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CC Resolution 1994-049^"G RESOLUTION 94-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE AND TO PERMIT THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES IN LIEU OF QUALIFIED MORTGAGE BONDS WHEREAS, there is a shortage in the County of Riverside the vtcountytY) and in the City of La Quinta the City'*) of decent, safe and sanitary housing, particularly of housing affordable by persons in the low and moderate end of the purchasing spectrum and a need to increase the housing supply to first-time homebuyers in the County and in the City for such persons; and, WHEREAS, the Board of Supervisors of the County adopted Resolution No. 87-564 on December 22* 1987 establishing a Mortgage Credit Certificate Program pursuant to Section 51097 et. seq. of the Health and Safety Code of the State of California the *Act") and Section 25 of the Internal Revenue Code of 1986 the Code*') to homebuyers by allowing them to take a tax credit equal to 20 percent of the mortgage interest paid in a given year the *Program*); and, WHEREAS, the City has found and determined that it is in the best interest of the City to participate in 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; and, WHEREAS, the City has entered into a Cooperative Agreement with the County to permit the operation of the Program in the City; and, WHEREAS, Section 146 of the Internal Revenue Code of 1986 limits the amount of qualified mortgage bonds that may be issued in any calendar year by entities within a State and authorizes the Governor or the Legislature of such State to provide the method of allocation within the State; and, WHEREAS, Chapter 3.5 of Part 1 of Division 31 of the California Health and Safety Code Commencing with Section 50171) governs the allocation of the State ceiling among governmental units in the State having the authority to issue qualified mortgage bonds; and, WHEREAS, Section 50185 et. seq. of the Health and Safety Code and the procedures adopted pursuant thereto require a local agency to file an application with the California Debt Limit Allocation Committee prior to the issuance of qualified mortgage bonds; and, WHEREAS, the City has determined to assign to the County pursuant to Section 50192 of the Health and Safety Code all of the principal amount, if any, of qualified mortgage bonds allocated to the City and to use said allocation for the issuance of mortgage credit certificates; and, RESOCC.014 BIB] 08-18-1998-U01 11:46:07AM-U01 ADMIN-U01 CCRES-U02 94-U02 49-U02 ^"GRESOLUTIO* 94-49 WHEREAS, one percent of the amount of the allocation being requested by the City is being held by the County in an escrow a*count; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: Section 1: Each of the foregoing recitals is true and correct. Section 2: The City Manager, or his designee, is hereby authorized, on behalf of the City, to submit an application, and such other documents as may be required, to the California Debt Limit Mlocation Committee for an allocation of $20 million to qualified mortgage bonds and one hundred percent 100%) of said allocation is to be utilized for mortgage credit certificates It is hereby authorized that, upon receipt, such allocation be transferred to the County, who will issue mortgage credit certificates pursuant to the terms of the Program to persons residing within the City and the County. The City Manager, or his designee, is hereby directed to take such steps and execute such documents as is necessary to effect the transfer of the allocation to the County. Section 3: The officers and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this resolution or the issuance of the mortgage credit certificates by the County, and all actions previously taken by such officers and employees in connection with the application for the allocation are hereby ratified and approved. Section 4: This resolution shall take effect from and after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of July, 1994, by the following vote, to wit: AYES: Council Members Banqerter, McCartney, Perkins, Sniff 1 Mayor Pena NOES: None ABSENT: None ABSTAIN: None City of La Quinta, Ca *SOcC.O14 BIB] 08-18-1998-U01 11:46:07AM-U01 ADMIN-U01 CCRES-U02 94-U02 49-U02 ^"G 41 *SOLUTIO* 94-49 City of La Quinta, California APPROVED AS TO FORMAT: I/9A/IL4*/(** N ONE City of La Quinta, California STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF LA QUINTA I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of RESOLUTION NO.94-49 adopted by the La Quinta City Council in a regular meeting on July 19, 1994. City of La Quinta, California RESOCC. 014 BIB] 08-18-1998-U01 11:46:07AM-U01 ADMIN-U01 CCRES-U02 94-U02 49-U02 ^"G mi* U I II COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA THIS COOPERATIVE AGREEMENT this Agreement"), made and entered into as of July 19, 1994, by and between the County of Riverside, a political subdivision of the State of California the I! City?!). WITNESSETH: WHEREAS, the County adopted Resolution No. 87-564 on December 22, 1987, establishing a Mortgage Credit Certificate Program the Program") pursuant to Section 50197 et. seq. of the Health and Safety Code of the State of California the Act'1) and Section 25 of the Internal Revenue Code of 1986 the Code") to issue mortgage credit certificates to qualified, first-time homebuyers by allowing them to take a tax credit equal to 20 percent of the mortgage interest paid in a given year. WHEREAS, the City has adopted the Program and determined to cooperate with the County pursuant to the Act in the exercise of their powers under the Act for purposes of the Program; WHEREAS, the City pursuant to the Act and its Resolution No.______ adopted on July 19, 1994, has assigned to the County its allocation for qualified mortgage bonds to be used for 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 meaning assigned to such terms in the Act. SECTION 2: The County agrees to undertake the program, including using its best efforts to issue mortgage credit certificates therefore pursuant to the Act as soon as is practicable, said mortgage credit certificates being in addition to mortgage credit certificates which the County has heretofore issued for this purpose. SECTION 3: The City hereby agrees to cooperate with the County in the exercise jointly or otherwise of their powers for the purpose of issuing mortgage credit certificates pursuant to the Act by agreeing that the County shall exercise its powers to issue mortgage credit certificates 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 qualified mortgage bond allocation assigned to the County by the City for the Program will be utilized consistent with Section 50197.5 of the Act. For the initial six 6) months following the receipt and assignment of the allocations, County will use said allocation for the creation of mortgage credit certificates within the boundaries of the City. After the conclusion of said six- month period, the allocation may be used County-wide for the Program. ATTC**NT BIB] 08-18-1998-U01 11:46:07AM-U01 ADMIN-U01 CCRES-U02 94-U02 49-U02 ^"G SECTION 5: The City agrees to undertake such further proceeding or actions as may be necessary in order to carry out the terms and the intent of the Agreement. The County has entered into cooperative agreements with other cities within the County, and nothing in these Agreement shall preventthe County from entering into one or more additional agreements with other cities within the County if deemed necessary and advisable to do so by the County. SECTION 6: This Agreement may be amended by one or more supplemental agreements executed by the County and the City. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized and their official seals to b e hereto affixed, all as of the day and year first above written. COUNTY OF RIVERSIDE CITY OF LA QUINTA By___________________ By_________________ Chairman, Board of Supervisors ATTEST: ATTEST: By___________________ By_________________ APPROVED AS TO FORM: APPROVED AS TO FORM: COUNTY COUNSEL Deputy City Attorney ATTCHMNT BIB] 08-18-1998-U01 11:46:07AM-U01 ADMIN-U01 CCRES-U02 94-U02 49-U02