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3C Public Hearing 2012 0416
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3C Public Hearing 2012 0416
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4/18/2012 5:33:53 PM
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4/10/2012 4:41:42 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/16/2012
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_CC Agenda 2012 0416 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0416
Reso 2012-035
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Path:
\City Clerk\City Council\Resolutions\2012
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File Number: 12 -167 <br />to such TEFRA Hearing, reasonable notice must be provided to members of the community. <br />Following the close of the TEFRA Hearing, an "applicable elected representative" of the <br />governmental unit hosting the Project must provide its approval of the issuance of the bonds <br />for the financing of the Project. <br />Analysis <br />The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement <br />to promote economic, cultural and community development through the financing of economic <br />development and charitable activities throughout California. To date, over 150 municipalities <br />have become members of CMFA. <br />The CMFA was formed to assist local governments, non - profit organizations and businesses <br />with the issuance of taxable and tax - exempt bonds aimed at improving the standard of living <br />in California. The CMFA's representatives and its Board of Directors have considerable <br />experience in bond financings. <br />In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, <br />it is necessary for the City to become a member of the CMFA. Attached to this report is a <br />copy of the Joint Exercise of Powers Agreement (Agreement) to be executed by a designated <br />signatory of the City. <br />The Agreement provides that the CMFA is a public entity, separate and apart from each <br />member executing such agreement. The debts, liabilities and obligations of the CMFA do not <br />constitute debts, liabilities or obligations of the members executing such agreement. <br />The bonds to be issued by the CMFA for the Project will be the sole responsibility of the <br />Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility <br />for the Project or the repayment of the bonds for the financing of the Project. All financing <br />documents with respect to the issuance of the bonds will contain clear disclaimers that the <br />bonds are not obligations of the City or the State of California, but are to be paid for solely <br />from funds provided by the Borrower. <br />Other than holding the TEFRA hearing, adopting the required resolution and executing the <br />Agreement of the CMFA, no other participation or activity of the City or the City Council with <br />respect to the issuance of the bonds will be required. <br />The Agreement expressly provides that any member may withdraw from such agreement <br />upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond <br />financing for the Borrower and following its execution of the Agreement, the City could <br />withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA at <br />any time following the issuance of the bonds. <br />Applicable General Plan Policies <br />• Goal 56: AFFORDABLE HOUSING CONSERVATION: Encourage the preservation and <br />rehabilitation of the existing affordable housing stock. <br />• Goal 58: SPECIAL NEEDS POPULATIONS: Proactively address the special housing needs of <br />City of San Leandro Page 2 Printed on 411012012 <br />
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