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RESO 1992-14 - SETH Home MortgagesRESOLUTION NO. 92-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE The City Council of the City of Huntsville, Texas (the "City") met in regular session at its regular meeting place at 5:15 o'clock p .m. on December 15 , 1992. Notice of such meeting was duly given in advance, and such meeting was open to the public, as required by law. The roll was called, showing the following members of the City Council to be present: thus constituting a quorum. Among other business, the following resolution was introduced and the passage of such resolution was moved by council member Gary Bell council member Ila Gaines and seconded by A RESOLUTION AUTHORIZING THE ORIGINATION OF HOME MORTGAGES WITHIN THE CITY IN CONNECTION WITH SINGLE FAMILY MORTGAGE LOAN PROGRAMS IMPLEMENTED BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, The Southeast Texas Housing Finance Corporation (the "Corporation") is a nonprofit corporation organized under the Texas Housing Finance Corporations Act, Texas Local Government Code, Chapter 394 (the "Act"), to act on behalf of Walker County, within which the City of Huntsville is located; and WHEREAS, the Act authorizes the Corporation, among other things, to acquire and make home mortgages originated, administered and serviced by qualified lending institutions, and to make loans to qualified lending institutions that agree to use substantially all of the net proceeds of the loans to make home mortgages, which mortgages are made to purchase, improve or construct homes located within the boundaries of a local governmental unit on whose behalf it acts, but the Act requires the Corporation to obtain the approval of any municipality with more than 20,000 inhabitants before exercising its authority with respect to home mortgages /4, made in respect of homes located within the municipality; and WHEREAS, the Corporation has requested that the City approve of the acquisition by the Corporation, in connection with its single family mortgage loan programs implemented from time to time, of home mortgages made in respect of homes located within the City, and the City is willing to grant that approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City as follows: SECTION 1. The City approves the application of the Act to homes located within the City with respect to single family mortgage loan programs implemented by the Corporation from time to time. The approval extends to any action that the Corporation is authorized by the Act (as it now exists or as it may be amended in the future) to take in respect of home mortgages for homes located within the City, including without limitation making, contracting to make and entering into advance commitments to make home mortgages; acquiring, contracting to acquire home mortgages; and making loans to lending institutions under terms that require the lending institutions to use substantially all of the net proceeds of the loans to make home mortgages. SECTION 2. This resolution is to be liberally construed to effectuate its purposes and to permit action by the Corporation with respect to home mortgages for homes located within the City to the fullest extent permitted by the Act (as it now exists or as it may be amended in the future). SECTION 3. If any section, paragraph, clause or provision of this resolution is held to be invalid or enforceable for any reason, the invalidity or enforceability of that section, paragraph, clause or provision will not effect any of the remainder of this resolution. SECTION 4. All bylaws, orders, resolutions, ordinances and other official actions, or parts thereof, inconsistent with this resolution, are repealed, but only to the extent of the inconsistency. This resolution will not be construed as reviving any bylaw, order, resolution, ordinance or other official action, or part thereof. SECTION 5. This resolution will take effect immediately upon its adoption. AUMAINO1 Doc: 9024.1 After due discussion, the question was called and the motion for passage was voted upon, the results of such vote being as follows: Ayes: Nine Nays: -0- The requisite number of council members having voted for passage, the resolution was declared adopted. (SEAL) Atte : Cf_ttetiet2deL4 City Clerk AUMAIN01 Doc: 9024.1 if