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CC Resolution 1993-100^!F RESOLUTION 93 100 A RESOLUTION OF THE CITY COUNCIL OF ThE CITY OF LA QUINTA DETERMINING THE NECESSITY TO PROVIDE FINANCING FOR THE SALE OF CONSTRUCTION FINANCING AND/OR MORTGAGE REVENUE BONDS LA QUINTA VILLAGE) WHEREAS, the City of La Quinta the City") is authorized by the provisions of Health and Safety Code Section 52000 etseu. the Act") to issue and sell construction financing and/or mortgage revenue bonds for the purpose of making loans or otherwise providing funds to finance the development of multi-family residential rental housing projects, including units for households meeting the income limits set forth in the Act; and, WHEREAS, Amcor Realty Fund III and AAA Housing Partners, ajoint venture the *Developer") has requested the City to issue and sell its revenue bonds pursuant to the Act to provide financing for the acquisition of certain land and/or the construction of a certain multi- family R-2 housing development comprising approximately 116 units to be located on the northwest corner of Calle Tampico and Washington Street in the City the Project"); and, WHEREAS, the Project will be of benefit to the City and its residents; and, WHEREAS, as an inducement to the Developer to carry out the Project, the City desires to authorize the issuance of bonds in the approximate principal amount not to exceed $5,000,000; and, WHEREAS, Section 146 of the Internal Revenue Code of 1986 lImits the amount of multi*f*imily housing revenue bonds that may be issued in any calendar year by entities within a state and authorizes the govei *i*r or the legislature of a state to provide the method of allocation within the state; and, WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California the Govei*ment Code") governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue multi-family housing revenue bonds; and, WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application with the California Debt Limit Allocation Committee prior to the issuance of multi-family housing revenue bonds. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City hereby determines that it is necessary and desirable to provide financing for the Project by the issuance and sale of construction financing and/or mortgage revenue bonds pursuant to the Act and hereby authorizes the issuance and sale of such bonds in a principal amount not to exceed $5,000,000. This action is taken expressly for the purpose of inducing the Developer, or its successors or assigns, or such other person or RESOOC. 126 BIB] 08-17-1998-U01 04:15:42PM-U01 ADMIN-U01 CCRES-U02 93-U02 100-U02 ^!FReso1*tion 93-100 entity designated by this City Council, to undertake the Prc*ject, provided that nothing contained herein shall be construed to signify that the Project complies with the planning, zoning, subdivision, and bu*lding law* L*id ordin*i**s applicable theicto i)r to sugg*t that the City or any officer, agent, or employee of the r.i* will Eraflt a;*y approval, consent or permit which may be i*uired in connection with the development of the Proj***t. 2. The isSUance and sale of the bonds shall be upon such terms and conditions as n*ay be agreed upon by the City, the Developer,and the initi*9l purc*aser* of the bnnds; provided. ho"'*yer, that the bond'* shall not be so7'*,'* or issued *fljCS5 specifically *;*t*3riZ* by LIie subsequent resolution of this City Council 3. The City Manager or his designee is hereby authorized and directed to prepare and submit an application, and such other documents as may be required, to the California Debt T;u*init Allocation Committee for an allocation of authority to issue construction financing and/or mortgage revenu* bonds in an amount no* LO exceed $5,OO*,C*OO, to collect from the Developer and place into an escrow account an amount equal to one percent 1 %) of the requested allocation, and to certify to the California Debt Limit Allocation Committee as to the placement into escrow of such amount. 4. The City Manager or his designee is hereby authorized and directed to take whatever further action, relating to the aforesaid financial assistance, may be deemed reasonable and de*imble, provided that the terms and conditions under which the bond* are issued and sold must be approved by this City Council in the manner provided by law prior to the *1(* thereof. 5. This resolution shall take effect im*ediatcly *poi* its adoptior.. PA**ED, APPRC','*D, qp4 ADOPTED at a iegular meeting of thc La Quinta City Coun*iI * * +his 7th day of flecember, 1993, by the following vote, to wit AYES: Council Members Bangerter, McCartney, Mayor Pena NOES: Council Members Perkins, Sniff ABSENT: None ABSTAIN: None JOHN PE A, yor City of La Quinta, California RESOCC. 126 BIB] 08-17-1998-U01 04:15:42PM-U01 ADMIN-U01 CCRES-U02 93-U02 100-U02 ^!F Reso*ution 93-100 3NDRA L. JUHOLK, City Clerk City of La Quinta, California APPROVED AS TO FORM l* DAWN HONEYWELL, *ity Attorney City of La Quinta, California * BIB] 08-17-1998-U01 04:15:42PM-U01 ADMIN-U01 CCRES-U02 93-U02 100-U02