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RES-2009-138RESOLUTION NO. 2009R- 138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (1I) AMENDING THE CITY'S ONE -YEAR ACTION PLAN FOR FISCAL YEAR 2009 -2010 TO INCLUDE SUCH APPLICATION, AND (111) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS. the City of Anaheim "City is a municipal corporation and charter city of the State of California. authorized and empowered to conduct the municipal affairs of the City; and HEREAS. the City Council of the City of Anaheim "City Council is the legislative and governing body of the City; and Vv HEREAS. under the Section 108 Loan Guarantee program, implemented by the United States Department of Housing and Urban Development "HUD the City can borrow up to five times its annual Community Development Block Grant ("CDBG") allocation, and can take up to tw enty years to repay the principal and interest; and WHEREAS. the Section 108 Loan Guarantee program is designed to provide funds in CDBG eligible census tracts; and W HEREAS. the City desires to acquire various properties and public facilities, as well as to construct various public improvements within certain CDBG eligible census tracts; and Vl' HEREAS. the City desires to submit and application to HUD (the "Section 108 Loan Guarantee Application requesting Fifteen Million Dollars (515,000,000) in Section 108 Loan Guarantee funds (the "Section 108 Loan") to fund the acquisition of those properties and the construction of those public improvements set forth in the Section 108 Loan Guarantee Application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council finds that the foregoing Recitals are true and :,orrect and such Recitals are hereby made a substantive part of this Resolution. Section 2. City Certification. The City Council certifies that the City meets the criteria for the Section 108 Loan Guarantee program and that the City has the authority to carry out the work included in the Section 108 Loan Guarantee Application. Section 3. Approval and Submittal of Application. The Section 108 Loan Guarantee Application is hereby approved and the Executive Director of the City's Community Development Department. or her designee, is hereby authorized and directed to execute and submit the Application to HUD, incur an indebtedness, execute loan agreements and take such other actions as are consistent with the Section 108 Loan Guarantee Application. Section 4. Amendment of One -Year Action Plan. The City's One -Year Action Plan for Fiscal Year 2009 -2010 is amended to include the Section 108 Loan Guarantee Application. THE FOREGOING RESOLUTION IS PASSED. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS ELEVENTH (11 DAY OF AUGUST. 2009, BY THE FOLLOWING ROLL CALL VOTE: A YES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE A BSTAIN: NONE ABSENT: NONE ATTEST CITY CLERK OF THE CITY OF AHEIM APPROVED: CITY ATTORNEY OF THE CITY OF ANAHEIM 7;779.i MAYOR OF THE CITY /6F ANAHEIM