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HomeMy WebLinkAboutRES NO 76-85RESOLUTION NO. 76-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONCERNING THE INITIAL APPROVAL FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE NEWPORT FEDERAL CONVALESCENT HOSPITAL. WHEREAS, the City Council of the City of Bakersfield (the "City") has, by Ordinance No. (the "Ordinance") adopted by the City Council on enacted the City of Bakersfield Economic Development and Revenue Bond Law (the "Law), constituting Part of Chapter of the Municipal Code of the City, authorizing and establishing the procedure for the sale and issuance of revenue bonds by the City for the purpose of providing financing to applicants for economic development purposes; and WHEREAS, Newport has requested the financial Federal (the "Participating Party") assistance of the City in connection with the construction of a 99 bed convalescent hospital to be located on 5600 Auburn Street near Fairfax in the City (the "Facility") and has presented to the City a general description of 'the Facility as part of its application filed in accordance with the Ordinance; and WHEREAS, the City desires to assist the Particpating Party in the financing of the Facility; and WHEREAS, the Participating Party requires satisfactory assurance from the City that the proceeds of the sale of bonds of the City will be made available to it to assist in the financing of the Facility, and the City requires satisfactory assurance from the Participating Party that certain costs of issuing such bonds will be paid by the Participating Party; and WHEREAS, the Participating Party's application has been reviewed for compliance with the purposes of the Ordinance and evaluated in terms of the public benefits expected to accrue from the construction and operation of the Facility; WHEREAS, a copy of said application, certified by the City Clerk, shall be entered into the records of the City; and ~HEREAS, notice for a public hearing regarding the Facility was duly published in the Bakersfield Californian at least 14 days prior to the date set for such hearing; and WHEREAS, said public hearing was held on June 12, 1985 at 7:00 P.M. before the Mayor and the City Council, at which time all interested persons wishing to express their views on the issuance of bonds or on the nature and location of the Facility were given an opportunity to do so and all written comments submitted in advance of the hearing were read. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfiel,~ as follows: Section 1. The City Council of the City finds and determines that the financing of the Facility will be in furtherance of the public purposes set forth in the Ordinance by promoting the long-term employment of local residents; and improvement and expansion of health care services available to local residents; the growth of the City'$ tax base through increased property values and consumer purchasing; and that it is necessary and essential and a proper public purpose that the Facility be financed at the earliest practicable date. Section 2. the City Council states its present intent to issue, at one time or from time to time, industrial development revenue bonds of the City (the "Bonds") in an aggregate principal amount not to exceed $2,600,000 for the Participating Party to --2-- finance the Facility. Section 3. The Bonds shall be payable solely from the revenues to be received by the City pursuant to loans or other agreement(s) to be entered into by the City and the Participating Party in connection with the financing of the Facility and shall not be deemed to constitute a debt or liability of the City under any constitutional, charter or statutory debt limitation. Neither the faith and credit nor the taxing power of the City shall be pledged to the payment of the principal or of premium, if any, or interest on the Bonds. Section 4. Any cost or expense of the City incurred in connection with the Facility described herein, or the preparation for, or issuance of, Bonds shall be included in the project costs and shall be reimbursed from the proceeds of the Bonds to be issued, from payments from other parties to no Bonds are issued, from the Participating the financing, or if Party. Section 5. with the Facility in Section 6. The City shall receive a fee in connection an amount acceptable to the City. Issuance of the Bonds shall be subject to the following conditions: (a) the City and the Participating Party shall have first agreed to mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions for the loans or other agreement(s) for the financing of the Facility; and (b) all requisite governmental approvals shall have first been obtained, or if they cannot be obtained, the Participating Party shall demonstrate to the satisfaction of the City that any remain- ing approvals are expected to be obtained. -3- Section 7. It is the purpose of the City that this Resolution constitute official action toward the issuance of obligations by the City for the Facility in accordance with Section 1.103-8(a) (5) (iii) the United States Department the Internal Revenue Code of of the Regulations promulgated by of Treasury under Section 103 of 1954, as amended, and that adoption of this Resolution constitutes approval by the applicable elected official in accordance with the terms of Section 103 of said Code. Section 8. immediately upon its This Resolution shall take effect passage. .......... o0o .......... (k) 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 12th day of June, 1985, by the followinq vote: r CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED this 12th day of June, 1985 MAYOR of the City of ~akersfield APPROVED as to form: CITY ATTORNEY of t~e Cit~ of Bakersfield --4--