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HomeMy WebLinkAbout2002-11-12; City Council; Resolution 2002-3341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2002-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $8.5 MILLION TO FINANCE THE CONSTRUCTION OF ONE HUNDRED SIX (106) AFFORDABLE APARTMENT UNITS WITHIN VILLAGE Y OF THE CALAVERA HILLS PHASE I1 MASTER PLAN AND DIRECTING CERTAIN ACTIONS APPLICANT: CHELSEA INVESTMENT CORPORATION CASE NO: SDP 01-05 CARLSBAD, CALIFORNIA, APPROVING THE ISSUANCE OF TAX- WHEREAS, the City of Carlsbad (the "City") intends to issue tax-exempt obligations (the "Obligations") for the purpose, among other things, of making a loan to Chelsea Investment Corporation ("Chelsea") or a limited partnership or limited liability company to be established by Chelsea (the "Developer"), the proceeds of which shall be used by the Developer to finance the acquisition, construction and development of a multifamily housing rental facility to be located on the west side of the future extension of College Boulevard, approximately ?4 mile south of Carlsbad Village Drive in the City of Carlsbad, California (the "Project"); and WHEREAS, the City is authorized by Chapter 7 of Part 5 of Division 3 1 of the Health and Safety Code of the State of California (the "Law") to issue and sell revenue bonds for the purpose of financing the acquisition, construction and development of multifamily rental housing facilities to be occupied in part by low and very low income tenants; and WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the City hold a public hearing on and approve the issuance of the Obligations; and WHEREAS, this City Council is the elected legislative body of the City; and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 X Resolution No. 2002-334 Page 2 WHEREAS, a notice of public hearing in a newspaper of general circulation in the City 1as been published, to the effect that a public hearing would be held by this City Council on the late hereof regarding the issuance of the Obligations by the City and the nature and location of :he Project; and WHEREAS, this City Council held said public hearing, at which time an opportunity was xovided to present arguments both for and against the issuance of such Bonds and the nature and ocation of the Project; and WHEREAS, it is in the public interest and for the public benefit that the City approve the ssuance and delivery of the Obligations for the purpose of financing the acquisition, construction md development of the Project; and WHEREAS, the City shall not have any liability for the repayment of the Obligations or my responsibility for the Project; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City )f Carlsbad, California, as follows: 1. The City hereby finds and determines that the foregoing recitals are true and correct. 2. The City hereby approves the issuance and delivery of the Obligations for the purpose Df paying the costs of financing the acquisition, construction and development of the Project, subject to the review and approval of the documents to be executed and delivered in connection with the Obligations. 3. This resolution shall take effect upon its adoption. 111 111 VI 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 12'h day of November, 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None ATTEST: CC ResolutionNo. 2002-334 Page 3