Resolution Number 06-09-19-08RESOLUTION NO. 06 -09 -19 -OS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CAPISTRANO, CALIFORNIA APPROVING THE ISSUANCE
COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHC
ADJUSTABLE RATE REVENUE BONDS (PUEBLO SERRA WOF
HOLDINGS PROJECT), SERIES 2006 (JSERRA HIGH SCHOOL)
WHEREAS, the City of San Juan Capistrano (the "City") is a
corporation, organized and existing under the laws of the State of California; a
WHEREAS, the City has been asked to provide the approval Of a local
"host" government agency for the issuance of tax-exempt bonds for the benefit of
Junipero Serra High School in order to satisfy the public approval requir ment of
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code")• and
WHEREAS, such approval by the City is required in order to q alify the
interest on the Colorado Educational and Cultural Facilities Authority (" ECFA")
Adjustable Rate Revenue Bonds (Pueblo Serra Worship Holdings Project) Se es 2006
(the "Bonds") for exclusion from the gross income of the owners thereof fo federal
income tax purposes pursuant to the applicable provisions of the Code; and
' WHEREAS, the City is advised that the proceeds of the Bor
loaned to New Ventures in Higher Education, Inc., which will reloan such p
Pueblo Serra Worship Holdings, to finance and refinance the acquisition, cc
and equipping of classroom, administration, parking, and athletic facilities E
infrastructure improvements located at 26351 Junipero Serra Road,
Capistrano, California, 92675-1635 which are leased to Junipero Serra High
"Project") as more fully described in the Notice of Public Hearing attached
Exhibit A; and
WHEREAS, the City has previously adopted a resolution stating
of neutrality towards requests for approvals under Section 147(f); and
WHEREAS, the City is informed and believes the proceeds of tl
are restricted such that they may not be used to fund the religious activities or
the religious mission of Junipero Serra High School, and that such proceeds m
used for the construction or rehabilitation of any facilities where religious docs
taught or where worship occurs; and
WHEREAS, a public hearing with respect to the Bonds was hE
Council on September 19, 2006, at 7:00 p.m. (the "Public Hearing") after a
Public Hearing was published for the hearing on August 31, 2006 in the (
Valley News, as evidenced by the copy of the affidavit of publication attached
' Exhibit B; and
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WHEREAS, after reasonable public notice was given, the Public Hearing
was held and no objections were raised at the Public Hearing with respect to the
proposed issuance of the Bonds or the financing and refinancing of the Project; and
WHEREAS, the City has considered the Project and the financing
proposed to be provided by the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
1. For the sole purpose of qualifying the interest on the Bonds for
exclusion from the gross income of the owners thereof for federal income tax purposes
pursuant to the applicable provisions of the Code, the issuance of the Bonds in an
aggregate principal amount of not to exceed $50,000,000 and the financing and
refinancing of the Project are hereby approved, provided that in no event shall the City
be liable for the Bonds nor shall the Bonds constitute a debt of the City.
2. The City makes no representation regarding its authority to provide
this approval under federal, State, or local law.
3. This Resolution is being adopted solely for the purpose of meeting
the requirements of Section 147(f) of the Code, and in no way represents any type of
grant or aid by, or support from, the City with respect to the Project or the Bonds. The
City shall have no responsibility for or involvement in the issuance of the Bonds
whatsoever.
4. The City hereby adopts this Resolution in reliance on the following
understandings and agreements:
a. The understanding that Hogan & Hartson ("bond counsel'),
Junipero Serra High School, Pueblo Serra Worship Holdings, and CECFA have each
acknowledged (or will acknowledge prior to the issuance of the Bonds) that the City
makes no representation regarding the effectiveness of this Resolution for its intended
purpose under the Code, or the City's authority to provide this approval under federal,
State, or local law;
b. The letter provided to the City by bond counsel stating that
bond counsel will provide a reliance letter to the City regarding its final approving
opinion for the bond issue;
C. The indemnification agreement pursuant to which Junipero
Serra High School and Pueblo Serra Worship Holdings agreed to indemnify and hold
the City harmless, and pursuant to which Junipero Serra High School and Pueblo Serra
Worship Holdings acknowledges that the City is under no obligation to defend the
approval provided by this Resolution, and pursuant to which Junipero Serra High School
and Pueblo Serra Worship Holdings agree to undertake such defense and to indemnify
the City against any claims against it relating to this approval; and
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d. The understanding that the proceeds of the B nds are
' restricted such that they may not be used to fund the religious activities or to f rther the
religious mission of Junipero Serra High School, and that such proceeds may not be
allocated to any facilities where religious doctrines are taught or for worship aivities at
such facilities. It
5. That this Resolution shall take effect upon adoption.
PASSED, APPROVED AND ADOPTED this 19th day of
DAVID M. SWERDLIN, MAYO
ATTEST:
M RG RET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do h reby certify
that the foregoing Resolution No. 06-09-19-08 was duly adopted by the City Council of the City f San Juan
Capistrano at a Regular meeting thereof, held the 19'" day of September 2006, by the followi g vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
COUNCIL MEMBER:
R. MONAHAN, City Clerk
Bathgate, Soto,
None
Hart, Allevato
Mayor Swerdlin
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