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RES FA-42RESOLUTION NO. FA-42 A RESOLUTION OF THE PALM DESERT FINANCING AUTHORITY ACKNOWLEDGING A FINDING OF SIGNIFICANT PUBLIC BENEFIT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE AUTHORITY'S TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), SERIES 2003 AND APPROVING THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS RECITALS: 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 California Government 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 desires to issue and sell bonds to be designated as its "Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), Series 2003" (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 of certain public capital improvements of benefit to Project Area No. 1, As Amended, of the Agency, including (i) the acquisition of land for hillside open space southwest of Highway 74 in the southern portion of the City, (ii) the construction of parking structure improvements at Westfield Shopping Town, (iii) the acquisition and renovation of a City - owned swimming pool at College of the Desert, (iv) construction of a City -owned office building for use by nonprofit entities at the southwest corner of Highway 111 and El Paseo, and (v) the widening of Fred Waring Drive between Cook Street and Deep Canyon Road; and WHEREAS, the City Council has made a finding, after a duly noticed public hearing pursuant to Section 6586.5 of the California Government Code, that the issuance of the Bonds will result in significant public benefit; 729219-1 Resolution No. FA- 42 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 City Council'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 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 24th day of April , 2003, by the following vote to wit: AYES: CRITES, FERGUSON, KELLY, BENSON NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE n M. Benson, President ATTEST: RachetUe D. Kin, Secretary