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97-237RESOLUTION NO. 97R -237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING OF THE ANAHEIM REDEVELOPMENT AGENCY'S PARTICIPATION IN THE 1998 MORTGAGE CREDIT CERTIFICATE PROGRAM OF THE COUNTY OF ORANGE, AUTHORIZATION OF THE COUNTY TO APPLY, ON BEHALF OF THE AGENCY, TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES, AND AUTHORIZATION OF THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF ORANGE. WHEREAS, there is a shortage in the County of Orange (the "County and in the City of Anaheim (the "City of decent, safe and sanitary housing, particularly of housing affordable lo first -time home buyers, and a consequent need to encourage the availability of homes affordable to such persons and otherwise to increase the housing supply in the City and in the County for such persons; and WHEREAS, the Board of Supervisors of the County has established a mortgage credit certificate program (the "Program pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act for the purpose of issuing mortgage credit certificates pursuant to the Act to provide funds for the Program; and WHEREAS, the City and the Anaheim Redevelopment Agency (the "Agency have previously found and determined that the redevelopment project areas of the Agency will be benefited by the operation of the Program both within and without the redevelopment project areas of the Agency, but within the boundaries of the City; and WHEREAS, the City and the Agency have previously found and determined that it is in the best interest of the City and the Agency to participate in the Program and to consent to the operation of the Program by the County both within and without the boundaries of the redevelopment project areas of the Agency, but within the boundaries of the City; and WHEREAS, the Agency and the City have previously entered into a Cooperative Agreement with the County to permit the operation by the County of the Program within the boundaries of the City; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code limits the amount of mortgage credit certificates 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 such state; and WHEREAS, Chapter 11.8 of Division 1 of title 2 of the Government Code of the State California (the "Government Code governs the allocation of the state ceiling (as that term is F JDOCS ADMIMGENERALIBRG7CO3ADOC defined in the Code) among governmental units in the State of California (the "State having the authority to issue mortgage credit certificates; and WHEREAS, Section 8869.85 of the Government Code requires that a Local agency file an application for a portion of the state ceiling with or upon the direction of the California Debt Limit Allocation Committee "CDLAC prior to the issuance of mortgage credit certificates; and WHEREAS, one percent of the amount of the allocation(s) to be requested on behalf of the Agency is to be held in an account established by the Agency pursuant to Section 8869.84 of the Government Code and the regulations of CDLAC; and WHEREAS, the Agency has previously determined to participate in the Program in 1998; and WHEREAS, the Agency has previously authorized that the County file an application with CDLAC on behalf of the Agency for an allocation of authority to issue mortgage credit certificates in 1998; and WHEREAS, the Agency has previously authorized the transfer to the County, pursuant to Section 8869.85(d) of the Government Code, of the total amount, if any, of the authority to issue mortgage credit certificates allocated to the Agency in 1998; and WHEREAS, the City desires to approve of the actions that the Agency has taken and intends to take with respect to the Agency's participation in the Program in 1998. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM RESOLVES AS FOLLOWS: Section 1. Recitals. Each of the foregoing recitals is true and correct. Section 2. Approval of Agency's Participation in the Program. The City Council hereby approves of the Agency's participation in the Program for the purpose of increasing the housing supply in the County and in the City and consents to the operation of the Program by the County with respect to all property located within the boundaries of the City, including the payment to the County of the Agency's proportionate share (based upon the number of participants in the Program) of administrative costs applicable to the allocation received from CDLAC, which share is estimated not to exceed $50,000 per allocation request. The City Council further approves the Agency's authorization (i) that the County file an application with CDLAC on behalf of the Agency for an allocation of authority to issue mortgage credit certificates in 1998 and (ii) of the transfer to the County of the total principal F:\DOGS ADM IN \GENERAL \DRG7CO3A. DOC amount, if any, of the authority to issue mortgage credit certificates allocated to the Agency by CDLAC. Section 3. Operation of the Program within and outside of Redevelopment Project Areas. The City Council hereby finds and determines that the operation of the Program both within and outside of the boundaries of the Agency's redevelopment project areas, but within the boundaries of the City, will be of benefit to the Agency's redevelopment project areas. Section 4. Further Necessary Actions. The officers and employees of the City are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and with respect to 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 authorized to be requested are hereby ratified and approved. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS sixteenth (16th DAY OF December 1997. ATTEST: CLERK CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, GENERAL COUNSEL 6 By: JO N E. WOODHEAD IV ASS STANT CITY ATTORNEY F: \DOCS\ADM IN\GE NERAUBRG7CO3A. DOC MAYOR CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -237 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of December, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -237 on the 16th day of December, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of December, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -237 was duly passed and adopted by the City Council of the City of Anaheim on December 16th, 1997. CITY CLERK OF THE CITY OF ANAHEIM