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HomeMy WebLinkAboutReso 007-85 AlaCoHomeMortgage$RESOLUTION NO. 7-85 A RESOLUTION APPROVING~A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF ALAMEDA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DUBLIN A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN WHEREAS, there is a shortage in the County of Alameda (the "County") and in the City of Dublin (the "City") of decent, safe and sanitary housing, particularly of housing affordable by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes affordable by such persons and otherwise to increase the housing supply in the County and in the City for such persons; and WHEREAS, the Board of Supervisors of the County has adopted an ordinance declaring its intent to engage in a home mortgage finance program (the "Program") pursuant to Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") and to issue bonds pursuant t6 the Act to provide funds for the Program; and WHEREAS, the Council finds and determines that it is in the best interest of the City to adopt the Program and to consent to the operation of the Program by the County within the geographic boundaries of the City pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Dublin, as follows: 1. The City hereby adopts the Program for the purpose of increasing the housing supply in the County and in the City and consents to the operation of the Program by the County with respect to all property located within the geographical boundaries of the City. 2. The Cooperative Agreement between the County and thg' City (the "Agreement"), a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor and city Clerk are hereby authorized and directed to execute and deliver said Agreement, for and in the name and on behalf of the City. The Mayor, with the advice and consent of the City Attorney, is authorized to approve any additions to or changes in the form of said Agreement which they deem necessary or advisable, their approval of such additions or changes to be conclusively evidenced by execution by the Mayor of said Agreement as so added to or changed. The Mayor, with the advice and consent of the City Attorney, is further authorized to enter into such additional agreements with the County, execute such other documents or take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. PASSED, APPROVED AND ADOPTED this 28th day of January , 1985, by the following vote: Ayes: Noes: Councilmembers Hegarty, Jeffery, Moffatt Vonheeder and Mayor Snyder None Absent: None ATTEST: c±ty c14 % [SEAL] 2 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN THIS COOPERATIVE AGREEMENT (the "Agreement"), made and entered into as of , 1985.by and between the County of Alameda, a political subdivision of the State of California (the "County"), and the City of Dublin, a political subdivision of the State of California (the "City"), W I T N E S S E T H: WHEREAS, the Count/y has determined to engage in a home mortgage finance program pursuant to Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") to make or acquire, directly or indirectly, loans to finance the construction or acquisition of homes in the County, all as provided for in the Act (the "Program"); and WHEREAS, the County, pursuant to the Act, has adopted the Program by Ordinance and has determined to cooperate with the City pursuant to the Act in the exercise of its powers under the Act for purposes of the Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The terms used in this Agreement shall, for all purposes of this Agreement, unless otherwise defined herein, have the meanings assigned to such terms in the Act. SECTION 2. The County agrees to undertake the Program and to issue revenue bonds therefor pursuant to the Act. SECTION 3. The City hereby agrees to cooperate with the County in the exercise jointly or otherwise of their powers for the purpose of financing home.mortgages pursuant to the Act by agreeing that the County shall exercise such powers to make or acquire home mortgages under the Program, all as more specifically set forth in the Act, with respect to property located within the geographic boundaries of the City. SECTION 4. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Agreement. Nothing in this Agreement shall prevent the County from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by the County. SECTION 5. This Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of any bonds issued by the County pursuant to the Act in connection with the Program. SECTION 6. This Agreement shall continue in effect throughout the period during which the County is empowered to engage in home mortgage finance programs pursuant to the Act, provided however, that the City may decline to cooperate with the County under this Agreement, in connection with any such program of the County, upon notice to the County to that effect within 15 days of receipt of notice from the County of its intention to issue bonds for a home mortgage finance program. Such notice from the County shall be given to the City at least'31 days prior to the issuance of any such bonds. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, all as of the day first above written. COUNTY OF ALAMEDA By CITY OF DUB~ Mayor ATTEST: By ATTEST: APPROVED AS TO FORM: APPROVED AS TO FORM: By By City Attorney