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HomeMy WebLinkAboutRES NO 071-08 RESOLUTION NO. 0 7 1 0 8 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF THE DEVELOPMENTAL SERVICES SUPPORT FOUNDATION FOR KERN, INYO AND MONO COUNTIES WHEREAS, the Developmental Services Support Foundation for Kern, Inyo and Mono Counties (the "Corporation"), has requested that the California Statewide Communities Development Authority (the "Authority") participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $14,000,000 (the "Bonds") for the purpose of, among other things, financing the acquisition of certain real property and the construction, equipping and/or renovation of certain improvements for use primarily as office facilities, the principal tenant of which will be the Kern Regional Center, Inc. ("KRC"), consisting of one or more buildings to be owned and operated by the Corporation (collectively, the "Project") and located on land acquired within the City of Bakersfield (the "City"). The Project is located on North Sillect Avenue (APN 001-400-09) adjacent to KRC's existing facility, which is located at 3200 North Sillect Avenue, Bakersfield, California 93308; 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 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (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. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCil OF THE CITY OF BAKERSFIELD, AS FOllOWS: <oM~-9 ~ ~ >- rn I- . -0 CJ ORIGINAL Section 1. The Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing, 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 9 of the Agreement. Section 2. The Mayor of the City and/or 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 3. This resolution shall take effect immediately upon its adoption and execution in the manner as required by the City Charter. ~ ES: ABSTAIN: ABSENT: 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 HAY 0 7 2008 by the following vote: COUNCILMEMBER CAR~[JJlI ~ C~, HA~N, SUL~, SCR~R, ~ COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~(.v) \r1l'lNY\ APPROVED as to form: VIRGINIA GENNARO City Attorney BY:~?/ ~A~ 2 <oM~-9 ~ ~ >- rn I- , -0 CJ ORIGINAL