HomeMy WebLinkAbout2013-07-23; City Council; Resolution 2013-1831 EXHIBIT 1
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CITY COUNCIL RESOLUTION NO. 2013-183
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
4 AUTHORIZING TERMINATION OF THE JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE SAN DIEGO AREA HOUSING & FINANCE
5 AGENCY.
6 WHEREAS, the San Diego Area Housing & Finance Agency ("Agency") was originally created
7 by a Joint Exercise of Powers Agreement ("Agreement") in 1999; and,
8 WHEREAS, the current Agency membership consists of the Cities of Carlsbad, El Cajon,
9 Encinitas, Escondido, National City, San Marcos, Santee, Vista and the County of San Diego; and,
10 WHEREAS, the Agency was created to, among other things, provide home mortgage loans to
11 qualified persons and families, fmance the construction, rehabilitation, acquisition, lease, and sale of
12 housing, and issue revenue bonds to provide the funds therefore; and,
13 WHEREAS, the Agency has served its stated purpose in providing such loans and fmancing, and
14 is no longer necessary because all projects and programs have been completed; and,
15 WHEREAS, the Agency currently has no outstanding obligations or claims, and all bonds and
16 interest have been paid (as required prior termination in the Agency's JPA Agreement); and,
17 WHEREAS, the Agency has received and approved audits for each of the fiscal years concluding
18 with fiscal year 2012; and,
19 WHEREAS, the Agency's Board of Directors approved a recommendation for each of its
20 member agencies that the Agency should be terminated, and that each member city council be asked to
21 vote for such termination.
22 NOW, THEREFORE BE IT HEREBY RESOLVED as follows:
23 1. That the above recitations are true and correct.
24 2. That the City Council of the City of Carlsbad authorizes the termination of the San Diego
Area Housing & Finance Agency Joint Exercise of Powers Agreement in accordance with
25 article 7, section 7.01 of the Agreement and, to the extent possible, any remaining assets of
the Agency are to be divided among the Agency's current member cities and county in
26 accordance with article 7, section 7.02 of the Agreement. Upon termination, the Agency shall
continue to exist for the limited purposes of closing out the affairs of the Agency in
27 accordance with article 7, section 7.03 of the Agreement.
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That the President or any Vice President, the Secretary, and the general counsel for the
Agency, are each of them hereby authorized to execute such documents and approve any
releases, terminations, certificates, or other such documents, necessary to file with all
appropriate state or federal agencies to effect the termination of the Agency; and further,
to execute such documents, issue such negotiable instruments, and otherwise conduct
such post-termination business required from time to time to close out and wind up the
affairs of the Agency, all in accordance with article 7, section 7.03 of the Agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carisbad on the 23^^^ day of July, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
ATTEST:
BARBARA ENGLESON, Cit^ Clerk