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HomeMy WebLinkAboutASU JAGUAR STUDENT HOUSING I LLC PROJECT FACILITIES REVENUE BONDS SERIES 2004 .. . APPROV AL BY THE MAYOR OF AUGUSTA, GEORGIA OF DEVELOPMENT AUTHORITY OF RICHMOND COUNTY STUDENT HOUSING FACILITIES REVENUE BONDS (ASU JAGUAR STUDENT HOUSING I, LLC PROJECT), SERIES 2004 WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended, and under Treasury Regulation Section 5f.103-2(e), the consolidated government of Augusta, Georgia (the "Consolidated Government") must approve the revenue bonds to be designated "Development Authority of Richmond County Student Housing Facilities Revenue Bonds (ASU Jaguar Student Housing I, LLC Project), Series 2004" (the "Bonds") because it is the governmental unit on behalf of which the Bonds are to be issued by the Development Authority of Richmond County (the "Issuer") and because it is the governmental unit having jurisdiction over the area in which the facilities are to be located with respect to which financing is to be provided from the proceeds of the Bonds; and WHEREAS, under Treasury Regulation Section 5f.103-2(d), the Consolidated Government will approve the Bonds only if its applicable elected representative approves the Bonds following a public hearing held in a location which, under the facts and circumstances, is convenient for residents of the Consolidated Government and for which there was reasonable public notice; and WHEREAS, the Mayor of the Consolidated Government is the applicable elected representative of the Consolidated Government, within the meaning of Treasury Regulation Section 5f.103-2(e), because he is the Consolidated Government's chief elected executive officer popularly elected at-large by the voters of the Consolidated Government; and ., WHEREAS, on June 29, 2004, at 10:30 a.m., in the Meeting Room of the Metro Augusta Chamber of Commerce Building at 600 Broad Street Plaza in Augusta, Georgia, the Issuer, through its designated public hearing officer, conducted a public hearing on the Bonds and the location and nature of the facilities to be financed with the proceeds of the Bonds, notice "'; of which was published in The Augusta Chronicle on June 14,2004; NOW, THEREFORE, THE MAYOR OF AUGUSTA, GEORGIA ACTS AS FOLLOWS: 1. The Mayor of the Consolidated Government hereby approves the Bonds: (a) the proceeds of which will finance the costs of acquiring, constructing, and equipping a new approximately 500-bed student housing complex to be known as "University Village" and to be located southwest of the intersection of Wrightsboro Road and Damascus Road, at the end of Hire Street approximately 550 feet south of the intersection of Hire Street and Wrightsboro Road, in Augusta, Georgia, (b) the maximum aggregate face amount of which will be $25,000,000, and 1759095.1 ~ 4- ~ YOR OF AUGUST P ~ (c) the initial owner of which will be ASU Jaguar Student Housing I, LlC, a Georgia -limited liability company whose sole member is Augusta ~ate University Foundation, Inc., a Georgia nonprofit corporation, and the inial tenant of which will be the Board of Regents of the University System f I Georgia. 1 2. This approval is solely for the purpose of complying with, and is to be construed ill accordance with, the provisions of Section l47(f) of the Internal Revenue Code of 1986, as amended, and shall not result in or impose any pecuniary liability upon or constitute a lien upon the property of or a claim against the Consolidated Government, the State of Georgia, or any political subdivision thereof. APPROVED this ,;; ~ day of July 2004. -2- APPROVAL BY THE MAYOR OF AUGUSTA, GEORGIA OF DEVELOPMENT AUTHORITY OF RICHMOND COUNTY STUDENT HOUSING FACILITIES REVENUE BONDS (ASU JAGUAR STUDENT HOUSING I, LLC PROJECT), SERIES 2004 WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended, and under Treasury Regulation Section 5f.103-2(e), the consolidated government of Augusta, Georgia (the "Consolidated Government") must approve the revenue bonds to be designated "Development Authority of Richmond County Student Housing Facilities Revenue Bonds (ASU Jaguar Student Housing