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HomeMy WebLinkAbout2018-07-24; City Council; Resolution 2018-146RESOLUTION NO. 2018-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING ISSUANCE OF TAX EXEMPT REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 TO REFINANCE AND REHABILITATE A 28-UNIT MULTIFAMILY RENTAL AFFORDABLE HOUSING FACILITY LOCATED AT 6408 HALYARD PLACE FOR THE BENEFIT OF VISTA LAS FLORES, LP., OR ANOTHER ENTITY CREATED BY WAKELAND HOUSING AND DEVELOPMENT CORPORATION (OR AN AFFILIATE). EXHIBIT I WHEREAS, on behalf of Vista Las Flores, LP., a California limited partnership, or another entity created by Wakeland Housing and Development Corporation (or an affiliate) (the "Borrower"), Borrower has requested that the California Municipal Finance Authority (the "Authority") issue one or more series of tax exempt revenue bonds in an aggregate principal amount not to exceed $5,000,000, as part of a plan to finance the rehabilitation of an existing 28-unit multifamily rental affordable housing facility (the "Project") to be owned and operated by the Borrower and located at 6408 Halyard Place within the City of Carlsbad (the "City"); 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 authorized by the City because the Project is 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 authorize the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council authorize 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 authorize the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: July 24, 2018 Item #17 Page 4 of 6 EXHIBIT 1 1. That the above recitations are true and correct. 2. That the City Council hereby authorizes issuance of the Tax Exempt Revenue Bonds by the Authority for the rehabilitation project of the existing 28-unit multifamily affordable rental property located at 6408 Halyard Place for the benefit of Vista La Flores, LP., or another entity created by Wakeland Housing and Development Corporation (or an affiliate). 3. That is the purpose and intent of the City Council that this resolution constitute approval and authorization for issuance of the Bonds by the Authority, for the purposes of Section 147(f) of the Internal Revenue Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f). 4. That the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things 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. 5. That the City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 6. This resolution shall take effect immediately upon its adoption. July 24, 2018 Item #17 Page 5 of 6 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of J..!!!.y, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. MATT HALL, Ma (SEAL) July 24, 2018 Item #17 Page 6 of 6