HomeMy WebLinkAboutResolution - City Council - 82-461 - 1982-10-05• •
RESOLUTION NO .i 82-461
A RESOLUTION OF THE COUNCIL OF' THE CITY
Plarming Fresno
{Central Califo:rn.ia
Blood Bank)
251005-10-2
OF FRESNO, CALIFORNIA, APPROVING-AN
APPLICATION FOR HEALTH FACILITIES REVENUE
BOND FINANCING; DIRECTING THE,, PREPARA-·
TION OF A RESOLUTlON OF ISSUANCE., AND
SUCH OTHER LEGAL DOCUMENTS AS MAY BE
NECESSARY TO CARRY OUT THE FINANCING OF
SA:tD PROJECT AND PROVIDING FOR .THE ISSU-
ANCE OF HEALTH FACILITIES REVENUE BONDS
THEREFOR; MAKING CERTAIN OTHER FINDINGS
AND DETERMINATIONS IN CONNECTION THEREWITH.
(CENTRAL CAL!FORNCCA BLOOD BANK PROJECT}
WHEREAS, the City of Fresno (nCity") is a "home
rule city" duly organized and existing under ~pd pursuant
to a Charter adopted under the provisions of <fhe Constitution
of the State of California; and
WHEREAS, pursuant to its home rule powers, the City
duly and regularly enacted the City of Fresno Health Facilities
Financing Law (the uHealth Faciliti,es Financing Law11
herein) to finance various types of proje.cts as defined .i.n
the Health Facilities Financing 'Law, and to issue its
special revenue bonds for ·the purpose of· paying the .cost of
financing such projects, and has amended the same from time
to time; and
WHEREAS, said Heal th Facilities 1:"inancing haw is
intended to accomplish the public purposes set forth in
Section 18-402 thereof· and
. '
WHEREAS, an application has been submitted to the
City by CE!ntral California Blood Bank ( tl"lA "Company"} , a non-
profit corporation designated as an "exem;pt person" within the
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Blood Bank)
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meaning of Section 501(c) (3) of the Internal Revenue code of
1954, as amended, requesting the City to issue its health
facilities financing bonds for the purpose·of lending the
proceeds thereof to the Company to finance a certain l?roj,ect,,
to wit: the construction of a single sto:ry office/laboratory/
blood drawing center of approximately 29,.000 square feet on
property owned by the Company, together with parking faci-
lities and facilities necessary and convenient therefor and
appurtenances and appurtenant work (the "J?roject"}" and
pay the costs and expenses associated with the issuance
of such bonds; and
WHEREAS, the application has been processed and
reviewed pursuant to the Health Facilities Finarlcing Law;
and
WHERE;l:t.S, the City council of the city .after care-
ful study and consideration finds and declares that it is
in the best interests of the residents of the City to be
provjded with essential services in furtherance of the
health, safety and welfare of the public1: for the City to
assist in the financing of health facilities ..
f
NOW,. THEREFORE, IT IS HEREBY f;ESOLVBD" DETERMINED
AND ORDERED BY THE COUNCIL OF THE CITY OF FRESNO, AS FOLLOWS:
Section l. The recitals set forth hereinabove are
true and correct in all rE;spects ..
Section 2. The City of Fresno, California, is ,a
municipal corporation duly created, established and authorizect
to transact business and exercise its powers, all under and
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.. . • • Fresno
{Central California
Blood Bank)
25,005-10-2
pursuant t.o the Constitution and laws of the State of Cali-·
fornia, and the City Charter of the City.
Section 3. Pursuant to the Charter of the City
and the Health Facilities E'inancing Law, the City is legally
authorized to issue special revenue bonds for the financ-
ing as described. in the recitals thereof.
Sect.ion 4. ~t1his body constitutes the governing
body of the City and is legally authorized to provide for
the issuance of such special revenue bonds by the City.
Section 5. •rhe Project referred to in the recitals
hereof constitutes a project which may be financed by the
issuance of such special revemue bonds by the City.
Section 6 .. The Application subniitted. by the
Company compl:i.es with the provisions and requirements of the
Health Facilities Financing Law and the Rules and Regula-
.
tions adopted pursuant thereto; and it is hereby determined~
that the Project will accrue a public benefit and that the
undertaking of the Project by the City will be a substantial
factor in the accrual of each of the public: benefits for the
use of the Facilities as proposed in the application; and
the Application and the Project involved in such Application
is hereby approved pursuant to the Health Facilities Finan .....
cing Law ...