I, LLC Project), Series 2004" (the "Bonds") because it is the governmental unit on behalf of which the Bonds are to be issued by the Development Authority of Richmond County (the "Issuer") and because it is the governmental unit having jurisdiction over the area in which the facilities are to be located with respect to which financing is to be provided from the proceeds of the Bonds; and WHEREAS, under Treasury Regulation Section 5f.103-2(d), the Consolidated Government will approve the Bonds only if its applicable elected representative approves the Bonds following a public hearing held in a location which, under the facts and circumstances, is convenient for residents of the Consolidated Government and for which there was reasonable public notice; and WHEREAS, the Mayor of the Consolidated Government is the applicable elected representative of the Consolidated Government, within the meaning of Treasury Regulation Section 5f.1 03-2(e), because he is the Consolidated Government's chief elected executive officer popularly elected at-large by the voters of the Consolidated Government; and WHEREAS, on June 29, 2004, at 10:30 a.m., in the Meeting Room of the Metro Augusta Chamber of Commerce Building at 600 Broad Street Plaza in Augusta, Georgia, the Issuer, through its designated public hearing officer, conducted a public hearing on the Bonds and the location and nature of the facilities to be financed with the proceeds of the Bonds, notice of which was published in The Augusta Chronicle on June 14,2004; NOW, THEREFORE, THE MAYOR OF AUGUSTA, GEORGIA ACTS AS FOLLOWS: 1. The Mayor of the Consolidated Government hereby approves the Bonds: (a) the proceeds of which will finance the costs of acquiring, constructing, and equipping a new approximately 500-bed student housing complex to be known as "University Village" and to be located southwest of the intersection of Wrightsboro Road and Damascus Road, at the end of Hire Street approximately 550 feet south of the intersection of Hire Street and Wrightsboro Road, in Augusta, Georgia, (b) the maximum aggregate face amount of which will be $25,000,000, and 1759095.1 (c) the initial owner of which will be ASU Jaguar Student Housing I, LLC, a Georgia limited liability company whose sole member is Augusta State University Foundation, Inc., a Georgia nonprofit corporation, and the initial tenant of which will be the Board of Regents of the University System of Georgia. 2. This approval is solely for the purpose of complying with, and is to be construed in accordance with, the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, and shall not result in or impose any pecuniary liability upon or constitute a lien upon the property of or a claim against the Consolidated Government, the State of Georgia, or any political subdivision there~ ~ APPROVED thisCzte day of July 2004. ~~ ~LZIoMAYOROFAUGUST ,GE-R ~ -2- Certificate of The Development Authority of Richmond County Regarding a Public Hearing I, the undersigned Hearing Officer of the Development Authority of Richmond County (the "Issuer") DO HEREBY CERTIFY, as follows: (I) A Public Hearing was held pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, and under Treasury Regulations, Section 5f.l02-2(d), on June 29, 2004 at 10:30 o'clock, A.M., at the Augusta Metro Chamber of Comme~ce Building, 600 Broad Street Plaza, in Augusta, Georgia, pursuant to proper notice given in accordance with law as to the time and place of this Hearing prior to such Hearing. The Hearing was open to the public. The time of the Hearing and the room in which the Hearing was held provided a reasonable opportunity for persons of differing views to appear and be heard. At such Hearing, Laurie Davis, Assistant Secretary to the Issuer, and a duly authorized Hearing Officer of the Issuer was present and acting on behalf of the Issuer. (2) I announced the commencement of a Public Hearing on behalf of Augusta, Georgia (The Consolidated Government of Augusta- Richmond County), on the Application of ASU JAGUAR STUDENT HOUSING I, LLC (the "Borrower"). The Chairman of the Issuer has caused the publication of a notice of the