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Res 08-038 RESOLUTION NO 08-038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR A LIMITED PARTNERSHIP TO BE ESTABLISHED BY COMMUNITY HOUSING WORKS OR AN AFFILIATE THEREOF, WITH RESPECT TO A MUL TIFAMIL Y APARTMENT PROJECT WHEREAS, Oak Knoll Housing Associates, L.P , or another limited partnership to be established by Community Housing Works or an affiliate thereof (the "Borrower") intends to acquire, rehabilitate and equip 52-unit multifamily rental housing development (the "Project") to be located at 12509 Oak Knoll Road, Poway, California 92105, and has requested the California Municipal Finance Authority (the "Authority") to issue tax- exempt bonds (the "Bonds") in the not-to-exceed amount of $6,500,000, the proceeds of which shall be used for the purpose of financing the construction and equipping of the Project; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representative" with respect to the Project to approve the issuance of the Bonds with respect to the Project after a public hearing has been held conceming the issuance and delivery of the Bonds with respect to the Project; and WHEREAS, the City Council of the City of Poway (the "City Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code, and WHEREAS, the Authority has requested that the City Council approve 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, 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 at which all those interested in speaking with respect to the financing of the Project were heard, and now desires to approve the issuance of the Bonds by the Authority, as provided below; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows. Section 1 The City Council hereby finds and determines that the foregoing recitals are true and correct. Resolution No 08-038 Page 2 Section 2. The City Council hereby approves the issuance of the Bonds with respect to the Project by the Authority It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority only for the purposes of (i) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project will be located, in accordance with said Section 147(f), and (ii) Section 4 of the Agreement. Section 3 The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority Section 4 The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Bonds shall be solely the responsibility of Borrower The Bonds shall not constitute a debt or obligation of the City Section 5 The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and 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 Section 6 This Resolution shall take effect from and after the date of its passage and adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 10th day of June, 2008 ATTEST ~v~ )!VX3Y//:-' Salam Hasenin, City Clerk Resolution No. 08-038 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 08- 038 was duly adopted by the City Council at a meeting of said City Council held on the 10th day of June, 2008, and that it was so adopted by the following vote AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT EMERY DISQUALIFIED' NONE S L ))~~i~ Salam Hasenin, City Clerk City of Poway