HomeMy WebLinkAboutRESO 986520191104 th 0140205
Resolution No. 9865
A Resolution of the City Council of the City of Palo Alto Approving the Issuance
Tax-Exempt Revenue Bonds by the California Enterprise Development
Authority in an Aggregate Principal Amount not to Exceed $30,000,000 to
Finance and Refinance the Cost of the Acquisition, Development,
Construction, Installation, Equipping and Furnishing of School Facilities for
Bowman International School, and other Matters Relating Thereto
A. Bowman International School, a California nonprofit public benefit corporation
(the “School”), duly organized and existing under the laws of the State of California (the “State”),
has requested that the California Enterprise Development Authority (the “Authority”) issue, from
time to time, pursuant to a plan of finance, its tax-exempt revenue obligations in an aggregate
principal amount not to exceed $30,000,000 (the “Bonds”) for the benefit of the School, pursuant
to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with
Section 6500) (the “Act”) for the purpose of (a) (i) refinancing outstanding indebtedness incurred
by the School, the proceeds of which were used to finance and refinance the cost of the
acquisition, construction, development, equipping and furnishing of educational facilities located
at 4000 Terman Drive, Palo Alto, California, and (ii) finance the cost of the acquisition,
construction, development, equipping and furnishing of an approximately 16,340 square foot
academic village located at 693 Arastradero Road, Palo Alto, California consisting of a building
with additional classrooms, a multi-purpose building with an auditorium and offices and other
related facilities (collectively, the “Facilities”) and (b) paying certain costs of issuance in
connection with such financing; and
B. The School is an organization described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the “Code”) and will own and operate the Facilities in
connection with its mission of providing an independent, college preparatory school that exists to
develop and inspire students; and
C. Pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the
issuance of the Bonds by the Authority must be approved by the City because the Facilities are
located within the territorial limits of the City; and
D. The City Council of the City (the “City Council”) is the elected legislative body of
the City and is one of the “applicable elected representatives” required to approve the issuance
of the Bonds under Section 147(f) of the Code; and
E. The Authority has requested that the City Council approve the issuance of the
Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of
the Code and the requirements of the Joint Exercise of Powers Agreement Relating to the
California Enterprise Development Authority, dated as June 1, 2006(the “Agreement”), among
certain local agencies, including the City; and
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F. Pursuant to Section 147(f) of the Code, the City Council has, following notice duly
given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the
issuance of the Bonds by the Authority.
G. It is intended that this Resolution shall comply with the public approval
requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither
intended to nor shall it constitute an approval by the City Council of the Facilities for any other
purpose, including, but not limited to, compliance with the California Environmental Quality Act
(California Public Resources Code, Section 21100, et seq.) (“CEQA”);
NOW, THEREFORE, the City Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of the City Council that this resolution constitute approval
of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code
by the applicable elected representative of the governmental unit having jurisdiction over the
area in which the Facilities are located, in accordance with said Section 147(f) and (b) the
Agreement.
SECTION 3. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing for the Facilities; (ii) approve any application or
request for or take any other action in connection with any land use entitlements, permit or other
action necessary for the acquisition, rehabilitation or operation of the Facilities; or (iii) make any
contribution or advance any funds whatsoever to the Authority.
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SECTION 4. This Resolution shall take effect from and after its adoption.
INTRODUCED AND PASSED: November 4, 2019
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney City Manager or Designee
Director of Administrative
Services
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Subject: Please DocuSign: RESO 9865 TEFRA Resolution for Bowman International School.docx
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Certificate Pages: 2 Initials: 0 Kim Lunt
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250 Hamilton Ave
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Molly Stump
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City Attorney
City of Palo Alto
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Kiely Nose
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Director, Administrative Services/CFO
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Eric Filseth
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Mayor
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Beth Minor
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City Clerk
City of Palo Alto
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Tarun Narayan
Tarun.Narayan@CityofPaloAlto.org
Manager of Treasury, Debt & Investment
City of Palo Alto
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