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HomeMy WebLinkAboutResolutionRESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TERMINATION OF JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN DIEGO AREA HOUSING AND FINANCE AGENCY, AND GRANTING AUTHORITY TO THE PRESIDENT AND SECRETARY OF THE AGENCY TO EXECUTE DOCUMENTS FOR PURPOSES OF CLOSING OUT THE AFFAIRS OF THE AGENCY WHEREAS, the San Diego Area Housing and Finance Agency ("Agency") was originally created by a Joint Exercise of Powers Agreement (the "Agreement") in 1999; and WHEREAS, the current Agency membership consists of the Cities of Carlsbad, El Cajon, Encinitas, Escondido, National City, San Marcos, Santee, Vista, and the County of San Diego; and WHEREAS, the Agency was created to provide home mortgage loans to qualified persons and families, finance the construction, rehabilitation, acquisition, lease, and sale of housing, promote economic development, finance other capital improvements, and issue revenue bonds to provide the funds therefore; and WHEREAS, the Agency has served its stated purpose in providing such loans and financing, and is no longer necessary because all projects and programs have been completed; and WHEREAS, the Agency currently has no outstanding obligations or claims and all bonds and interest have been paid (as required prior to termination in the Agency's J PA Agreement); and WHEREAS, the Agency has received and approved audits for each of the fiscal years concluding with fiscal year 2012; and WHEREAS, the Agency's Board of Directors approved a recommendation for each of its member agencies that the Agency should be terminated, and that each member city council be asked to vote for such termination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the termination of the San Diego Area Housing & Finance Agency Joint Exercise of Powers Agreement in accordance with 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 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 accordance with article 7, section 7.03 of the Agreement. BE IT FURTHER RESOLVED 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, certifications, or other such documents, necessary to file with all appropriate state and 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. --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 2nd day of July, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney