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RESOLUTION NO. 84-224
RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION
WITH THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY
WHEREAS, there is a shortage in the County of San Bernardino
(the "County") and in the City of San Bernardino (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
Ordinance No. 2496 declaring its intent to engage in a housing finance
revenue bond 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 to the Act to provide funds for
the Program; and
WHEREAS, This 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 San Bernardino, 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
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all property located within the geographical boundaries of the City
2. The cooperative agreement, dated as of
1984, between the County and the 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 the 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 and 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.
I hereby certify that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernardino
at a regular meeting thereof, held on the 18 th
day of June , 1984, by the following vote, to wit:
AYES: Council Members Castaneda, Reilly,
Hernandez Marks Frazier
NAYS: None
ABSENT: Council Members Quiel, Strickler
City Clerk
The foregoing resolution is hereby approved is p
day of
Approved as to form:
Payor of he it of Sanarr,nardino
City Attorney
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT (the "Agreement"), made and entered into as of
by and between the County of San Bernardino, a political subdivision of
the State of California (the "County"), and the City of San Bernardino
a political subdivision of the State of Ca ifornia
the "City" ,
WITNESSETH:
WHEREAS, the County has determined to engage in a housing finance revenue
bond 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 purchase,
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 No. 2496 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 its
Residential Mortgage Revenue Bonds, Issue of 1984 (the "Bonds") therefore
pursuant to the Act as soon as practicable.
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 from the proceeds of the Bonds by agreeing that,
the County shall exercise such powers to make or purchase 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.
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.
CITY OF San Bernardino 60�00 COUNTY OF SAN BERNARDINO
X.
ATTEST: �`, `� 01
BY:
City Clerk
APPROVED AS TO FORM:
Attorney
By:___ Chairman, Board of
Supervisors
ATTEST:
By:
Deputy Clerk
Board of Supervisors
APPROVED AS TO FORM
Deputy County Council