HomeMy WebLinkAboutCC Reso No 2019-011 Approve Multifamily Housing Revenue Bonds for Mission Trail ApartmentsRESOLUTION NO. 2019 - 011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING
REVENUE BONDS FOR THE COTTAGES AT MISSION TRAIL APARTMENTS
Whereas, the California Statewide Communities Development Authority (Authority) is authorized
pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an
Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (Agreement),
among certain local agencies throughout the State of California, including the City of Lake Elsinore
(City), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California
Health and Safety Code for the purpose of financing multifamily rental housing projects; and,
Whereas, Mission Cottages, LP or a partnership created by Civic Partners (Developer), consisting
at least of the Developer or a related person to the Developer and one or more limited partners, has
requested that the Authority adopt a plan of financing providing for the issuance of multifamily
housing revenue bonds (Bonds) in one or more series issued from time to time, including bonds
issued to refund such revenue bonds in one or more series from time to time, and at no time to
exceed $25,000,000 in outstanding aggregate principal amount, to finance or refinance the
acquisition, construction and development of a 143 -unit multifamily rental housing project located
in the City of Lake Elsinore, California, at the Intersection of Mission Trail & Sedco Boulevard
(APN 365-030-004) generally known as Cottages at Mission Trail Apartments (Project) and
operated by US Residential; and,
Whereas, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal
Revenue Code of 1986 (Code); and,
Whereas, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are
required to be approved by the "applicable elected representative" of the governmental units on
whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction
over the entire area in which any facility financed by such bonds is to be located, after a public hearing
held following reasonable public notice; and,
Whereas, the members of this City Council (City Council) are the applicable elected representatives
of the City of Lake Elsinore (the City); and,
Whereas, there has been published, at least 14 days prior to the date hereof, in a newspaper of
general circulation within the City, a notice that a public hearing regarding the Bonds would be held
on a date specified in such notice; and,
Whereas, such public hearing was conducted on such date, at which time an opportunity was
provided to interested parties to present arguments both for and against the issuance of the Bonds;
and,
Whereas, the Authority is also requesting that the City Council approve the issuance of any
refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which
financed the Project (Refunding Bonds), but only in such cases where federal tax laws would not
require additional consideration or approval by the City Council; and,
CC Reso. 2019-011
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Whereas, it is intended that this resolution shall constitute the approval of the issuance of the Bonds
required by Section 147(f) of the Code and Section 9 of the Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are true and correct
Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds
by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval
of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement.
Section 3. 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 that 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 approved hereby:
Section 4. This Resolution shall take effect immediately upon its passage.
Passed and Adopted on this 12th day of Mari
Attest:
Mark Mahan
Deputy City Clerk
CC Reso. 2019-011
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-011 was adopted by the City Council of the City of Lake Elsinore, California, at
the Regular meeting of March 12, 2019, and that the same was adopted by the following vote:
AYES: Councilmembers Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Mark Mahan
Deputy City Clerk