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HomeMy WebLinkAboutResolution No. 4212 RESOLUTION NO. 4212 THE RESOLUTION AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE REVENUE BONDS, CONFIRMING FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO RESOLVED by the City Council of the City of Downey, California, as follows: WHEREAS, Chapters 1 to 5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act ") authorizes the cities and counties to issue revenue bonds for the purpose of financing Home Mortgages authorized by the Act and the Act provides complete, additional, and alternative methods 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 principle and interest on such revenue bonds, and by entering into any agreement 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 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 1 981 as amended (the "Costa -Marks Act ") a notice of sale of the bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in order for the City of Downey to obtain an allocation from the State, the City must also cause evidence of the deposit of an amount of money or, in lieu thereof, of a letter of credit, securing such amounts; and WHEREAS, Downey Savings and Loan must provide the deposit required to be made in order for the City to obtain an allocation, such deposit to be subject to the terms and conditions described in the Program Deposit Agreement in form to be 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) A notice of sale of $ 9,000,000 principle amount of the bonds with the Mortgage Bond Allocation Committee, is hereby approved and directed. 2) A form of Program Deposit Agreement shall be presented to the Council for execution and the City Manager is hereby authorized and directed to execute Program Deposit Agreements on behalf of the City with developers desiring to participate in the City's program on the terms and conditions therein to be provided. 3) At such a time as the developers have complied with the deposit requirements of the respective Program Deposit Agreements, the City Clerk shall cause to be delivered to 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 and /or has on deposit a letter of credit in an amount which equals one -half of one percent of the principle amount of the bonds requested for allocation. RESOLUTION NO. 4212 (continued) 4) The City of Downey hereby directs the Community Development Commission of the City of Downey to implement the proposed program when the allocation is made by the Mortgage Bond Allocation Committee. APPROVED AND ADOPTED this 12th day of April, 1983. ATTEST: James T. Quinn , ' 'Mayor A*; J L City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 12th day of April, 1983, by the following vote, to wit: AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn NOES: 0 Council Members: None ABSENT: 0 Council Members: None / City Clerk i - 2a- RESOLUTION NO. 4212 (continued) 4) The City of Downey hereby directs the Community Development Commission of the City of Downey to implement the proposed program when the allocation is made by the Mortgage Bond Allocation Committee. APPROVED AND ADOPTED this 30th day of March , 1983. . _A, 'OBERT G. MACK, MAYOR PRO TEM ATTEST: wlhAL •ok, Deputy City Clerk p Y y I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held the 30th day of March , 1983, by the following vote, to wit: AYES: 2 Council Members: JACKMAN, CORMACK NOES: 1 Council Members: DAVILA ABSENT: 2 Council Members: BARB, QUINN (1:110 0.v..Y. -i_ Jea k •.k, Deputy City Clerk SEE PAGE 2a 2 - EXHIBIT A NOTICE AND CERTIFICATION TO THE MORTGAGE BOND ALLOCATION COMMITTEE The City of Downey hereby certifies to the Mortgage Bond Allocation Committee pursuant to the requirements of Section 50191 of Costa -Marks Housing Bond Allocation Act of 1981 (the "Costa -Marks Act ") as follows: 1) Notice is hereby given that the City of Downey intends to authorize, sell, and deliver $9,000,000 principle amount of Home Mortgage Revenue Bonds pursuant to Chapter 1 to 5 of Part 5 of Division 31 of the Health and Safety Code of the State of California and hereby requests the grant of an allocation of such amount, the request being for a supplemental allocation only. 2) The City has on deposit in an interest - bearing trust account an amount equal to one -half of one percent of the dollar amount set forth in Paragraph 1 hereof, which deposit is subject to the forfeiture provisions of the Costa -Marks Act or, in lieu thereof, has on deposit a letter of credit securing such amount. 3) The undersigned Acting City Manager of the City of Downey has been duly authorized and directed to execute and deliver this certification pursuant to resolution of the City duly adopted on March 30, 1983. A certified copy of said resolution accompanies this certification. Acting City ' nager City of Downey Dated: 3 -2;o 1 ��