Hearing at least fourteen (14) days prior to the Hearing in the Augusta Chronicle, a newspaper having general circulation in Richmond County, Georgia, (the "Notice"). A copy of the Notice has been filed and appears of record in the Minute Book of the Issuer and is attached hereto together with the affidavit of publication as Exhibit "A" . (3) The following person presented a written statement to the Issuer on behalf of the Borrower: None. (4) The following person(s) also appeared and asked to be heard or present written comments with respect to the granting by the Issuer of the financial assistance requested by the Borrower and the financing referred to in the Notice: None. No one else having appeared to speak on the matter, I declared the Public hearing closed at i C)'.'-\~ o'clock A.M. This 29th day of June, 2004. /~0 /-- Y ~ Hearing Officer Laurie Davis '--- I HEREBY CERTIFY that the signature of the Hearing Officer of the Issuer above subscribed is true and genuine and that the foregoing has been certified to me by said Hearing Officer as a true and complete description of the Public Hearing of the Issuer held on June 29,2004. ~~~C;:;'=el for Development Authority of Richmond County Exhibit Attached: "A" - Copy of Notice together with Affidavit of Publication "B" - None . . & AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY UflZ8 DV€J BUSINESS STATE OF GEORGIA COUNTY OF RICHMOND . I lY1dOJ\.j c \fJ1.t1dcU. Personally appeared before me, Demetria E:dge, to me known, who being sworn, deposes and says: That He/She Is the authorized agent of Southeast~rn Newspapers Corporation, a Georgia Corporation, doing business in said county under the trade name The Augusta Chronicle, a newspaper published in said county; That He/She Is authorized to make affidavits 01 publication on behalf of said publisher corporation, The Augusta Chronicle. That said newspaper Is of general circulation in said county and In the area adjacent thereto; , That He/She has reviewed the regular edition$ of said newspapers published on Il 1..00 I a d nd that the folio n adver isemenl appeared in each of said editions; to-wit: I Swo to and subscribed belore me I this ~ day of JUre.. ?0I'1-l MY COMMIS~EXPIR~,)~.1'" 2006 Notary Public /\ ~--...{,_: County, Ge?!gia " , "'1 I ~ HOTlceOF PtlIILIC HEARING ON PRO. ~se:o '$.SUAHCE 0fI' DEVELOPMENT AUr::,c:.~TY c.... STU G PACILI HUI! . CASU JAGUAR STV. . DENT HOUSING I. UC ~ROJECTJ. SIRI!!S 2004 "~HC~=~,"'."T MAY You Altl!'HIRI!I!IV HOTI~II!O '''at on ,,,. 2ft" do,. of J.... 20tW at 1I:1I ...... at 'N ."'ut .. .". 0........"'.". ,Aultto",,. of Richmond Counlyat th. Mof,o .A....'u.. Chamber 0' ; Comrnwc. eulldtnt elf.., : II'OOd str..t PIU. '" ~~.':::.~:"'~-'::'::i":': Rlc"mo"d Co"n.,.. . ""01.1',. It, o"Hllt'od f hera",.. offk:er. will con-. I duct 0 ItUbIIC ....,.'... on tM Pf'000Md l.fUOttco of ,."..,.. band. to be dbo f.n.'od -D..olo,uno,,' AU'''fWltYof Richmond C...., Student HCMtIltte .Faclllt... R..,.". Bonds CASU Jaoua, StUd.", Hout'''' f. LLC Pro'Kt). S...,.. !OO,f- OM Oft the IocotIOft end notuN of tM prGOOMd 'ctellltl.. to be nftOftCed. TM bonds are '0 De 'Uu.cr 'n 0 mox'. :.::..r:r;;l::"~'::~: ""o"eo 'h. co." 'of oe~ujrl.... eonslrve"",. t O"d '..'..1,,_ . ..ew : 0"""0.1"'010'''' 511 bed . ttvdMll ....,ne COMtJfe. to .. Itnown .. "U"'vw. sit., Villa.... emd 10 be . tocatftl soulftwn. of 'M IftIIH'MCIIOft of Wrl."'s_ "or. Road ond Dam_ ' oteut Road. at.... end of . HI'. Sir... a..ro.I" motel., 551 ,", IOU'" of I.... h''',sec.lM Of Hfre .. S',,,, a"d Wrlahtsboro , Road. In Aueusto. Geor. .. eto. TN facilities that ON . be'''. nnane.d will b. own.d by ASU Jo,var . Student HouIlne I. LLC." . ::::~..'~m~'::~~I~:: ; IftlImber ,. """""to State U.......sU., floUftda"M. Inc... a Georlla nclftlN'Ol'l. COf'DOf'otlon. and wm '- '."'.d .. 'he 1I0ard ., R...".. 0' tit. Uftlv.,. lit" hl'.m of GMr"a . 'or tho u.. It., AUlusta St.t. Unlvwllh' .1 Itv- dent howlfte. TIle Davwl. =="~iuEt.=! : of 'he eonSOlldat" I.V. .,.."'.... .f AUlul'a. 0001"110. and tM 'oelll. :.:::J:::n::~: 1M torrl,o,lolllmlt. 0' 'he eOM.lldafM ......".. m...' of Au,uI'.. Goar. r.'