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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 -1- 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: ---"~" ATTEST: LJ!l .r2 '". ..."ICI7L1{>,--.(L/[.{./", I RhOhda Pellin, City Clerk RESOLUTION NO. 2004-44 -2- 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. '1 ~~ ~.. ......-''- L ~ ~ , '-= -" !f;J If,^-l v~ U-,- ./e- City lerk of the City of Gilroy (Seal)