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SR-203-001-02 . . / J--t. UET 1 7 1935 2t73--- PPI -.0 2- AP:HED:mh CouncIl Meet1ng: 12/17/85 Santa Mon1ca. CalIforn1a TO Mayor and CIty CouncIl FROM: CIty Staff SUBJECT: Aooroval of Various ActIons Related To The Issuance of IndustrIal Development Bonds for FIxed Base Operator FacIlItIes at the Airport Introduct1on This report requests that CIty Counc1l adopt two resolutIons relating to the CIty'S authorIty to Issue IndustrIal Development Bonds. The f1rst resolutIon would state the CIty'S Intent to lssue IndustrIal Development Bonds on behalf of fIxed base operator development at the Santa MonIca Alrport. The second resolut1on carr1es forward the CIty'S 1985 IndustrIal Development Bond allocatIon so that It may be utIlIzed 1n 1986. Background On October l. 1985 ~ the Cl ty Counc1l adopted OrdInance '/'11345 (CCS). WhICh establIshed the CIty's authorIty to Issue Industrial Development Bonds. One expres sed Intent of thi s act Ion was to preserve the option for the CIty to Issue Industr1al Development Bonds In support of the constructIon of Fixed Base Operator fac1litles at the Santa Monica AIrport. On October 22, the CounCIl authorIzed CIty staff to enter Into exclUSIve negotIations WIth Gunnell AVIat10n and Danforth/Price AVIatIon (SupermarIne Alrcraft~ Ltd. ) for two Fixed Base Operator leaseholds at the AIrport These leasehold developments are 11-(.. - 1 - DEe 1 7 I~ . . estImated to cost approxImately $5 mIllIon and $3 mIllion respectIvely. ThIS amount 15 well above the $4.8 mIllIon annual IndustrIal Development Bond allocatIon made avaIlable to the CIty by the State of CalIfornIa Two related actIons are also necessary to preserve the City's optIon to Issue IndustrIal Development Bonds from Its 1985 allocatIon In support of FIxed Base Operator development at the AIrport. The fIrst reqUIred actIon IS the adoptIon of an Inducement resolutlon~ WhICh declares the Clty'S in~ent to Issue IndustrIal Development Bonds to support the constructIon of the two FI xed Base Opera tor f aci 11 tIes. These bonds would be paid back by the two developers and would not commIt the CIty In any way to repayment of the bonds. The adoptIon of an Inducement re so 1 ut Ion would not comml t the CI ty to the 1 s sua nce of the bonds The second actIon necessary IS the carry-forward of the 1985 IDB allocatIons Into 1986 so that the actual Issuance may take place durIng calendar year 1986 Budeetarv/FIscal Imoact - - There IS no budgetary or fIscal Impact. RecommendatIon CIty staff respectfully recommends that the City CounCIl take the follOWIng actions: - 2 - . . 1) Adopt a Resolutlon. ~hlCh states the City's lntent to Issue Industrlal Development Bonds to faCIlItate two FIxed Base Operator developments at the Alrport. 2) Adopt a Resolution~ WhiCh carries forward $4.8 mllllon 1n 1985 Industrlal Development Bond allocation to 1986 for the airport proJect. Prepared By. Hank Dittmar~ Airport Director - 3 - ~ , ' . . CA:RMM:lmd120/hpw City Council Meeting 12-17-85 Santa Monica, California RESOLUTION NO. 7136(CCS) (City council Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE REVENUE BONDS FOR CERTAIN AIRPORT FACILITIES WHEREAS, on October I, 1985 the City council of the city of Santa Monica adopted Ordinance No. 1345 (City council Series) (the "Ordinance") specifying the powers and procedures for the issuance of revenue bonds to finance facilities for participating parties in the City of Santa Monica ("City"); and WHEREAS, Gunnell Aviation, Inc. ("Gunnell") has filed an application with the City for financing assistance pursuant to the Ordinance; and WHEREAS, Price/Danforth & Associates dba supermarine Aircraft, Ltd. ("Price/Danforth") has filed an application with the City for financing assistance pursuant to the Ordinance; and WHEREAS, the city Council wishes to declare its intention