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HomeMy WebLinkAbout20781 - RESOLUTIONS - 11/19/2003 ' RESOLUTION NO. 20781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE ISSUANCE OF AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF PALM SPRINGS MOBILE HOME PARK REVENUE BONDS (SUNRISE) 2003 SERIES A AND B AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Palm Springs (the "City'), a charter city and municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California, is authorized to issue bonds pursuant to Section 52100 and following of the Health and Safety Code of the State of California (the"Law")to finance the acquisition of mobile home parks by nonprofit organizations within the jurisdiction of the City; and WHEREAS, Santiago Sunrise Village Mobile Home Park Corporation, a California non-profit (the "Borrower') qualified as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has requested that the City issue and sell HUD- insured revenue bonds for the purpose of providing financing for the acquisition and renovation of a 176-space mobile home park located at 1500 East San Rafael Road in the City of Palm Springs, California and known as the Santiago Sunrise Village Mobile Home Park (the "Project"); and WHEREAS, the financing of the Project will lessen the.governmental burden of the City by preserving affordable housing within the City; and WHEREAS, the City proposes to issue its not to exceed $5,000,000 principal amount City of Palm Springs Mobile Home Park Revenue Bonds (Sunrise) in no more than two series (the "Bonds") pursuant to the Law to finance the acquisition and renovation by the Borrower of the Project; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the City Council, as the applicable elected representative body of the City, has on this date conducted a duly noticed public hearing with respect to the proposed issuance of the Bonds and financing the Project, such notice being published in a newspaper of general circulation in the City at least 14 days prior to the date hereof; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the issuance of the Bonds exist, have happened and have been performed in due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each Resolution 20781 Page 2 and every requirement of law, to issue the Bonds for the purposes, in the manner and upon the ' terms herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The Council hereby approves the issuance of the Bonds. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. The bond issue, in an amount not to exceed $5,000,000 aggregate principal amount, pursuant to the Law to finance the acquisition and renovation by Santiago Sunrise Village Mobile Home Park (the "Project") at 1500 East San Rafael Road, are hereby approved. Section 3. 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 that 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 approved hereby. Section 4. This resolution shall take effect immediately upon its passage. ADOPTED THIS 19th day of November 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst , NOES: None ABSENT: Member Hodges ATTEST: _ CITY OF PALM SPRINGS, CALIFORNIA City Clerk Citypal5ager REVIEWED AND APPROVED AS TO FORM:•