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Resolution - 9648RESOLUTION NO. 9648 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS (VINTAGE GARDEN SENIOR APARTMENTS PROJECT) WHEREAS, the ABAG Finance Authority For Nonprofit Corporations intends to sell and issue not to exceed $10,100,000 of multifamily housing revenue bonds (the 'Bonds") in order to finance the construction by Badillo Street Senior Apartments, L.P., a California Limited Partnership, or assigns, of a multifamily rental housing development located at the southeast corner of Badillo Street and Phillips Avenue in the City of West Covina, County of Los Angeles, California (the "Project'); WHEREAS, the interest on the Bonds may qualify for exclusion from gross income under Section 103 of the Internal Revenue Code of 1986 (the "Code"), only if the Bonds are approved in accordance with Section 147(f) of the Code; WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance the Bonds are required to be approved by the applicable elected representative of the governmental unit on whose behalf the bonds are expected to be issued and by each governmental unit having jurisdiction over the 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 Project is located wholly within the City of West Covina, California; WHEREAS, this City Council of the City of West Covina (the "Council') is the elected legislative body of the City of West Covina (the "City") and is the applicable elected representative required to approve the issuance of the Bonds within the meaning of Section 147(f) of the Code; WHEREAS, in accordance with Section 147(f) of the Code, the Council held a public hearing regarding the issuance of the Bonds, the notice of such hearing having been published in a newspaper of general circulation within the City, whereby all interested persons were invited and given an opportunity to comment upon the issuance of the Bonds; and WHEREAS, the Council now desires to approve the issuance of the Bonds; NOW THEREFORE, the Council of the City of West Covina hereby finds, determines, declares and resolves as follows: 1. Each of the foregoing recitals is correct and is certified to be a representation of the Council. 2. The Council hereby approves the issuance of the Bonds by the ABAG Finance Authority For Nonprofit Corporations to finance the costs of the Project. It is the purpose and intent of the Council that this Resolution constitute approval of the Bonds by the applicable elected representative of the issuer of the Bonds and the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with Section 147(f) of the Code. 3. The City Clerk shall certify to the adoption of this Resolution and forward a certified copy to the following: David Castillo Orrick, Herrington & Sutcliffe LLP 400 Sansome Street San Francisco, California 94111 DOCSSFI:312429.1 41559-16 HSG564LK APPROVED and ADOPTED by the City Council of the City of meeting of said Council held on the 19`h day of January, 1999 by ATTES�Sf-.'/ > City_Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ) t Covina at a regular following vote: I HEREBY CERTIFY that the foregoing Resolution No. 9648 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 19th day of January , 1999, by the following vote: AYES: Howard, Touhey, Wong, Melendez NOES: None ABSENT: Herfert ABSTAIN: None Ae City C7k�� 1� APPROVED AS TO FORM: City Attorn y DOOSS r1:312429.1 _ 2 4155946 HSG564[ K