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2002-177-Authorizing The Town Manager To Execute Purchase Agreements For Below Market Price Housing Program Units In Foreclosure And/Or Bankruptcy Proceedings And Authorizing Related Budget AdjustmentRESOLUTION 2002 -177 RESOLUTION OF THE TOWN COUNCIL, OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE PURCHASE .AGREEMENTS FOR BELOW MARKET PRICE HOUSING PROGRAM UNITS IN FORECLOSURE AND/OR BANKRUPTCY PROCEEDINGS AND AUTHORIZING RELATED BUDGET ADJUSTMENTS WHEREAS., the Town of Los Gatos Zoning OrdinanceSectons 29..10.3000 through 29.10:.3040 establish a Below Market Price (BMP) Housing Program to .assist low .and moderate income Los Gatos citizens to purchase homes; and WHEREAS, the BMP Program requires construction of dwellings that persons and families of low and moderate income can afford to buy, and assures to the extent possible that the resale prices of those dwellings will be within the means of persons .and families of low and moderate income; and WHEREAS, the Housing Element of the Town's General Plan states,, "If necessary, the Town will exercise its `right of first refusal' to purchase BMP units which may have resale prices that exceed low or moderate income affordability limits."; and WHEREAS, occasionally BMP units come in danger of losing their affordability, through foreclosure and/or bankruptcy proceedings; and WHEREAS, the Town wishes to ensure BMP units in foreclosure and/or bankruptcy proceedings remain in the BMP Program, and retain their affordabiltyto persons and families of low and moderate income. ~~ NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: 1) The Town Manager is authorized to execute purchase agreements for Below Market Price (BMP) Housing Program units in foreclosure and/or bankruptcy,proceedings. This authority shall be limited to those circumstances in which adequate time to request purchase authority for a specific unit from Council is not available. 2) The Town Manager is authorized to make budget adjustments related to the execution of such purchase agreements. Funds for purchases made under the authority of this Resolution shall be taken from the BMP In-Lieu Fund. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4`" day of November, 2002, by the following vote, COUNCIL MEMBERS: AYES: Steven Blanton, .Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF HE TOWN LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~ ~~1 -tie. ~~~ CLERK OF THE TO~JVN OF LOS GATOS LOS 'iJATOS, CALIFORNIA S:\CSD 110402 ITEM 25.wpd 2