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R 3002 "-_.._-_.,,~ RESOLUTION NO. 3002 A RESOLUTION OF THE crl'Y COUNCIL OF TilE CITY OF ARROYO GR1\NDE AUTIIORIZING EXECUTION OF AN AGREEMENT REGARDING TUE USE OF MORTGAGE CREDIT CERTIFICATES IN THE CITY OF ARROYO GR1\NDE AND THE ADMINISTR1\TION OF TilE PROGRAM BY TilE HOUSING AUTHORITY OF TilE CITY OF SAN LUIS OBISPO WIIEREAS, there is a continued need for affordable home ownership opportunities within the city of Arroyo Grande and the county of San Luis Obispo, particularly for households at the lower end of the purchasing spectrum, and WHEREAS, the Tax Reform Act of 1984 established the Mortgage credit certificate Program (hereinafter referred to as the "MCC program") as a means of assisting qualified individuals with the acquisition of new and existing single-family housing' and WHEREAS, Division 31, Part 1, Chapter 3.5, Article 4 of the california Health and Safety code sections 50191 et seq (the "Act") authorizes .....8 redevelopment agency, housing authority, or other local entity, authorized by state law to issue qualified mortgage bonds..." to create and participate in MCC Programs' and ; WHEREAS, section 8869.85 of the Government Code requires a -\ local agency to file an application for a portion of the state -.1 ceiling with or upon the direction of the california Debt Limit .. Allocation committee ("CDLAC") prior to the issuance of qualified ., mortgage bonds or mortgage credit certificates, and WIIEREAS, the Housing Authority of the city of San Luis Obispo : ("Housing Authority") has heretofore determined to engage in an NCC Program pursuant to the "Act" in order to assist individual home purchasers both in the city of San Luis Obispo and throughout the county to afford both new and existing homes within the statutory limits as provided for in said Act, and WIIEREAS, a request by the Housing Authority for an NCC Program i allocation will be heard by the california Debt Limit Allocation committee (CDLAC) at its october 21, 1993, meeting, and WIIEREAS, the city requests that the NCC allocation be available to eligible first time home buyerS within the. corporate limits of the city, and I i WHEREAS, the Housing Authorl ty and city wish to cooperate with i one another pursuant to the "Act" in the exercise of their powers . i under the "Act" for the purposed of the NCC program' and i WHEREAS, the Housing Authority has the capacity to administer an NCC program. . NOW, TUEREFORE, BE IT RESOLVED BY TilE CITY COUNCIL OF TilE CITY OF ARROYO GRANDE, as follows: i 1 i i I ; i . , , I --~.._------ ~----- ..---.- --~~--- ~---- RESOLUTION NO. 3002 section 1: The cooperative Agreement ("Agreement"), dated as of september 15, 1993, between the Housing Authority and the city, in the form presented to this meeting, is hereby approved' and the city Manager is hereby authorized and directed to execute and deliver the Agreement for and in the name and on behalf of the city. The city Manager is authorized to approve any additions to or changes in the form of the Agreement deemed necessary or advisable, approval of such additions or changes to be conolusively evidenoed by the execution by the city Manager of the Agreement as so added to or changes. The city Manager is further authorized to enter into suoh additional agreements with the Housing Authority, '..-- execute such other documents, or take such other actions as they may deem neoessary or appropriate to oarry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. section 2.: This resolution shall take effect from and after its adoption. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the city Manager of the city be hereby authorized and directed to execute said agreement for and on behalf of the city of Arroyo Grande. On motion of council Member Burke , seconded by council Member Brandy , and on the following roll call vote, to wit: AYES: Council Members Burke, Brandy, Souza and Mayor Gallagher NOES: None ABSENT: Council Member Moots the foregoing Resolution was passed and adopted this 14th day of september, 1993. -r ATTES1': . I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, county of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3002 was passed and adopted at a regular meeting of said council on the 14th day of Septem~er, 1993. WITNESS my hand and the Seal of the ci ty of Arroyo Grande affixed this 16th day of September, 1993. ~ a. Ot.~ NANCY A. AVIS, CITY CLERK