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HomeMy WebLinkAbout2009-11-10; City Council; Resolution 2009-2861 RESOLUTION NO. 2009-286 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 CARLSBAD, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS 5 (GEMOLOGICAL INSTITUTE OF AMERICA, INC.), SERIES 2009 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 6 FOR THE PURPOSE OF REFINANCING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY VARIABLE 7 RATE DEMAND REVENUE BONDS (GEMOLOGICAL INSTITUTE OF AMERICA, INC. PROJECT), SERIES 20018 9 WHEREAS, the Gemological Institute of America, Inc. (the "Borrower"), a 11 I California nonprofit corporation and an organization described in Section 501(c)(3) of 12 the Internal Revenue Code of 1986, has requested that the California Municipal 13 Finance Authority (the "Authority") participate in the issuance of one or more series of 14 revenue bonds in an aggregate principal amount not to exceed $35,000,000 (the "Bonds") to (1) refinance the California Statewide Communities Development Authority 16 Variable Rate Demand Revenue Bonds (Gemological Institute of America, Inc. 17 Project), Series 2001 (the "2001 Bonds") and (2) pay certain expenses incurred in 18 connection with the issuance of the Bonds; and 19 20 WHEREAS, the 2001 Bonds were used to refinance the acquisition, 21 construction and equipping of certain administrative and educational facilities, 22 including classrooms, administrative offices, a library, laboratories and parking 23 facilities located at 5345 and 5355 Armada Drive, Carlsbad, California (the "Campus"), 24 to finance the acquisition of certain laboratory equipment to be used at the Campus and a portion of the acquisition of real property on the corner of Cannon and Legoland 27 28 1 Drive in Carlsbad and related capital improvements (collectively, the "Project"), and to 2 fund certain reserves and pay other costs related thereto; and 3 WHEREAS, the Project is owned and operated by the Borrower and located 5 within the City of Carlsbad (the "City"); and 6 WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 7 (the "Code"), the issuance of the Bonds by the Authority must be approved by the City 8 because the Project is located within the territorial limits of the City; and 10 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" 12 required to approve the issuance of the Bonds under Section 147(f) of the Code; and 13 14 WHEREAS, the Authority has requested that the City Council approve the 15 issuance of the Bonds by the Authority in order to satisfy the public approval 16 requirement of Section 147(f) of the Code and the requirements of Section 4 of the 17 Joint Exercise of Powers Agreement Relating to the California Municipal Finance 18 Authority, dated as of January 1, 2004 (the "Agreement"), among certain local 19 agencies, including the City; and 20 21 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, 23 and now desires to approve the issuance of the Bonds by the Authority; 24 25 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of 26 Carlsbad as follows: 27 28 1 Section 1. The City Council hereby approves the issuance of the Bonds by the 2 Authority. It is the purpose and intent of the City Council that this resolution constitute 3 approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 4 147(f) of the Code by 5 the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with 6 said Section 147(f) and (b) Section 4 of the Agreement. 7 8 Section 2. The g and severally, to do 10 documents which they 11 to and comply with the 12 approved hereby. 13 14 Section 3. This 15 16 17 " 18 // 19 // 20 // 21 // 22 1 „// 23 24 25 //26 27 " 28 officers of the City are hereby authorized and directed, jointly any and all things and to execute and deliver any and all deem necessary or advisable in order to carry out, give effect terms and intent of this resolution and the financing transaction resolution shall take effect immediately upon its adoption. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of November. 2009, by the following vote to wit: AYES: Council Member Lewis, Kulchin, Hall, Packard, and Blackburn. NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: JDRR^INE M. WOOD, City Clerk (SEAU,,, ' •<?'"*«,*,X'', •* 7