Loading...
HomeMy WebLinkAboutCC Resolution 6947 (Mervyn's Project)RESOLUTION NO. 6947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS (MERVYN'S PROJECT) 1984 SERIES A WHEREAS, the City of San Rafael (the "City") has, by Ordinance No. 1441, adopted by the Council on October 4, 1982, enacted the City of San Rafael Economic Development Revenue Bond Law comprising Chapter 3.30 of Title 3 of the Ordinance Code of the City of San Rafael (herein called the "Law"), authorizing and establishing a procedure for the sale and issuance of revenue bonds or other evidences of indebtedness by the City for the purpose of making loans to participating parties to finance facilities maintained and operated for industrial, commercial or business purposes; and WHEREAS, the City Council of the City has, by Reso- lution No. 6649, adopted by the City Council on October 3, 1983, given preliminary approval for the issuance of such bonds to fund a loan to Mervyn's (the "Developer") to finance the construction of a certain shopping center facility to be located in the Northgate Shopping Center in the City of San Rafael (the "Project"), and authorized proper officers of the City to proceed to prepare or cause to be prepared the documentation necessary for such purpose; and WHEREAS, the City Council has, by Resolution No. 6911, adopted by the City Council on August 20, 1984, given final approval for the issuance of such Bonds to finance the Project; and WHEREAS, pursuant to Section 103(k) of the Internal Revenue Code, as amended (the "Code"), the Bonds are required to be approved by an elected representative of the issuer of the Bonds, following a public hearing; and WHEREAS, the City Council is the elected legislative body of the City of San Rafael; and WHEREAS, the Project is located wholly within the City of San Rafael; and �R'm -NAg, _ �,w RESOLUTION NO. 347 WHEREAS, this City Council has caused a notice to appear in the San Rafael Independent -Journal, which is a news- paper of general circulation in the City, on October 1, 1984, to the effect that a public hearing would be held by this City Council on October 15, 1984 regarding the issuance of the Bonds and the nature and location of the Project; and WHEREAS, this City Council held the said public hearing on such date, at which time an opportunity was provided to present arguments both for and against the issuance of the Bonds and the nature and location of the Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael: 1. Pursuant to Section 103(k) of the Code, this City Council hereby approves the issuance of the Bonds to finance costs of the Project. It is the purpose and intent of this City Council that this resolution constitute both "host" and "issuer" approval of the issuance of bonds by the applicable elected representative of the issuer in accordance with said Section 103(k). 2. Resolution No. 6911, approved by the City Council of the City on August 20, 1984, authorizing the issuance, exe- cution and delivery of City of San Rafael Commercial Revenue Bonds (Mervyn's Project) 1984 Series A (the "Bonds"), in an aggregate principal amount not to exceed $1,000,000, certain documents, and all other documents deemed necessary or advisable in order to achieve the purposes stated therein, is affirmed by this City Council and, except to the extent superseded by this resolution, remains in full force and effect. 3. The form of Preliminary Official Statement with respect to the Bonds, as presented to this meeting, is approved for distribution, including in final form, by Thornton, Farish & Gauntt, Inc., as underwriter of the Bonds (the "Underwriter"). The Mayor is hereby authorized to sign a copy of such Official Statement in final form, with such changes therein as may be requested by the Underwriter and approved by such officer, with the agreement of counsel for the City, such approval to be con- clusively given by the execution thereof. lw�= RESOLUTION NO. j947 4. This resolution shall take effect immediately upon its passage. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on MONDAY , the 15th day of OCTOBER 1984, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 26.3 B/28 - w- JEA M. L ONCI , City Clerk - 3 -