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HomeMy WebLinkAbout83-160 - ResolutionsRESOLUTION NO. 83-160 A RESOLUTION AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE SUBSIDY BONDS AND FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE BOND ALLOCATION CO~4ITTEE, AUTHORIZING EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO RESOLVED, by the City Council of the City of Rancho Cucamonga, California, as follows: WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act") authorizes cities and counties to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; WHEREAS, pursuant to the Act, the City is authorized to carry out the public purposes described therein by issuing its revenue bonds to acquire home mortgages and by pledging such home mortgages as security for payment of the principal of and interest on such revenue bonds, and by entering into any agreements in connection therewith; WHEREAS, the City proposes to undertake a Home Mortgage Financing Program (the "Program") to purchase loans (the "Home Mortgages") made to finance new and existing single-family owner-occupied residential units (the "Homes") within the City and to issue Home Mortgage Revenue Bonds (the "Bonds") to finance the purchase of the Home Mortgages; WHEREAS, to obtain an allocation to issue the Bonds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City must file, pursuant to the Costa-Marks Housing Bond Allocation Act of 1981, as amended (the "Costa-Marks Act"), a notice of sale of the principal amount of the proposed Bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in addition, in order for the City to obtain such an allocation, the City must cause evidence of the deposit of an amount of money or letters of credit securing such amount, which amount shall be subject to forfeiture and application by the City to assist housing for persons of low and moderate income within the City upon the failure to sell any or only a portion of the Bonds; and WHEREAS, developers within the City desire to provide the deposit required to be made in order for the City to obtain such an allocation, such deposit to be subject to the terms and conditions described in the Program Deposit Agreement in form presented to and reviewed by the City Council with the aid of its staff; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. Application to the State Mortgage Bond Allocation Committee for an allocation for the Bonds under the Costa-Marks Act is hereby authorized and approved. 2. A Notice of sale of $126,250,000 principal amount of Bonds is hereby ordered to be filed by the City Clerk with the Mortgage Bond Allocation Committee. 3. The Program Deposit Agreements in form presented at this meeting are' hereby approved for execution and the Mayor is hereby authorized and directed to execute the Program Deposit Agreements on behalf of the City with the developers desiring to participate in the City's Program on the terms and conditions therein provided. Resolution No. 83-160 Page 2 4. At such time as the developers shall have complied with the deposit requirements of the Program Deposit Agreements, the City Clerk shall cause to be delivered to the Mortgage Bond Allocation Committee a certified copy of this resolution, together with a certificate executed by the City Manager and substantially in the form attached hereto as Exhibit A, and hereby made a part hereof, to the effect that the City has on deposit in an interest- bearing trust account or, to the extent applicable, has secured by letters of credit an amount which equals 1/2 of 1% of the principal amount of the Bonds requested for allocation. 5. The staff of the City is authorized and directed to commence implementation of a home mortgage financing program in cooperation with Fieldman, Rolapp & Associates, Financial Consultants; Jones Hall Hill & White, A Professional Law Corporation, Bond Counsel; Stone & Youngberg, Underwriters; and Empire Economics, Feasibility Consultants. PASSED, APPROVED, and ADOPTED this 7th day of September, 1983. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None ATTEST: · , City Cler~ ~ Resolution No. 83-160 Page 3 EXHIBIT A CERTIFICATION REGARDING NOTICE TO THE MORTGAGE BOND ALLOCATION COMaMITTEE The City of Rancho Cucamonga hereby certifies to the Mortgage Bond Allocation Committee pursuant to the requirements of Section 50191 of the Costa-Marks Housing Bond Allocation Act of 1981 (the "Costa-Marks Act"), as follows: 1. The City did by Resolution adopt on September 7, 1983, order the filing with the Mortgage Bond Allocation Committee of a notice of sale and request for grant to the City an allocation of mortgage subsidy bonds in the amount of $126,250,000. 2. The City has on deposit in an interest bearing trust account or has secured by appropriate letters of credit an amount equal to 1/2 of 1 percent of the dollar amount set forth in paragraph 1 hereof, which deposit is subject to the forfeiture provisions of the Costa-Marks Act. 3- The City requests the grant of an entitlement allocation or $20,000,000 and a supplemental allocation of $106,250,000. 4. The City Manager of the City of Rancho Cueamonga has been duly authorized and directed to execute and deliver this Certification pursuant to resolution of the City duly adopted on September 7, 1983- A certified copy of said resolution accompanies this Certification. CITY OF RANCHO CUCAMONGA Lauren M. Wasserman, City Manager Date: September 8, 1983