Loading...
HomeMy WebLinkAboutResolution 2019-183 N.C.S. 12/02/2019Resolution No. 2019-183 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF RIVER CITY SENIOR APARTMENTS WHEREAS, Petaluma Ecumenical Properties, a California nonprofit corporation doing business as PEP Housing (the "Sponsor"), on behalf of River City Senior Apartments, L.P., a California limited partnership, or another entity to be created by the Sponsor or an affiliate of the Sponsor for the purpose of owning the facilities described herein (such limited partnership or other entity, the "Borrower"), has requested that the California Municipal Finance Authority (the "Authority") issue one or more series of revenue bonds in an aggregate principal amount not to exceed $25,000,000, including but not limited to revenue bonds issued as part of a plan to finance the development described herein (the "Bonds"), for the acquisition, development, and construction of a 54 -unit affordable rental housing facility for low-income seniors, including senior veterans and seniors experiencing homelessness (the "Project"), to be located in the City of Petaluma, California (the "City") at 951 Petaluma Blvd. S. and to be owned and operated by the Borrower; 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 to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order 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 City 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, BE IT RESOLVED, by the City Council of the City of Petaluma, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority, including but not limited to Bonds issued as part of a plan to finance the facilities described herein. It is the purpose and intent of the City 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 Resolution No. 2019-183 N.C.S. Page 1 which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. 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 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. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 5. This resolution shall take effect immediately upon its adoption Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the aAp ived as to Council of the City of Petaluma at a Regular meeting on the 2nd day of December ;' orrn: 2019, by the following vote:. ify Attorney AYES: Mayor Barrett; Fischer; Healy; King; Vice Mayor McDonnell; Miller r NOES: None ABSENT: Kearney ABSTAIN: None 4 ATTEST: City Clerk Mayor Resolution No. 2019-183 N.C.S. Page 2