Resolution No. 95901
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY TAX-EXEMPT INDUSTRIAL
DEVELOPMENT REVENUE BONDS (VERNON B, LLC PROJECT),
SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $10,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION, CONSTRUCTION,
REHABILITATION, IMPROVING AND EQUIPPING OF A FOOD
PROCESSING AND MANUFACTURING FACILITY AND CERTAIN
OTHER MATTERS RELATING THERETO
WHEREAS, the California Municipal Finance Authority (the
"Authority") is authorized to issue and sell revenue bonds for the
purpose, among others, of financing or refinancing the acquisition,
construction, rehabilitation, improving and equipping of a food
processing and manufacturing facility; and
WHEREAS, Vernon B, LLC, a California limited liability
company, located at 3305 E. Vernon Avenue, Vernon, California (the
"Borrower") has requested that the Authority issue and sell revenue
bonds in the maximum principal amount of $10,000,000 (the "Bonds") for
the purpose of making a loan to the Borrower for the financing or
refinancing of the costs of the acquisition, construction,
rehabilitation, improving and equipping of a food processing and
manufacturing facility to be located in the City of Vernon, California
(the "City"), to be owned by the Borrower and to be operated by Real
Mex Foods, Inc. and the financing of certain costs of issuance related
thereto (the "Project"); and
WHEREAS, in order for the interest on the Bonds to be tax-
exempt, -Section 147(f) of the Internal Revenue Code of 1986, as amended
(the "Code"), requires that an "applicable elected representative" with
1
2
3
4
5
6
7
8
9.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
respect to the Authority hold a public hearing on the issuance of the
Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the City Council
of the City of Vernon (the "City Council") is an "applicable elected
representative" to hold such public hearing; and
WHEREAS, notice of such public hearing has been duly given as
required by the Code, and this City Council has heretofore held such
public hearing on April 7, 2008, at which all interested persons were
given an opportunity to be heard on all matters relative to the
financing or refinancing of the Project and the Authority's issuance of
the Bonds therefor; and
WHEREAS, on April 2, 2007, the City Council previously has
approved the issuance of the Bonds by the Authority by Resolution No.
9281; and
WHEREAS, it is in the public interest and for the public
benefit that the City Council approve the issuance of the Bonds by the
Authority for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council hereby finds and determines
that the recitals contained hereinabove are true and correct.
SECTION 2: The City Council hereby approves the issuance of
the Bonds by the Authority for the purpose of providing funds to make
a loan to the Borrower to enable the Borrower to finance or refinance
the Project. It is the purpose and intent of the City Council that
this resolution constitutes approval of the issuance of the Bonds by
the Authority for the purposes of Section 147(f) of the Code by the
applicable elected representative of the governmental unit having
- 2 -
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(jurisdiction over the area in which the Project is to be located, in
accordance with said Section 147(f).
SECTION 3: The issuance of the Bonds shall be subject to
the approval of the Authority of all financing documents relating
thereto to which the Authority is a party. The City shall have no
responsibility or liability whatsoever with respect to the Bonds.
SECTION 4: The adoption of this Resolution shall not
obligate the City or any department thereof to (i) provide any
financing to acquire or construct the Project or any refinancing of
the Project; (ii) approve any application or request for or take any
other action in connection with any planning approval, permit or other
action necessary for the acquisition, rehabilitation or operation of
the Project; (iii) make any contribution or advance any funds
whatsoever to the Authority; or (iv) take any further action with
respect to the Authority or its membership therein.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of April, 2008.
ATTEST:
M NUELA GIRON,'Ci y Clerk
Name: Leonis C. Malburg
Title: Mayor_—? -Ilayvi rlv T�
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9590, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, April 7, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIR -, ity Clerk
- 4 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 21, 2008
TO: Robert Toering, Assistant Director of Industrial Development
Sharon Duckworth, City Treasurer
FROMM Nelly Giron, City Clerk
RE: Resolution No. 9590 - A Resolution of the City Council of
the City of Vernon Approving the Issuance of the California
Municipal Finance Authority Tax -Exempt Industrial
Development Revenue Bonds (Vernon B, LLC Project), Series
2008 in an Aggregate Principal Amount Not to Exceed
$10,000,000 for the Purpose of Financing or Refinancing the
Acquisition, Construction, Rehabilitation, Improving and
Equipping of a Food Processing and Manufacturing Facility
and Certain Other Matters Relating Thereto
Transmitted herewith is a copy of Resolution No. 9590 referenced
above, which was approved by the City Council of the City of Vernon on
April 7, 2008.
Thank you.
NG:dr
c: Resolution No. 9590
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on April 7, 2008, a public hearing as required by
Section 147(f) of the Internal Revenue Code of 1986 as amended, will be held by the City Council
of the City of Vernon, California with respect to the proposed issuance by the California Municipal
Finance Authority of its revenue bonds in one or more series in an amount not to exceed
$10,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the
acquisition, construction, rehabilitation, improving and equipping of a food processing and
manufacturing facility located at 3305 E. Vernon Avenue, City of Vernon, California; and (2) pay
certain expenses incurred in connection with the issuance of the Bonds. The facilities are owned by
Vernon B, LLC and/or a related entity thereof and will be operated by Real Mex Foods, Inc. and/or
a related entity thereof.
The hearing will commence at 10 a.m., or as soon thereafter as the matter can be heard, and
will be held in the City Hall Council Chambers 1 ocated at 4 305 Santa Fe Avenue, Vernon,
California. Interested persons wishing to express their views on the issuance of the Bonds or on the
nature and location of the facilities proposed to be financed or may attend the public hearing or,
prior to the time of the hearing, submit written comments.
