HomeMy WebLinkAbout2009-10-27 - RESOLUTIONS - CMTY MENTAL HEALTH CLINIC (2)RESOLUTION NO. 09-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE ISSUANCE
OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE OF REFINANCING
THE ACQUISITION, CONSTRUCTION, REHABILITATION, AND IMPROVEMENT OF
PROPERTY, INCLUDING REAL AND PERSONAL PROPERTY, TO BE USED AS,
OR AS PART OF, A COMMUNITY MENTAL HEALTH CLINIC AND
CERTAIN OTHER MATTERS RELATED THERETO
WHEREAS, pursuant to the Joint Powers Act, comprising of Article 1, Article 2 and
Article 3 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the
Government Code of the State of California, a number of California cities and counties
("Program Participants"), including the City of Santa Clarita, California (the "City" or "Local
Government Participant"), have entered into an Amended and Restated Joint Exercise of Powers
Agreement dated as of June 1, 1988 (the "Joint Powers Agreement"), under which the California
Statewide Communities Development Authority ("Issuer") was organized; and
WHEREAS, the Issuer is authorized by the Joint Powers Agreement to issue bonds, notes
. or other evidences of indebtedness, or certificates of participation in leases or other financing
agreements, in order to promote economic development; and
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-WHEREAS the Issuer -is also- -authorized; by -a resolution adopted March -21, 1'991, to
issue bonds, notes or other evidences of indebtedness, or certificates of participation in leases or
other agreements to finance or refinance facilities owned and operated by organizations described
in Section 501(c)(3) of the Internal Revenue Code of 1986 and which are determined by the
Issuer to satisfy the criteria set forth in the resolution. In 1991, the California Superior Court
entered a judgment validating the resolution (and therefore the Issuer's authority to act as an
issuer in Section 501(c)(3) financings); and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code") requires
that the proposed financing be approved by a governmental unit having jurisdiction over the area
in which the project to be financed is located or is to be located. A financing will be treated as
having been approved by a governmental unit if it is approved "by the applicable elected
representative of such governmental unit after a public hearing following reasonable public
notice" and
WHEREAS, Child & Family Center (the "Borrower") has requested that the Issuer issue
its notes, bonds or any other evidence of indebtedness (the "Obligations") in .an aggregate
principal amount not expected to exceed the Maximum Principal Amount of $4;300,000 for the
purpose of providing funds to refinance the acquisition, construction, rehabilitation, and
improvement of property, including real and Personalproperty,to be used� as_, or as a
rt of a
community
mental health clinic (the "Project") and pay related costs; and
WHEREAS, the Issuer has requested that the governing body of the Local Government
Participant approve the issuance of the Obligations and the Project in order to satisfy the public
approval requirement of Section 147(f) of Code, and the requirements of Section 9 of the Joint
Powers Agreement; and
WHEREAS, there has been published, at least 14 days prior to the date hereof (the
"Public Hearing Date"), in a newspaper of general circulation within the City, a notice that a
public hearing regarding the issuance of the Obligations and the Project will be held on the
Public Hearing Date; and
WHEREAS, the Local Government Participant held a public hearing on the Public
Hearing Date providing a reasonable opportunity for persons to comment on the issuance of the
Obligations and the Project; and
WHEREAS, it is intended that this resolution shall constitute the approval of the issuance
of the Obligations and the Project required by Section 147(f) of the Code, Section 9 of the Joint
Powers Agreement and Section 91530(f) of the Government Code of the State of California.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Obligations and the
Project for the purposes of --Section 147(f) of -the -Code and --Section- 9 of -the Joint-Powefs
Agreement.
SECTION'). This resolution shall take effect immediately upon its adoption.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of October, 2009.
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MAYOR tl
ATTEST:
CITY CLERK_`
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 27th day of October, 2009, by the following vote:
AYES: COUNCILMEMBERS: McLean, Ender, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ferry
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 09-89, adopted by the City Council of the City of
Santa Clarita, California on October 27, 2009, which is now on file in my office.
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Witness my hand and seal of the City of Santa Clarita, California, this day of
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Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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