subject to certain conditions; of the city to provide of Santa Monica such assistance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA, DOES RESOLVE AS FOLLOWS: section 1. The City Council of the city of Santa Monica hereby declares its intention to assist in financing the acquisition and construction of two fixed base operator facilities at the Santa Monica Airport, one to be owned and operated by Gunnell ("Facility 1") and the other by Price/Danforth ("Facility 2"), each of which constitutes an airport facility within the meanlng of IRe section 103 (b) (4) , through the issuance and sale of revenue bonds in a principal amount not to exceed five million dollars ($5,000,000) for Facility 1 and three million dollars ($3,000,000) for Facility 2. Section 2. The issuance and sale of such revenue bonds shall be upon such terms and conditions as may be mutually agreed upon by the City and Gunnell and the Clty and Price/Danforth, respectively, and as shall be set forth and authorized by resolutlons of the city Council of the City of Santa Monlca as may be adopted hereafter. - 1 - . . Section 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~-'O~ ROBERT M. MYERS U City Attorney - 2 - . . Adopted and approved thIS 17th day of December, 1985. Cl~+-~ .e. ~ I Mayor I hereby certIfy that the foregoing Resolution No. 7136(CCS) was duly adopted by the CIty Council of the CIty of Santa Monica at a meeting thereof held on December 17, 1985 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, JennIngs, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councllmembers: None AbstaIn: Councilmembers: None Absent: Councilmembers: None ATTEST: 6~.J L--F L {" t.- /?; ~{~, f~ Clerk CIty ::' . . CA:RMM:lmd12l/hpw City Council Meeting 12-17-85 Santa Monica, California RESOLUTION NO. 7137(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA ELECTING TO CARRY FORWARD ITS PRIVATE ACTIVITY BOND LIMITATION HHEREAS, the City of Santa Monica, California (the "City") has $4,841,000 of unused private activity bond allocation for the 1985 calendar year (the "1985 Allocation"); and WHEREAS, that certain executive proclamation signed by Governor George Deukmej ian on July 19, 1984, and amended on August 30, 1985, permits any governmental unit with such an allocation to treat all or any portions of said allocation as a carry forward pursuant to Section 103 Cn) (10) of the Internal Revenue Code of 1954, as amended (the "Code"); and WHEREAS, Section 103(n) (10) of the Code 1.103(n)-4T of the Income Tax Regulations adopted 103(n) of the Code prescribe the manner and election; and and Section under section form of said WHEREAS, the California Debt Limit Allocation Committee (the "Committee") has requested that it be notified of any such election; and WHEREAS, the city Council of the City of Santa Monica has heretofore adopted Resolution No. 7136 (CCS) declaring its intention to assist in financing through the issuance of its revenue bonds two airport fixed base operator facilities to be 1 oca ted at the City's Airport, one to be owned and operated by Gunnell Aviation, Inc. ("Gunnell") and one to be owned and operated by Price/Danforth & Associates, dba Supermarine Aircraft, Ltd., ("Price/Danforth") which facilities are intended to qualify as exempt airport facilities within the meaning of Section 103(b) (4) of the Code (collectively the "projects"): and h~EREAS, the city council of the City of Santa Monica has determined to make such an election with respect to the 1985 Allocation for the Projects. - 1 - . NOW, THEREFORE, THE CITY COUNCIL MONICA DOES RESOLVE, AS FOLLOWS: . OF THE CITY OF SANTA Section 1. The City Council of the City of Santa Monica hereby elects, in accordance with section 103(n) of the Code and section 1.10J(n)-4T of the Income Tax Regulations adopted under section 103(n) of the Code to carry forward the 1985 Allocation with respect to the Projects and authorizes and directs the City Manager of the city to sign and file said election. section 2. The City Council of the City of Santa Monica hereby further authorizes and directs the City Manager to notlfy the Committee of said election, in writing, no later than 15 days after the date of adoption of this resolution. Section 3. