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HomeMy WebLinkAboutRES NO 010-93RESOLUTION N0..% 0 9 ~ RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING AND RATIFYING THE PREVIOUS AUTHORIZATION OF THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $65,000,000 CITY OF BAKERSFIELD HOSPITAL REVENUE BONDS (BAKERSFIELD MEMORIAL HOSPITAL) AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE FOREGOING WHEREAS, the City of Bakersfield (the "City") is a municipal corporation and charter city duly organized and existing under a freeholders' charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 12 of the Charter of the City (the "Charter"); WHEREAS, the City Council of the City (the "Council"), acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 12 of the Charter, has established by the adoption of the City of Bakersfield Health Facilities Financing Bond Law (the "Law") a procedure for the authorization, issuance and sale of revenue bonds by the City for the purpose, inter alia, of providing financing for health facilities as specified therein; WHEREAS, at the request of Bakersfield Memorial Hospital (previously known as Greater Bakersfield Memorial Hospital Association) (the "Corporation"), pursuant to Resolution No. 175-92 (the "Prior Resolution"), the City has previously authorized the issuance of a series of revenue bonds in the principal amount of not to exceed sixty-five million dollars ($65,000,000) (the "Authorized Bonds"), for the purpose of providing moneys to make a loan to the Corporation to assist in refinancing the construction, furnishing and equipping of certain improvements to the Corporation's existing health facility in the City; WHEREAS, the Corporation has determined that in order to realize important cost savings through the refinancing of certain of its outstanding indebtedness it is advisable to issue Authorized Bonds and has requested said issuance of bonds by the City; WHEREAS, assisting in the foregoing promotes the purposes of the Law, is in the public interest, serves a public purpose, promotes the health, welfare and safety of the citizens of the City, and constitutes a municipal affair; and O~/~AL WHEREAS, all conditions and things required by the Law and by all other laws of the State of California to exist, to have happened or to have been performed precedent to and in connection with the issuance, sale and delivery of all or part of the remaining portion of the Authorized Bonds exist, have happened and have been performed in regular and due time, form and manner as required by the Law and the city is now duly authorized and empowered pursuant to each and every requirement of law, to issue the said bonds. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Bakersfield, as follows: Section 1. The Council hereby confirms and ratifies the authorization and other actions taken with respect to the issuance of bonds contained in the Prior Resolution, with only such changes as set forth herein. Section 2. The bonds to be issued pursuant to the Prior Resolution shall be designated as the City of Bakersfield Hospital Revenue Refunding Bonds (Bakersfield Memorial Hospital), Series 1993A (the "series 1993A Bonds). Section 3. The Council does hereby find and declare that the above recitals are true and correct and that the issuance, sale and delivery of the Series 1993A Bonds is a municipal affair and proper public purpose. Section 4. 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 which they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Series 1993A Bonds and otherwise to effectuate the purposes of this resolution, including the execution and delivery of any documents which they may deem necessary or advisable in order to procure insurance or other credit enhancement with respect to the Series 1993A Bonds. Section 5. This resolution shall take effect immediately upon its passage. ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 20th day of January , 1993, by the following vote: CITY CLERK of the City Council of the City of Bakersfield APPROVED THIS 20thday of January , MAYOR of ~h~'~y of Bakersfield 1993 APPROVED as to form: R. Michael Bacon, Orrick, & Sutcliffe, Bond Counsel Herrington COUNTERSIGNED: CITY ATTORNEY 3