HomeMy WebLinkAbout1979-396
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1 RESOLUTION NO. ~9 396
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF RESIDENTIAL
MORTGAGE REVENUE BONDS, FOR THE PURPOSE OF ACQUIRING MORTGAGES
ORIGINATED WITH RESPECT TO THE HEREIN DESCRIBED PROJECTS.
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WHEREAS, this City has heretofore formulated a proposal
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6 ~i to issue bonds to acquire mortgages originated with respect
to the hereinafter described projects; and
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WHEREAS, it is in the public interest, for the public
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Il~,benfit and furtherance of the public purposes of this City
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i that this body authorize the issuance of said bonds.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
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ORDERED AS FOLLOWS:
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Section 1. The City is legally authorized to issue
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bonds and to use the proceeds thereof to acquire mortgages on
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owner-occupied residences.
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Section 2. This body constitutes the governing body
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of the City and is legally authorized to prodide for issuance
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of bonds by the City.
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Section 3. The projects described in Exhibit "A",
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attached hereto and hereby made apart hereof (hereinafter
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referred to as the "Project") constitute new housing develop-
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ments, to be comprised of owner-occupied residences, located
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within jurisdiction of the Agency.
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Section 4. The City hereby declares its intention to
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issue bonds of the City in the approximate amount of
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$ f Q under and in accordance with the law,
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in amounts as will be adequate to implement the City financing
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of the projects by acquiring mortgages originated with respect
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to the projects, for the payment of issuance costs with respect
1 Ill,to the Bonds and for the establishment of a mortgage reserve
2 jll~fund and a debt service reserve fund to provide for the further III
3 ~~Ilsecurity of the Bonds.
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4 I' Section 5. The Bonds shall be payable from the following
5 ldescribed revenues; all payments, proceeds, charges, rents and
6 Tall interest and other income derived in cash by the trustee or
~ I,a services by or for the account of the City from or related to
g Ilthe residential mortgage financing program, including, without
y limiting the generality of the foregoing, scheduled amortiza-
10 tion payments of principal of and interest on mortgage loans,
11 Prepayment, the proceeds of sale of mortgage loans, the proceeds
12 Ilof sale of residences on foreclosure of or other recovery por-
13 I'ceedings with respect to defaulted mortgage loans (net amounts
14 required to be paid to;moxtgagar~ or other owners of residences):,
15 the proceeds of hazard insurance and special hazard insurance
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16 i(net amounts required to be applied to the restoration of
17 residences) and interest earned or income derived from the in-
18 vestment or deposit of moneys held by the trustee, including
19 mortgage insurance proceeds.
20 Section 6. The Bonds shall be and are special obliga-
21 tions of the City and, subject to the right of the City to
22 apply moneys as provided, are hereby secured by an irrevocable
23 pledge of the mortgage loans and revenues and funds and accounts
24 to be held by the trustee and are payable as to principal re-
25 demption price, if any, and interest from the revenues of the
26 City as herein described. Except to the extent of the revenues,
27 the Bonds are not a debt of the City, the State of California
28 or any of its political subdivisions, and neither the City,
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1 ~ the State, nor any of its political subdivisions is liable
2 ~ thereon, nor in any event shall the Bonds be payable out of
3 any funds or properties other than all or any part of the
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4 'revenues, mortgage loans, and funds and accounts as in this
5 Resolution set forth. The Bonds do not constitute an indebted-
6 ness within the meaning of any constitutional or statutory debt
7 ~ limitation or restriction. Neither the members of the City nor
8 I any persons executing the Bonds shall be liable personally on
9 I' the Bonds or subject to any personal liability or accountability
10 by reason of the issuance thereof.
11 Section 7. The aforesaid principal amount of Bonds
12 I constitutes the aggregate face amount of obligations to be
13 issued pursuant to the issue of Bonds at this time for the
14 acquisition of mortgages originated with respect to the Project,
15 ~I and the details of such Bonds shall be authorized by supplemental
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16 'resolution or resolutions of the City at a meeting or meetings
17 to be held for such purpose.
18 Section 8. The Mayor is hereby authorized and directed
19 to provide for the sale of the Bonds, and the City and its staff ~
20 and consultants and legal counsel to the City are hereby
21 directed to take such steps as shall be appropriate to implement
22 such sale and delivery of the Bonds including working with
23 developers and others who may acquire vested rights as the
24 result of such actions.
25 Section 9. This Resolution constitutes a proper exercise
26 of the powers of this body and conforms to State and local legal
27 jrequirements relating to the issuance of residential mortgage
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28revenue bonds by a home rule City in this State.
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1 Section 10. It is intended that this Resolution shall
2 '.constitute such "official action" toward the issuance of the ~
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3 Bonds within the meaning of the United States Treasury Regula-
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4 tions, the United States Tax Laws, and any legislation now or
5 .hereafter pending in Congress which may require official action
6 in order for the Bonds to be exempt from Federal Income Taxes.
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 .adopted by the Mayor and Common Council of the City of San Ber-
g I~' nardino at a DatJ Meeting thereof , held on the
10 day of 1979, by the following vote, to-wit:
11 AYES : Councilmen ~~~,o~ ~~7
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13 NAYS : ~/7t,ei
14 ABSENT: ~ ~s~4i
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~1~ai~
16 City C erk
17 The foregoing resolution is hereby approved this
18 day of ~i~~~ 1979.
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0 of he ity of n Bernardino
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22 APPROVED AS TO FORM
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24 ity A orney
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RE-ADOPTED WITH AMENDMENTS 11-15-79
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' 79-396
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2 PROJECT AREA: Area of City not included in any Redevelopment
Project Area.
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4 NUMBER OF HOUSING UNITS: Subject to cost of construction and
in a on rea bus men
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6 BOND AMOUNT: $180,000,000.00
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TYPICAL DEVELOPERS: Unknown
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26 EXHIBIT "A"
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