Section 7 .. The City hereby declares its intention
to exercise the authority referred to in Section 3 hereof by
issuing special revenue bonds of the City in such amounts
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Blood Bank}
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as will be adequate to implement the City financing of the
Project.
Section 8 • The bonds shall be ,payable f·rom the
revenues .described in the Health Facilities Financing Law,
as amended.
Section 9 .. The proceedings for the issuance of
the financing shall bE! in accordance with Section 18-... 117 of
the Fresmo Muriicipal Code which provides as follows:
11 SECTION 18-117. NO CITY DEBT.
"(a) None of the Bonds issued by the City
pursuant to this ordinance shall be o.eemed to
constitute a debt or liability_ of the city, or
a pledge of the faith and oredii:: of the city, but
shall be payable sole'ly from the revenues and
other funds, :i.f any, prov•ided therefor in the
proceedings ..
0 (b) The issuance of bonds .shall not directly
or indirectly or co11tingently obligate the city to
levy or to pledge any form of taxation whatsoever
therefor or to make any appropriation for i:.heir pay-
ment.
"{c) All l;:,onds shall contain on the face
thereof a statement to the following effect:
0 'Neither the faith and credit nor the
taxing power of the City of Fre:sno is . pledged
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Q
., ., • • Fresno
(Central California
Blood Bank)
25 1 005-10.-1
to the payment of the pri11cipal of, premium,
if any, or interest on this Bond,, t1or is the
City of Fresno in any manner obligated to make
any appropriation for payment.·•
n{d) Neither the Council nor the d>fficers and
'1
employees of the city nor any persons e 1:ecuting the
' bonds shall, in any e,rentv be subject td any personal
liability for the bonds or any personal liability
or accountability by reason of the issuance: of si1ch-~
Bonds ..
"(e) The bonds shall be a special obligation
of the city r and the~ city shall, under no circum-
stances, be obligated to pay bonds or project
costs (other than administrative expenses), except
from revenues and other funds received uncler the
project agreements for such purposes, nor to pay
administrative expenses except from funds received.
under project agr12!ements for such purposes, or .
f_rotn funds which are made available as otherwise
authorized by law. All bonds shall contain C)n
the face thex·eof a statement of their special
obligation natu.r.·e."
Section 10.. 1rhe details of such bonds, including
the establishing of the aggregate face amount of such obli-
gations, shall be authorized by the Resolution of Issuance
adopted by the Council of the City at a meeting or meetings
to be held for such purpose.. The City Staff, Bond Counsel,
Underwriters, the Applicants and the agents and repres,enta-
tives of same are hereby authoriz,ed and directed to preparf~
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(Central .California,
Blood Bank}
25, 005-10'-l
or cause to be prepared the necessary legal documents,
including the Project Agreementr Resolution of Issuancer
and ;such other documents as may be necessary to effect said
Project and the issuance of :Health Facilities Financing there-
for and to present same to the Council. The City Manager is
hereby authorized and directed to coordinate the efforts of
all concerned relating to the issuance and sale of the
bonds, and th€~ City Attorney, City Staffr consultants, anq
Bond co,1risel. are hereby directed to take such steps as shall
be appropriate to implement such sale and delivery o:E the
bonds.
Section 11 . This Resol ut:i.on ,~ons~i tut es a proper
exercise of the powers of this Counctil and conforms to State
and local legal requirements relating to the issuance of
s,1.1ch, special reve11ue bonds and other bonds or debt obliga-
tions by a charter city in this State ..
section . 12 .• It is intended that this Resol.ution
shall constitute such .. official action 11 toward the issuanct:t
of the bonds within the mean:L.Ag of the Unites States Internal
Revenue Code of 1954 1 as amendedr and the regulation$ promul-
gated thereunder, and any l~gislation now or hereafter
pending in the Congress C;>f the United States which may
require official action in order .for the bonds to be exempt
from Federal income taxation ..
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•
CLERK 1 S CERTIFICATXON
STATE O.F CALIFORNIA)
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
• Fresno
(Central California
Blood Bank}
25,005-10-1
I, JACQUELINE L. RY.LE, City Clerk of the City of
Fresno, certify that th\~ foregoing resolution was adopted
by the Council of the City of Fresno, California" at a
regular meeting held on the . 5th_ day of October , 1982,,.
JACQUEL!NE L. RYLE
/ , > ·• /@:, , :l. ~ :, _, . . -. . . .,
( . BlJ · . . ·.t?k:<!.c,,;,~.:,{,:t?~~ . -:t!.4 ~V
\ /"--De~-·fj
Approved as to Form-:
CITY ATTORNEY'S OFFICE
.•• _ .... ,
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