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Resolution 2000-69 . . RESOLUTION NO. 2000-69 A RESOLUTION APPROVING THE ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA STATEWIDE DEVELOPMENT AUTHORITY TAX-EXEMPT COMMUNITIES Local Government Participant: Issuer: Borrower: Equipment: City of Gilroy, California California Statewide Communities Development Authority Bonfante Gardens, mc. or an affiliate Acquisition of certain equipment, including food and retail facilities equipment and fixtures, parking tram, generators, H.V.A.C, system and fire, safety and sound communication equipment to be used in Borrower's horticulturally-based theme park Maximum Principal Amount: Public Hearing Date: $3,500,000 October 16, 2000 WHEREAS, 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 for the purpose of providing funds for the financing of the Equipment and related costs located or to be located in the jurisdiction of the Local Government Participant; and WHEREAS, the Issuer has requested that the governing body of the Local Government Participant approve the issuance of the Obligations and the Equipment in order to satisfy the public approval requirement of Sectioo 147(f) of the hrtemal Revenue Code of 1986, as amended (the "Code"), and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement (the "Joint Powers Agreement"), dated as of June I, 1988, amoog certain local agencies, including the Local Government Participant; and WHEREAS, the Local Government Participant held a public hearing on the Public Hearing Date providing a reasooable opportunity for persons to comment on the issuance of the Obligations and the Equipment; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Obligations and the Equipment required by Section 147(f) of the Code, Sectioo 9 of the Joint Powers Agreement and Sectioo 91530(f) of the Government Code of the State of California; NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Local Government Participant, that the issuance of the Obligations and the Equipment are hereby approved for the purposes of Section 147(f) of the Code and Sectioo 9 of the Joint Powers Agreement. RESOLUTION NO. 2000-69 -1- . . RESOLVED FURTHER, the Clerk of the Local Government Participant shall certify the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect, * * * * The undersigned hereby certifies that the foregoing resolution was approved and adopted by the governing body of the Local Government Participant this 16'" day of October, 2000, by the following vote: AYES: COUNCILMEMBERS: p, ARELLANO, MORALES, PINHEIRO SUDOL, VELASCO, SPRINGER COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: G. ARELLANO APPROVED: tb Thomas W, Springer, Mayor ( ~~ 2: /! ,/- L--- c-// _ l- , - :tf&Ij( ( :LLw~ Rhonda Pellin, City Clerk RESOLUTION NO. 2000-69 -2- . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached Resolution No. 2000-69 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of October, 2000, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of October, 2000, (Seal)