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HomeMy WebLinkAbout21339 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21339 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $12,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX- EXEMPT MULTI-FAMILY MORTGAGE BONDS BY THE CITY OF PALM SPRINGS (CONDUIT FINANCING) ON BEHALF OF TAHQUITZ COURT HOUSING PARTNERS, L.P., A CALIFORNIA NON- PROFIT CORPORATION, FOR THE REFINANCING AND REHABILITATION OF THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY. WHEREAS, the City of Palm Springs (the "City") is a municipal corporation and charter city organized and existing pursuant to the Constitution and laws of the State of California and charter of the City (collectively, the "Law") and is authorized to issue bonds to be used to make loans to finance or refinance the acquisition, rehabilitation and development of multifamily residential rental facilities located within the area of operation of the City which are to be occupied, in part, by very low-to-moderate income tenants; and WHEREAS, Tahquitz Court Housing Partners, L.P., a California limited partnership, or a limited liability company to be formed by its' managing general partner, LINC Housing Corporation, (the "Borrower") has requested the City issue and deliver multifamily housing revenue obligations in the anticipated principal amount of $12,000,000 (the "Obligations"), the proceeds of which shall be used for the purpose of refinancing and rehabilitation of a 108-unit affordable multifamily residential rental facility commonly known as the Tahquitz Court Apartments which is located at 2800, 2890, 2900 and 2890 Tahquitz Canyon Way in the City of Palm Springs, California (the "Project"); and WHEREAS, the Obligations to be issued and delivered to finance the refinancing and rehabilitation of the Project will be considered "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Project hold a public hearing on the issuance and delivery of the Obligations; and WHEREAS, the City Council of the City of Palm Springs as the "applicable elected representatives" to hold said public hearing, has held said public hearing at which all those interest in speaking with respect to the financing of the Project were heard. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Resolution No. 21339 Page 2 SECTION 2. The City Council hereby approves the financing of the Project by the City with the proceeds of the Obligations. SECTION 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the City of all financing documents relating thereto to which the City is a party and subject to the sale of the Obligations by the City. SECTION 4. This resolution shall take effect upon its adoption. ADOPTED THIS 20th day of July, 2005. i fir, David H. Ready, City er ATTEST: / mes Thompson, City Clerk CERTIFICATION 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21339 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 20, 2005, by the following vote: AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None ABSTAIN: None ?esThompson, City Clerk Palm Springs, California