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HomeMy WebLinkAboutRES NO 53-96RESOLUTION NO. - A RESOLUTION AUTHORIZING APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE TO PERMIT THE CONTINUED ISSUANCE OF QUALIFIED MORTGAGE CREDIT CERTIFICATES WHEREAS, there is a continued need for affordable home ownership opportunities throughout Kern County, particularly for households at the lower end of the purchasing spectrum; and WHEREAS, the issuance of Mortgage Credit Certificates (MCCs) to individual home purchasers in the City of Bakersfield (the "City") and in other cities in Kern County (the "Cities") has been shown to enhance the affordability of both new and existing homes within the statutory limits; and WHEREAS, California Health and Safety Code Section 50197.1 et seq. (the "Act") authorizes a local entity to issue qualified mortgage bonds to establish 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 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 WHEREAS, the cities of California City, Delano, Maricopa, McFarland, Ridgecrest, Shaffer, Taft, Tehachapi and Wasco (the "Cities") have requested that all of the City of Bakersfield's MCC allocations be available to eligible first-time homebuyers within their respective corporate limits; and WHEREAS, the City and the Cities wish to continue to cooperate with one another for the purposes of the MCC Program; and WHEREAS, pursuant to Section 50197.5 of the California Health and Safety Code, the City is authorized to operate an MCC Program within the jurisdiction of the Cities pursuant to a written agreement between the City of Bakersfield and the Cities; and WHEREAS, a condition of application to CDLAC is that the City agree to set aside a security deposit of up to one percent (1%) of the initial approved issuing amount of $3,954,000.00 in a local interest-bearing account, only to be released to CDLAC if the City is unable to issue one (1) MCC; and WHEREAS, the City has the capacity to administer an MCC Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield, that the City Manager is hereby authorized to make immediate application to the California Debt Limit Allocation Committee ("CDLAC") in the name of the City of Bakersfield for a mortgage bond allocation in an amount up to $3,954,000.00 to be converted for authority to issue Mortgage Credit Certificates in a face amount up to $988,500.00 (based upon the 4:1 conversion value of bond allocation to MCC allocation as established in Section 25(d)(2)(A) of the Internal Revenue Code; and BE IT FURTHER RESOLVED that a non-refundable application fee of $300.00 be forwarded to CDLAC. The balance of the application fee (.00025 times the amount of the Mortgage Bond allocation less the $300 deposit) will be forwarded to CDLAC after an authorization is approved; and BE IT FURTHER RESOLVED that the City will set aside a security deposit of up to one percent (1%) of the initial approved issuing amount of $3,954,000.00 in a local interest-bearing account, only to be released to CDLAC if the City is unable to issue one (1) MCC; and BE IT FURTHER RESOLVED that 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 MCC Program. .......... 000 .......... -2- 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 U~Y ~ II 1~6 , by the following vote: AYEE,: COUNCILUEMBBt DeM0~ID, CARSON, ~MfRJ, Mc~31MOTT, ROWLES, SULLIVAN, SN.VAI~GIO ABSTAIN: COUI,K~ER ,~,/6 ~, ~ CITY CLERK and EX OFFIC!O..~' the Council of the City of Bakersfielr:l APPROVED 1996 / BOB MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney , ~" JANICE SCANLAN Deputy City Attorney City of Bakersfield JAN/meg S/RES/MCC.RES --April 30, 1996 -3-