HomeMy WebLinkAbout125-90RESOLUTION 125-90
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF D/a/~'VILLE
ADOPTING A HOME MORTGAGE FINANCE PROG1L~M IN COOPERATION WITH
THE COUNTY OF CONTRA COSTA COUNTY AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE
TOWN OF DANVILLE A COOPERATIVE AGREEMENT BETWEEN
THE COUNTY OF CONTRA COSTA AND THE TOWN OF D/~NVILLE
WHEREAS, there is a shortage in the County of Contra Costa
(the "County") and in the Town of Danville (the "Town") of decent,
safe and sanitary housing, particularly of housing affordable by
persons in the lower end of the purchasing spectrum, and a
consequent need to encourage the construction of homes affordable
by such persons and otherwise to increase the housing supply in the
County and in the Town for such persons; and
WHEREAS, the Board of Supervisors of the County has adopted an
ordinance declaring its intent to engage in a home mortgage finance
program pursuant to Chapters 1-5 of Part 5 of Division 31 of the
Health and Safety Code of the State of California (the "Act"); and
WHEREAS, the County intends to issue bonds pursuant to the Act
of provide funds for the County's home mortgage finance program
(the "Program"); and
WHEREAS, the Town Council finds and determines that is in the
best interest of the Town to adopt the Program and to consent to
the operation of the Program by the County within the geographic
boundaries of the Town pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of
Danville, as follows:
.
The Town hereby adopts the Program for the purpose of
increasing the housing supply in the County and in the Town
and consents to the operation of the Program by the County
with respect to all property located within the geographical
boundaries of the Town;
,
The cooperative agreement, dated June 1, 1990, between the
County and the Town (the "Agreement"), a copy of which is
attached hereto as Attachment A, is hereby approved, and the
Mayor and the City Clerk are hereby authorized and directed to
execute and deliver said Agreement, for and in the name and on
behalf of the Town. The Mayor, with the advice and consent of
the City Attorney, is authorized to approve any additions to
or changes in the form of said Agreement which they deem
necessary or advisable, their approval of such additions or
changes to be conclusively evidenced by execution by the Mayor
of said Agreement as so added to or changed. The Mayor, with
the advice and consent of the City Attorney, is further
authorized to enter into such additional agreements with the
County execute such other documents or take such other actions
as they may deem necessary or appropriate to carry out the
purpose and intent of the Agreement or to cooperate in the
implementation of the Program.
APPROVED by the Danville Town Council at a Regular Meeting on June
19, 1990 by the following vote:
AYES:
GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
kkgres.611
ATTACHMENT A
COOPERATIVE AGREEMENT BETWEEN THE
COUNTY OF CONTRA COSTA
AND THE TOWN OF DANVILLE
THIS COOPERATIVE AGREEMENT (the "Agreement"), made and entered into
as of June 19, 1990 by and between the County of Contra Costa, a
political subdivision of the State of California (the "County"),
and the Town of Danville, a general law city and political
subdivision of the State of California (the "Town"),
W I TN E S SET H
WHEREAS, the County has determined to engage in a home
mortgage finance program pursuant to Chapters 1-5 of Part 5 of
Division 31 of the Health and Safety Code of the State of
California (.the "Act") to make or acquire, directly or indirectly,
loans to finance the construction or acquisition of homes in the
County of contra costa, all as provided for in the Act (the
"Program");
WHEREAS, the County of Contra Costa, pursuant to the Act, has
adopted a home finance program by Ordinance No. 82-5;
WHEREAS, the County has determined to cooperate with the Town
pursuant to the Act in the exercise of its powers under the Act for
purposes of the Program; and
WHEREAS, the Town, pursuant to the Act, has adopted a home
mortgage finance program and haa determined to cooperate with the
County pursuant to the Act in the exercise of its powers under the
Act for purposes of 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 meanings assigned to such terms in the Act.
SECTION 2. The County agrees to undertake the Program and to
issue revenue bonds therefor pursuant to the Act as soon as
practicable.
SECTION 3. The Town agrees to undertake such further
proceedings or actions as may be necessary in order to carry out
the terms and the intent of this Agreement. Nothing in this
Agreement shall prevent the County from entering into one or more
agreements with other political subdivisions within the County, if
deemed necessary and advisable to do so by the County. 0
SECTION 4. This Agreement may be amended by one or more
supplemental agreements executed by the County and the Town at any
time, except that no such amendment or supplement shall be made
which shall adversely affect the rights of the holders of any bonds
issued by the County pursuant to the Act in connection with the
Program.
IN WITNESS WHEREOF, the parties hereto have~caused this Agreement
to be executed and attested by their proper officers thereunto duly
authorized, and their official seals to be hereto affixed, all as
of the day first above written.
TOWN OF DANVILLE
THE COUNTY OF CONTRA COSTA
By:
ATTEST:
city~_Clerk~
ATTEST: Phil Batchelor,
County Administrator
and Clerk of the
Board of Supervisors
By:
Deputy Clerk
kkgres.611