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ \.-.. ~ ROBERT M. MYERS U city Attorney - 2 - . . Adooted and approved thIS 17th day of December, 1985. t k~~ fcA~(, Mayor I hereby certify that the foregoIng ResolutIon No. 7137(CCS) was duly adopted by the CIty Council of the City of Santa Monica CouncIl vote: at a meet I ng ther eo f held on December 17, 1985 by the following Ayes: Councllmembers: Noes: Councllmembers: Abstain: Councllmembers: Absent: Councilmembers: Conn, Eostein, Jennings, A. Katz, H. Katz, Zane and Mayor Reed None None None ATTEST: /7 fA, (J.-.:. o..A''l 17 7~ L-?i Jc,( CIty Clerk r: :c ...... :::> -...) ...... ;'l :J) ~, '-' u c: ":! ~ - - ..... ;:l :;:) 1) > .... 1> ...I :.J oJ ~ ~ = >-. ~ - J I-.l ...J ... .... ...> '1j - ::: l) ..., f; ::.l .... -' :::- ::> ::.l ..J :.-.. ... o f >. o ,.... .... o I-.l w <::: >-. w -l -J ..L.-; o ro w H Q) .0 o c::::: . BEFORE DISTRIBUTION CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION # 713(; Council Meetlng Date /3//7_/:/5 Agenda Item # /1- C- Was It amended? /Vo 7-0 . FOR CITY C~ERKfS ACTION ORDINANCE # Introduced: Adopted: AilIiJAYS PUBLISH AOOPIJ:ill ORDINANCES * *Cross out Attorney I s approval VOTE. AffirmatIve: Negative: Abstain' Absent. PROOF votE~ hITH ANOTHER PERSO~ BEFORE A~~THING DISTRIEuTI0~- ORIGINAL ~o be signed, sealed and filed in Vault. ~EWSPAPER PUBLICATION (Date: ) ) Department orIgInating staff report ( Management Ser~2~e~ Lynne Barrette -vrdinances only ~ Agency mentIoned In document or staff report SubJect fIle (agenda packet) Counter fIle Others; AIrport ! ParkIng Auth. AudItorum Personnel BUIlding Dept. Planning EnVIron. Servo PolIce (en- forcement?) FInance FIre Purchasing Recr/Parks General Servo LIbrary Transportation Treasurer ;.1anager SEND FOUR COPIES OF ALL ORDINANCES TO: CODFD SYSTEMS, Attn Peter MacleaYle 120 \!aIn --"'tr"'et m AV0~1 S~w Jersey_07717 SEND FOUR COPIES OF AU. ORT1TNANrF5 TO: PRESIDING JUDGE SANTA MONICA MUNICIPAL COURT ;725 MAIN STREET SANTA MON!CA, CA 90401 (certifIed?) 1 1 . *Check Code Sectl0ns before sendmg. TOTAL COPIES 3 r; ;Q "- ~ - "-J "- . BEFO~E DISTRIBUTION CHECK CONTENT OF ALL DIS'iRIBUTION ('~ RE~O~PTION # 7/57 J'U'"'- - _" MeecuJg Date / d-h7/J'~ Agenaa Item # ~/- ~ Was It amended? ~o 7-0 e FOR CITY C~ERK'S ACTION ORDINANCE It Introduced: Adopted: AIJ.VA,YS PUBLISH AOOP'l:t;lJ ORDINANCES * *Cross out Attorney's approval if' (J,.i u c:: ,~ c:: ~ .... ..... ... VOTE: AffirmatIve: :-.Jegative: Abstain' Absent: 4 PROOF VOTE~ WITH ANOTHER PER SOy BEFORE AJ\1YTHING DISTRIBUTION' 0RIGI~AL ~o be signed, sealed and ::l ::J > ., :l) J J) ...J .... >-. :J - ~ oJ ~ ~ -' - ~ ~ -' ::J oJ ;- ~ .... ..J - ::J ..... '- ...., ~ ~ J; ^ ::J - - l-< o ~ ~ <::: >.. .j.J .-t ....; ~ o ('Ij ~ ~ (',) -D o :::::: flIed in Vault. NEWSPAPER PUBLICATION (Date: ) ) Department orIgInatIng staff report ( Management Sery.~~e~ Lynne Barrette -urdinances only ~ "" Agency mentioned In document or staff report (certified?) Subject fIle (agenda packet) 1 Others' Counter file 1 Building Dept, PlannIng EnvIl'on. Servo Police (en- forcement?) FInance PurchasIng . FIre Recr/Parks General Servo TransportatIon LIbrary Treasurer Manager AIrport Parking Auth. Audltorum Personnel SE'JD FOUR. COPIES OF ALL ORDINANCES TO: CODED SYSTEMS, Attn Peter Maclearie 120 i'.!ain S'~ roet AV0~. ~ew Jersey_07717 . .. .. SEND FOUR COPIES OF AT,TL ORDTNANr'?S TO: PRESIDING JUDGE SA~TA ~ONICA MUNICIPAL COURT 1725 MAIN STREET Sil,)HA ;vtoNICA, CA 90401 *Check Code Sections before sendlllg. TOTAL COPIES