HomeMy WebLinkAboutReso 1985-12043 RESOLUTION NO. 12043
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FIRST AMENDMENT TO JOINT POWERS AUTHORITY TO
CREATE THE ESCONDIDO-CHULA VISTA HOUSING FINANCE AGENCY
TO EXERCISE COMMON POWERS OF THE CITIES OF ESCONDIDO AND
CHULA VISTA, STATE OF CALIFORNIA, TO FINANCE HOME
MORTGAGES PURSUANT TO PART 5 OF DIVISION 31 OF THE HEALTH
AND SAFETY CODE OF CALIFORNIA
The City Council of the City of Chula Vista does hereby resolve
as follows:
That the Escondido-Chula Vista Housing Finance Agency enter into a
First Amendment to Joint Powers Agreement to Create the Escondido-Chula Vista
Housing Finance Agency to Exercise Common Powers of the Cities of Escondido and
Chula Vista, State of California, to Finance Home Mortgages pursuant to Part 5
of Division 31 of the Health and Safety Code of the State of California, and the
Mayor is hereby authorized to execute said agreement, attached hereto as though
fully set forth herein, on behalf of the City and the City Clerk is authorized to
attest his signature and to affix the corporate seal of the City thereto.
Presented by Approved as/to form by
~aul G.~De~6chers, Community
~ //T~homasVj~ H~ o ,' City Attorney
Development Director
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this llth do~ of June
19 85 , by the following vote, to-wit:
AYES: C0unci]members Cox, Malcolm, McCandliss, Scott, Moore
NAYES: Counci 1 members None
ABSTAIN: C0uncilmembers None
ABSENT: C0unci ] members None
M City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12043 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
J2181b 3HHW:PNL:Id 05/16185
F~RST AHENDMENT
JOINT POWERS AGREEMENT TO CREATE THE ESCONDIDO-CHULA VISTA
HOUSING FINANCE AGENCY TO EXERCISE COMMON POWERS
OF THE CITIES OF ESCONDIDO AND CHULA VISTA, STATE OF CALIFORNIA
TO FINANCE HC)ME MORTGAGES PURSUANT TO PART 5 OF DIVISION 31
OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA
THIS FIRST AMENDMENT TO AGREEMENT, made as of the 1st day of June, 1985,
by and between the City of Escondido and the City of Chula Vista, both being
municipal corporations duly organized and existing under the laws of the State
of California, hereinafter called respectively "Escondldo" and "Chula Vista";
WHEREAS, Escondldo and Chula Vista, pursuant and subject to the
provisions of Part 5 of Olvlston 31 of the Health and Safety Code of the State
of California (the "Act"), are each authorized and empowered to provide,
through lending Institutions, long-term, low Interest home mortgage loans to
Income qualified persons and families to finance the acquisition of homes and
to issue revenue bonds to provide the funds therefor;
WHEREAS, said Part 5 also provides that such powers may be exercised by
an agency created by a Joint powers agreement under Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of
the State of California entered into by cities for the express purpose of the
Joint exercise of such powers;
WHEREAS, Escondtdo and Chula Vista have entered into an Agreement, dated
as of Aoril 5 . 1985, providing for the Joint exercise of their common
powers under said Part 5 and creating the Escondldo-Chula Vista Housing
Finance Agency (the "Agency") as a separate agency for such purpose; and
WHEREAS, Escondldo and Chula Vista have been advised by the bond counsel
to the Agency that a recent private letter ruling of the Internal Revenue
Service has made ~it prudent to amend the provisions of the Agreement, as
hereinafter provided, In order to assure the federal tax exemption of Interest
to be paid upon mortgage revenue bonds proposed to be Issued by the Agency;
'NON, THEREFORE, ZT IS AGREED, as fOllOwS:
1. The Agreement between Escondtdo and Chula Vista, dated as
of. April 5 , 1985, Is amended by addtng a new paragraph 14 thereto, to read
as follows:
"i4. Eminent Domain. The Agency shall be vested with the power of
eminent domain, Gut solely to the extent necessary to carry out the purposes
of this Agreement."
IN HITNESS HHEREOF, the parties hereto have caused this agreement
to be executed by their officers thereunto duly authorized as of the day and
year first above written.
CITY OF~DO
Mayor
J City Clerk
CITY OF CHULA VISTA
8y _
C/ ~7 Mayor '
RESOLUTION NO. 85-142
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ESCONDIDO, CALIFORNIA, APPROVING
FIRST A/4ENDMENT TO JOINT POWERS AGREEMENT
TO CREATE THE ESCONDIDO-CHULA VISTA HOUSING
AGENCY TO EXERCISE COMMON POWERS OF THE
CITIES OF ESCONDIDO AND CHULA VISTA, STATE
OF CALIFORNIA, TO FINANCE HOME MORTGAGES
PURSUANT TO PART 5 OF DIVISION 31 OF THE
HEALTH AND SAFETY CODE OF CALIFORNIA
RESOLVED, by the City Council of the CITY OF ESCONDIDO that the Escondido-Chula
Vista Housing Finance Agency enter into a First Amendment to Joint Powers
Agreement to Create the Escondido-Chula Vista Housing Finance Agency to Exercise
Common Powers of the Cities of Escondido and Chula Vista, State of California, to
Finance Home Mortgages pursuant to Part 5 of Division 31 of the Health and Safety
Code of the State of California, dated and in form this day presented to this
City, and the Mayor is hereby authorized to execute said agreement on behalf of
the City and the City Clerk is authorized to attest his signa[ure and to affix
the co.rporate seal of the City thereto.
PASSED, ADOPTED AND APPROVED by the City Council of
the City of Es¢ondido, California at a regular meeting thereof
this 12th day of June, 1985 by the following vote to-wit:
AYES : Councilmembers: BEST, HARMON, THURSTON~
NOES : Councilmembers: NONE
ABSENT : Councilmembers: COWAN
ABSTAIN : Councilmembers: RADY
/$/ James M. Rady
JAMES M. RADY, Mayor Pro Tempore
of the City of Escondido, California
ATTEST:
/s/ Jeanne Bunch
JEANNE BUNCH, City Clerk of the
City of Escondido, California
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.
CITY OF ESCONDIDO )
I, JEANNE BUNCH, City Clerk of the City of Escondido,
California, hereby certify that I have compared the foregoing
copy with the original RESOLUTION NO. 85-142 passed and
a(lopted by said City Council at a regular meeting thereof, at
the time and by the vote therein stated,~ which original '
resolution is now on file in my office, and that the same is a
full, true and correct copy there~f~ and has not been amended
or repealed..
Witnes-~. by my. hand a~.d. the seal of the City of
Escond'ido this 13th day of June,' i985.
BUNCH, City Clerk of the
of Escondido, California
( SEAL )