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HomeMy WebLinkAboutRES NO 122-97RESOLUTION NO. 1 2:2 - 9 ? A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT TO PARTICIPATE AS AN ASSOCIATE MEMBER OF THE CALIFORNIA RURAL HOME MORTGAGE FINANCE AUTHORITY IN THE SECOND MORTGAGE PROGRAM. WHEREAS, the City of Bakersfield (the "City') desires to participate, as an Associate Member with other counties, cities and local agencies, pursuant to the laws of the State of California, in the Califomia Rural Home Mortgage Finance Authority's (the "Authority") Second Mortgage Program (the "SMP"); and WHEREAS, there has been presented to this meeting a form of the Joint Exercise of Powers Agreement (the "Agreemenf'), which Agreement as amended March 1, 1995, creates and establishes the authority; and which sets terms and conditions for associate Membership in the Authority and Bylaw Number 1 of the Agreement sets terms and conditions for Associate Membership to participate in the SMP; and WHEREAS, the City may issue Bonds (as defined in the Marks-Roos Local Bond Pooling act of 1995, being Article 4 of Chapter 5 of Division 7 of Titles 1 commending at Section 6584 of the Government Code (the "Act"), expend bond proceeds, borrow and loan money for its corporate purposes under various provisions of law, and acquire, sell, develop, lease or administer property pursuant to various provisions of law for the benefit of the land and inhabitants of the City; and WHEREAS, the purpose of the Authority is to assist the City and the other members of the Authority in providing for the financing, acquisition, construction and rehabilitation of homes for the benefit of the inhabitants of the city and the other Members, including but not limited to issuing bonds to encourage home ownership within the City and the boundaries of the members of the Authority. NOW THEREFORE BE IT RESOLVED by the City Council (Council) of the City of Bakersfield as follows: Section 1. The Council hereby finds and declares that entering in the Agreement satisfies various public purposes, including, without limitation, encouraging home ownership within the City. With respect to the financing of the construction, acquisitions, and rehabilitation of homes, the Council declares that this resolution is being adopted pursuant to Section 52000 of the Health and Safety Code of the State of California. Section 2. The Council finds and declares that the City desires to participate in the Authority's SMP and applies for Associate membership in the Authority for that purpose only. Section 3. The form of the Agreement, as submitted to the City and incorporated into this Resolution by reference, is hereby approved. The Mayor is hereby authorized to execute and deliver the Agreement in substantially said form, with such changes or additions thereto that herea~er may become necessary in the interests of the City and the other members of the Page 1 of 2 pages ORiGfNAL Section 4. Authority and which are reviewed and approved by the City Attomey any such changes or additions to be conclusively evidenced by the execution and delivery of the Agreement. The Council acknowledges that Associate Membership in the Authority is subject to the terms and conditions of Associate Membership as set forth in the Agreement and in By-law #1, dated March 29, 1996 and by this Resolution agrees to and accepts those terms and conditions, generally, and specifically, those provisions relating to participating in the SMP. Section 5. The City Manager is hereby authorized to approve any additions to or changes in the form of the cooperative agreements deemed necessary or advisable and is authorized to enter into such additional agreements with the Cities, execute such other documents, or take such other actions as are deemed necessary or appropriate to carry out the purpose and intent of the SMP. Section 5. This Resolution shall take effect from and after its adoption. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 0 S ~3§? , by the following vote: AYES: ~owle% NOES: ~ ABSTAIN: ABSENT: APPROVED AUG 0 6 ~ CITY CLERK and EX OF/F/ICIO of the Council of the City Of Bakersfield BOB PRICE MAYOR of the City of Bakersfield dlt :P:~AGREEM EN\MCC.RES APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY Page 2 of 2 pages ORIGINAL