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RES FA-38RESOLUTION NO. FA-38 A RESOLUTION OF THE PALM DESERT FINANCING AUTHORITY ACKNOWLEDGING FINDING OF SIGNIFICANT PUBLIC BENEFIT IN CONNECTION WITH THE SALE AND ISSUANCE OF ITS TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 2), SERIES 2002 WHEREAS, the Palm Desert Financing Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to Articles 1 through 4 (commencing with Section 6500), Chapter 5, Division 7, Title 1 of the Califomia Govemment Code (the "Act") and that certain Joint Exercise of Powers Agreement dated as of January 26, 1989, by and between the City of Palm Desert and the Palm Desert Redevelopment Agency (the "Agency"), and is authorized pursuant to Article 4 of the Act to issue bonds for the purpose of making loans to the Agency to provide financing for public capital improvements; and WHEREAS, the Authority has determined to sell and issue its Tax Allocation Refunding Revenue Bonds (Project Area No. 2), Series 2002 (the "Bonds"); and WHEREAS, proceeds of the Bonds are to be applied for the purpose of making a loan to the Agency for the object and purpose of assisting in the financing and — refinancing of certain public capital improvements of benefit to Project Area No. 4 of the Agency, including storm drainage improvements, street improvements, certain costs associated with the Desert Willow public golf course facilities and land acquisition for open space recreational facilities; and WHEREAS, the Agency has made a finding, after duly noticed public hearing pursuant to Section 6586.5 of the Government Code, that issuance of the Bonds will result in significant public benefit; NOW, THEREFORE, the Palm Desert Financing Authority DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. Recitals. The above recitals, and each of them are true and correct. Section 2. Acknowledgement of Agency Findings. The Authority hereby acknowledges and concurs with the Agency's finding of significant public benefit and hereby approves and authorizes the issuance and sale of the Bonds. Section 3. Other Acts. The officers of the Authority are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to 700049-1 1 RESOLUTION FA- vi consummate the issuance, sale and delivery of the Bonds, or otherwise to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED this 16th day of July, 2002. AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RI ? 'I S. KELLY, PRESID 'T ATTEST: RACF:ELL'. D. KLASSEN, SECRETARY