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HomeMy WebLinkAboutRES NO 44-95 RESOLUTION NO. 4 4 "9 ~ CITY OF BAKERSFIELD MORTGAGE CREDIT CERTIFICATE PROGRAM AUTHORIZATION FOR SUBMISSION OF AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE TO PERMIT THE ISSUANCE OF QUALIFIED MORTGAGE CREDIT CERTIFICATES WHEREAS, there is a continued need for affordable homeownership opportunities throughout, the City of Bakersfield, particularly for households at the lower end if the purchasing spectrum; and WHEREAS, the issuance of Mortgage Credit Certificates CMCCs") to individual home purchasers in other California jurisdictions has been shown to enhance the affordability of both new and existing homes within the statutory limits; and WHEREAS, Division 31, Part 1, Chapter 3.5, Article 2 of the Califomia Health and Safety Code Sections 50197.1 et seq. (the "Act") authorizes a local entity, authorized by state law to issue qualified mortgage bonds to establish and participate in MCC Programs; and WHEREAS, Section 8869.85 of the Government Code requires aa 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 County of Kern (the "County") and other incorporated Cities (the "Other Jurisdictions") in the County are requesting that the current MCC allocation and any subsequent allocations to the City of Bakersfield (the "City") be available to eligible first time homebuyers within their corporate limits; and WHEREAS, the City, County, and the Other Jurisdictions wish 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 County and the Other Jurisdictions pursuant to a written agreement between the City, the County, and the Other Jurisdictions: and WHEREAS, a condition of application to CDLAC is that the City agree to set aside a security deposit of up to $200,000 (1% of the initial approved issuing amount of $20,000,000) 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 City 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 $20,000,000 to be converted for authority to issue Mortgage Credit Certificates in a face amount up to $5,000,000 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 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 1% of the initial approved mortgage bond allocation issuing amount in a local interest-bearing account only to be released to CDLAC if the City is unable to issue one (1) MCC. PASSED AND ADOPTED by the City Council of the City of Bakersfield, State of California, as of MAR 0 $ ~ AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWI~S, CHOW, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~ 0 0,6 ABSENT: COUNCILMEMBER APPROVED UAR 0 $ 1~95 MAYOR of the City of Bakersfield Assistant CITY CLERK e.t~d'Ex OfficioSClerk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN City Attorney By: