-133 of the City of National City, California, passed and adopted by the Council of said City on July 1, 2008. City Clerk of the City of National City, California By: Deputy