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HomeMy WebLinkAboutCity Council Resolution 06-064CITY OF SARATOGA, CALIFORNIA RESOLUTION N0.06-064 A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL FACILITIES FOR SAINT ANDREW'S PARISH AND APPROVING AND DIRECTING EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE AUTHORITY WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of educational facilities; and WHEREAS, Saint Andrew's Parish in Saratoga, California, aNon-Profit Religious Corporation, located at 13601 Saratoga Avenue, Saratoga, California (the "Borrower") has requested that the Authority issue and sell revenue bonds in the maximum principal amount of up to $11,000,000 (Che "Bonds") for the purpose of making a loan to the Borrower, to enable the Borrower to finance or refinance the costs of the acquisition, construction and improvement of certain educational and related and ancillary facilities at the Borrower's location (the "Project"); and WHEREAS, in order for the interest on the Bonds to betax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that an "applicable elected representative" with respect to the Authority hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council of the City is an "applicable elected representative" to hold such public hearing; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesuch purposes; and WHEREAS, in order for the Authority to have jurisdiction to issue the Bonds it is necessary for the City Co become a member of the Authority; and WHEREAS, the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement") has been filed with the City Clerk, and the City Council now desires to approve the Agreement and to direct its execution and delivery by the City so that the Bonds can be issued by the Authority to finance the Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, that: 1. The City Council of the City hereby approves the issuance of the Bonds by the Authority for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to finance or refinance the Project. 2. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. 3. The City Council hereby approves the form of, and authorizes and directs the Mayor, the City Manager or any designee of such officers, to execute the Agreement in the form on file with the City Clerk, and authorizes and directs the City Clerk to attest to such signature. 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project; (ii) approve any application or request for, or take any other action in connection with, any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. This Resolution shall take effect immediately upon its adoption. ADOPTED by the Council of the City of Saratoga at a regular meeting held on August 2, 2006, by the following vote: AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NOES: None ABSENT: None ABSTAIN: None