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Res 067-2006 5/23/2006 RESOLUTION NO. 67-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AUTHORIZE THE USE OF MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR PROPERTIES WITHIN THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code (the "Act'�, NORTEX Housing Finance Corporation (the "Corporation'� was approved by resolution of the governing bodies of each of the Texas Counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger and Young (the "Local Govemmental Units'�, to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons and families of low and moderate income; and WHEREAS, the Corporation desires and intends to issue its Single Family Mortgage Revenue Bonds (Mortgage-Backed Securities Program) Series 2006A (the "Bonds'� pursuant to the Act to defray, in whole or in part, the costs of purchasing or funding the making of home mortgages, in an aggregate principal amount not to exceed $21,000,000; and WHEREAS, Section 394.005 of the Act provides that said Act does not apply to property located within a municipality with more than 20,000 inhabitants unless the governing body of such municipality approves the application of said Act to property located within the municipality; and WHEREAS, the effect of said Section 394.005 is that the proceeds of the Bonds may not be used to finance single family housing within the City of Wichita Falls, Texas (the "City'�, without the approval of its governing body; and WHEREAS, the Corporation has requested the approval of the City Council of the City to allow mortgage loans for homes located in the City to be financed with the proceeds of the Bonds; and WHEREAS, the City Council of the City wants to allow mortgage loans financed with proceeds of the Bonds to be available to low and moderate income residents of the City in order to provide favorable interest rates for first time home buyers who qualify for such loans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The recitals made above in this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The City Council hereby approves the application of the Act to property located within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance mortgage loans for homes located within the City. SECTION 3. That it is officially found and determined that no provision of this resolution shall make the City, this City Council or any officer, agent, employee or official of the City liable in any respect whatsoever with respect to the Bonds, it being understood that the Bonds are solely to be repaid and secured from the sources described in the Indenture of Trust related thereto, none of which sources impose any liability whatsoever upon the City, this City Council or any officer, agent, employee or official of the City. SECTION 4. To indicate the City's desire to participate in this program, a copy of this resolution will be forwarded to NORTEX Housing Finance Corporation. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 23rd day of May, 2006. � � MAYOR ATTEST: y Clerk