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CC Resolution 2007-061 RESOLUTION NO. 2007-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA GUINTA, CALIFORNIA, APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $50,000,000 BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF TWO HUNDRED EIGHTEEN (218) AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA GUINTA WHEREAS, the California Municipal Finance Authority, a public entity of the State of California and a Joint Powers Authority("CMFA"), intends to issue tax- exempt obligations in a amount principal amount not expected to exceed $50,000,000 (the "Obligations") for the purpose, among other things, of making a loan to Coachella Valley Housing Coalition, a California nonprofit public benefit corporation, on behalf of a limited partnership or limited liability company to be formed by Coachella Valley Housing Coalition (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 at the Northwest corner of Avenue 48 and Dune Palms Road in the City of La Quinta, California and to be known as the La Quinta Dune Palms Apartments (the "Development"); and WHEREAS, the CMFA is authorized by Chapter 7 of Part 5 of Division 31 of the Healtlil 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", which is the City Council of the City of La Quinta, shall 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 WHEREAS, a notice of public hearing was published in a newspaper of general ci!rculation in the City, to the effect that a public hearing would be held by this City Council on the date hereof regarding the issuance of the Obligations by the CMFA and the nature and location of the Development; and Resolution No. 2007-061 Tax-Exempt Obligations - TEFRA Adopted: July 3. 2007 Page 2 WHEREAS, this City Council held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of such Bonds and the nature and location of the Development; and WHEREAS, it is in the public interest and for the public benefit that the City approve the issuance and delivery of the Obligations by CMFA for the purpose of financing the acquisition, construction and development of the Development; and WHEREAS, the City shall not have any liability for the repayment of the Obligations or any responsibility for the Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of La Quinta, 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 by CMFA for the purpose of paying the costs of financing the acquisition, construction and development of said Development. 3. The adoption of this Resolution shall not bind the City or CMFA to issue the Obligations. Additionally, the adoption of this Resolution does not and shall not limit in any manner whatever the full discretion of the City to deny any further permit or approval that may be necessary for ultimate completion of the proposed Development. 4. This Resolution shall take effect upon its adoption. . PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2007, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution Nd. 2.007-061 Tax..Exempt Obligations - TEFRA Adopted: Jul~ 3. 2007 Pege 3 ATTEST: ~~ ~~ONlaA City of L~ uinta, California (CITY SEAL) APPROVED AS TO FORM: ~_. ON, City Attorney alifornia