Resolution 2004- 44
RESOLUTION NO. 2004-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TAX-EXEMPT BOND FINANCING TO BE ISSUED BY
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO BENEFIT DAUGHTERS OF CHARITY HEALTH
SYSTEM AND CERTAIN AFFILIATES
WHEREAS, Daughters of Charity Health System, Saint Louise Regional Medical
Center and certain other affiliates of Daughters of Charity Health System, each a nonprofit public
benefit corporation (collectively, the "Health Institutions"), have requested that the California
Statewide Communities Development Authority (the "Authority") issue bonds in one or more
series in an aggregate principal amount not to exceed $550,000,000 (the "Bonds") for the
purpose of, among other things, financing or refinancing the acquisition, improvement and
equipping (the "Financing") of certain health facilities owned or operated by the Health
Institutions, including Saint Louise Regional Medical Center (the "Facilities") located in the City
of Gilroy (the "City");
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986
(the "Code"), the issuance of the Bonds by the Authority must be approved by the City because
the Facilities are located within the territorial limits of the City;
WHEREAS, the City Council of the City (the "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;
WHEREAS, the Authority has requested that the 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 9 of the Amended and Restated Joint Exercise of
Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies,
including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following
notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to
approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Gilroy as follows:
Section 1. The Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of the Council that this Resolution constitute approval of
the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) ofthe Code by
RESOLUTION NO. 2004-44
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the applicable elected representative of the governmental unit having jurisdiction over the area in
which the Facilities are to be located, in accordance with said Section 147(f) and (b) Section 9 of
the Agreement.
Section 2. 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 3. This Resolution shall take effect immediately upon its adoption.
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.
* * *
PASSED AND ADOPTED this 17th day of May, 2004 by the following vote:
AYES:
COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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ATTEST:
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RhOhda Pellin, City Clerk
RESOLUTION NO. 2004-44
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-44 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
17th day of May, 2004, 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 18th day of May, 2004.
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City lerk of the City of Gilroy
(Seal)