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HomeMy WebLinkAbout2013-07-23; City Council; Resolution 2013-1831 EXHIBIT 1 2 „ CITY COUNCIL RESOLUTION NO. 2013-183 3 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. 28 3 1 3. 2 3 4 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 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. Zi- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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