Additional information concerning the above matter may be obtained from and written
comments should be addressed to City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon,
California 90058.
If you challenge the approval of the proposed issuance by the California Municipal Finance
Authority of the Bonds or any provision thereof in court, you may be limited to raising only those
issues you or someone else raised at the hearing described in this notice or in written
correspondence delivered to the City of Vernon at, or prior to, the meeting.
The hearing may be continued or adjourned to a stated time and place without further
notice.
Dated: March 19, 2008._
Manuela Nron, City Clerk
AFFIDAVIT OF POSTING
I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify that on
the 19th day of March 2008, I did post three (3) copies each of the following:
NOTICE OF PUBLIC HEARING — as required by Section 147(f) of the
Internal Revenue Code of 1986 as amended, with respect to the
proposed issuance by the California Municipal Finance Authority of
its bonds in one or more series in an amount not to exceed
$10,000,000. The proceeds of the Bonds will be used to: (1)
Finance or refinance the acquisition, construction,
rehabilitation, improving and equipping of a food processing and
manufacturing facility located at 3305 E. Vernon Avenue, City,of
Vernon, California; and (2) pay certain expenses incurred in
connection with the issuance of the Bonds. The facilities are
owned by Vernon B, LLC and/or a related entity thereof and will be
operated by Real Mex Foods, Inc., and/or a related entity thereof.
On each of the following places, to wit: on the bulletin board outside the
main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe
Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there
being no newspaper of general circulation printed and published in the City
of Vernon.
Date: -31 0
anuela Gi o
City Clerk
State of California )
)ss
County of Los Angeles)
On �%/ �/ -,/ before me, " u�'-� X, t e'?f , Notary
Public, personally appeared Manuela Giron
who proved to me on the basis of satisfactory evidence to be the person(Z)
whose name(s0 is/a-pe subscribed to the within instrument and acknowledged to
me that 4re/she/t1rey executed the same in hi-s/her/t e-i-i- authorized
capacity ( ), and that by h4-s-/her/t4trr signature(/) on the instrument the
person(), or the entity upon behalf of which the person() acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
JUDITH A. LEHR
Commission # 1646385 v,
LoMl
NotaryPublic - CalMwnlaLos Angeles County
Comm• Elq*es Feb 19.2014
DECLARATION OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
JUDY LEHR
CITY OF VERNON
4305 SANTA FE AVE
VERNON CA 90058
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on
April 7, 2008, a public hearing as re-
quired by Section 147(f) of the Internal
NOTICE OF PUBLIC HEARING
Revenue Code of 1986 as amended, will
be held by the City Council of the City of
CALIFORNIA MUNICIPAL FINANCE_ AUTHORITY
Vernon, California with respect to the
proposed issuance by the California
BONDS
Municipal Finance Authority of its reve-
nue bonds in one or more series in an
amount not to exceed $10,000,000 (the
HEARING/CLOSE/SALE DATE: 04/07/08
"Bonds"). The proceeds of the Bonds
will be used to: (1) finance or refinance
the acquisition, construction, rehabilita-
tion, improving and equipping of a food
-
-processing and manufacturing facility
located at 3305 E.- Vernon Avenue, City
The
of Vernon, California; and (2) pay certain
undersigned says:
g y
expenses incurred in connection with the
issuance of the Bonds. The facilities are
I am over the age of 18 years and a citizen of the
owned by Vernon B, LLC and/or a re -
lated entity thereof and will be operated
United States. I am, not a art to and have no interest in
h y
Real Foods, Inc. and/or a related
this matter. I am a principal clerk of the METROPOLI-
entity thereof.
eo
TAN NEWS -ENTERPRISE, a newspaper Of general cir-,
The hearing will commence at 10.
a.m., or as soon thereafter as the matter
culation in the Cityof LAngeles, the Judicial District
Los g
can be heard, and will be held in the City
Of Los Angeles, the County of Los Angeles, and the State
Hall Council Chambers located at 4305
Santa Fe Avenue, Vernon, California.
of, California, as adjudicated in Los Angeles Superior
J g I�
Interested persons wishing to express
their views on the issuance of the Bonds
Court Case No. 601165. The notice, a copy of
or on the nature and location of the
printed
which appears hereon, was published on the following
facilities proposed to be financed or may
attend the public hearing or, prior to the
date(s): Mar 21, 2008
time f the hearing, submit written com-
ments.
I declare under penalty of perjury that the foregoing is
p y p J y g g
Additional information concerning
the above matter may be obtained from
true and correct. Executed at Los Angeles, California on
and written comments should be ad-
dressed to City Clerk, City of Vernon,
03/21/08.
4305 Santa Fe Avenue, Vernon, Califor-
nia 90058.
If you challenge the approval of the -
proposed issuance by the Californiao
Municipal Finance Authority of the Bonds
na SZ ture
g
or any provision thereof in court, you
may be limited to raising only those
issues you or someone else raised at the
Metropolitan News -Enterprise
hearing described in this notice or in
written correspondence delivered to the
P.O. BOX 60859
City of Vernon at, orprior to, the meet-
Los Angeles, Ca 90060
ing.
-
-
The hearing may be continued or
adjourned to a stated time and place.
Phone: (213) 346-0033
without further notice.,
Fax: (213) 687-3886
Dated: March 19,2008.
-
/s/ Manuela Giron,.City Clerk
Cust. Num.: 001349 Control Num: 793913
CN793913 Mar 21, 2008
Cust. Ref. Num.:
Page 1 of 1