~~,,::,b~=~ DOH of Provldlne G r... aortobl. o.ttertvnlt... far I"torastocf h.dlvldual. to '1lIlt'ftSthalrv~....botIt oroll., and 'ft wrlth'l. on tho ......... luttoftc. of 'M bonds and 11M loeD- f10n and no'ur, of lit, ,",000Hd fllCllflJat Ie.,. _. THE 1I0NOS SHALL NOT CONSTI1UTI! AN 'NDEaTEONeSS OR GeNERAL OILIOA. TION Ofl THI! STATE 0... OEORGIA Ollt THe CONSOLlOATID QOV. eRNMINT OF ...UGUST.... GIORGIA IUT SH"'LL II! PAY. . AILI BY THI oeVEL. O~MI!NT AUTHORITY 0" RICHMOND' COUNTY PilON! 'UNDS I ~A'D IV ASU JAQUAR STUOINT HOUSING I. LLC AND SHALL eE seCUIlEO BV COLLAT. I!R"'L FURNISHeD OR CAuseD TO II! "'UR. NISHEO BV ...tu J"'Q- UAR STUO!NT HOUS- EXHIBIT "A" ~~V,;}EOPM.NT oj, AUTHORITY OP . \ P :~'t~g~~~~~ AI ITS CHAUlMAN :::.'~ . .:'.', '. "'-, APPROV AL BY THE MAYOR OF AUGUSTA, GEORGIA OF DEVELOPMENT AUTHORITY OF RICHMOND COUNTY STUDENT HOUSING FACILITIES REVENUE BONDS (ASU JAGUAR STUDENT HOUSING I, LLC PROJECT), SERIES 2004 WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended, and under Treasury Regulation Section 5f.103-2(e), the consolidated government of Augusta, Georgia (the "Consolidated Government") must approve the revenue bonds to be designated "Development Authority of Richmond County Student Housing Facilities Revenue Bonds (ASU Jaguar Student Housing I, LLC Project), Series 2004" (the "Bonds") because it is the governmental unit on behalf of which the Bonds are to be issued by the Development Authority of Richmond County (the "Issuer") and because it is the governmental unit having jurisdiction over the area in which the facilities are to be located with respect to which financing is to be provided from the proceeds of the Bonds; and WHEREAS, under Treasury Regulation Section 5f.103-2(d), the Consolidated Government will approve the Bonds only if its applicable elected representative approves the Bonds following a public hearing held in a location which, under the facts and circumstances, is convenient for residents of the Consolidated Government and for which there was reasonable public notice; and WHEREAS, the Mayor of the Consolidated Government is the applicable elected representative of the Consolidated Government, within the meaning of Treasury Regulation Section 5f.103-2(e), because he is the Consolidated Government's chief elected executive officer popularly elected at-large by the voters ofthe Consolidated Government; and WHEREAS, on June 29, 2004, at 10:30 a.m., in the Meeting Room of the Metro Augusta Chamber of Commerce Building at 600 Broad Street Plaza in Augusta, Georgia, the Issuer, through its designated public hearing officer, conducted a public hearing on the Bonds and the location and nature of the facilities to be financed with the proceeds of the Bonds, notice of which was published in The Augusta Chronicle on June 14,2004; NOW, THEREFORE, THE MAYOR OF AUGUSTA, GEORGIA ACTS AS FOLLOWS: 1. The Mayor of the Consolidated Government hereby approves the Bonds: (a) the proceeds of which will finance the costs of acquiring, constructing, and equipping a new approximately 500-bed student housing complex to be known as "University Village" and to be located southwest of the intersection of Wrightsboro Road and Damascus Road, at the end of Hire Street approximately 550 feet south of the intersection of Hire Street and Wrightsboro Road, in Augusta, Georgia, (b) the maximum aggregate face amount of which will be $25,000,000, and 1759095.1 (c) the initial owner of which will be ASU Jaguar Student Housing I, LLC, a Georgia limited liability company whose sole member is Augusta State University Foundation, Inc., a Georgia nonprofit corporation, and the initial tenant of which will be the Board of Regents of the University System of Georgia. 2. This approval is solely for the purpose of complying with, and is to be construed in accordance with, the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, and shall not result in or impose any pecuniary liability upon or constitute a lien upon the property of or a claim against the Consolidated Government, the State of Georgia, or any political subdivision thereof. ~ APPROVED this~ day of July 2004. ~~ MAYOR~~~~ -2-