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2014-1149 If RESOLUTION NO. 2014-1149 A RESOLUTION APPROVING THE ISSUANCE BY THE PUBLIC FINANCE AUTHORITY OF BONDS ON BEHALF OF CROWN COURT JANESVILLE GARDENS, LLC WHEREAS, Crown Court Janesville Gardens, LLC (the "Borrower "), has requested that the Public Finance Authority (the "Authority ") issue bonds (the "Bonds ") in an amount not to exceed $9,500,000, the proceeds of which will be used to finance the costs of the acquisition, renovation and equipping of residential rental facilities for individuals and families of low and moderate income known as Janesville Garden Court Apartments, located at 208 N. Main Street, Janesville, Wisconsin 53545, and Grant Village Apartments, located at 2119 King Street, Janesville, Wisconsin 53546 (together, the "Project "); and WHEREAS, the Project will initially be owned and operated by the Borrower; and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code "); and WHEREAS, pursuant to Section 147(0 of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of a governmental unit having jurisdiction over the entire 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 members of this City Council (the "Governing Body ") are the applicable elected representatives of the City of Janesville, Wisconsin (the "City "); and WHEREAS, the Borrower has requested that the Governing Body approve the financing of the Project and the issuance of the Bonds in order to satisfy the public approval requirement of Section 147(0 of the Code and the requirements of Section 4 of the Amended and Restated Joint Exercise of Powers Agreement Relating to the Public Finance Authority, dated as of September 28, 2010 (the "Joint Exercise Agreement ") and Section 66.0304(11)(a) of the Wisconsin Statutes; and WHEREAS, pursuant to Section 147(0 of the Code, the Governing Body or its designee has, following notice duly given in the form attached hereto as Exhibit A (the "TEFRA Notice "), held a public hearing regarding the financing of the Project and the issuance of the Bonds, and now desires to approve the financing and the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville as follows: Section 1. The above recitals are true and correct. Section 2. The form and publication of the TEFRA Notice is approved. Section 3. The Governing Body hereby approves the issuance of the Bonds by the Authority for financing the Project. It is the purpose and intent of the Governing Body that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with Section 147(0 of the Code and Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the Joint Exercise Agreement. • • Resolution No. 2014 -1149 Page 2 of 2 Section 4. The officers of the Governing Body are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 5. The approval of the issuance of the bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. THE BONDS DO NOT CONSTITUTE A DEBT OF THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF, INCLUDING THE CITY OF JANESVILLE, OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR ANY SUCH AGENCY, INCLUDING THE CITY OF JANESVILLE. ADOPTED: November 24, 2014 Motion by: Marklein Second by: Kealy APPROVED: Councilmember Aye Nay Pass Absent Bobzien X Farrell X Mark . Freitag, City Ma er Fitzgerald X Kealy X ATTEST: Liebert X Marklein X ' �7 L 7 Severson X Je Ann Wu`Tf, City Clerk -Tr surer APPROVED AS TO FORM: �� .4/' z it Attorney Wald Klimc y , y y Proposed by: Neighborhood & Community Services Department Prepared by: Jennifer Petruzzello, Neighborhood & Community Services Director {CN002391.2}