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HomeMy WebLinkAboutRES NO 057-16RESOLUTION NO. 057- 1 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REFUNDING REVENUE BONDS (KERN REGIONAL CENTER PROJECT), SERIES 2016 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF OFFICE BUILDINGS AND CERTAIN OTHER MATTERS RELATING THERETO. WHEREAS, the Developmental Services Support Foundation, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower'), has requested that the California Municipal Finance Authority (the "Authority ") participate in the issuance of one or more series of refunding revenue bonds in an aggregate principal amount not to exceed $18,000,000 (the "Bonds') for the refinancing of certain debt obligations that were issued to finance the acquisition of certain real property and improvements, including for the construction, equipping and /or renovation of certain improvements, of two buildings, for use primarily as office facilities (the "Facilities "), owned and operated by the Borrower, and leased to the Kern Regional Center, a nonprofit public benefit organization, and located within the City of Bakersfield (the "City "), and the financing of certain additional improvements to the Facilities (collectively, the "Project'); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code'), the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of Bakersfield (the "Council') is the elected legislative body of the City and is an applicable elected representative required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds by the Authority to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement'), among certain local agencies, including, the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. o�eAxF9.� m � m � r U O NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing and refinancing, among other things, the Project. It is the purpose and intent of the Council that this resolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with such Section 147(f), and (b) Section 4 of the Agreement. Section 3. The City Manager of the City and his designees 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 transaction approved hereby. Section 4. This resolution shall take effect immediately upon its adoption. of 0AKF9m m U p ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on APR 7 R MIR by the following vote: AY E COUNCIL MEMBER RIVEERA, MAXWELL, WEIR, H SON, SMITH, PARLIER NOES: COUNCILMEMBER NlEh2 A9316IN '. COUNCIL MEMBER ARSE COUNCIL MEMBER CITY CLERK and Ex cio Clerk of the Council of the City of Bakersfield APPROVED APR 10 2016 Harold Hanson Vice -Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney Y JOSHUA H. RUDNICK Deputy 'ityAttorneyll o``gpKF9� r � m U O ORIGINAL