BOS RESTRUCTURING RESOLUTION - NEW IGA - 12-05-2019 FINAL.DOCX
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RESOLUTION C-06-20-272-M-00 RESOLUTION RESTRUCTURING THE HOUSING AUTHORITY OF MARICOPA COUNTY WHEREAS, the Maricopa County Board of Supervisors (“Board of Supervisors”) recognizes the need for affordable, decent, safe, and sanitary housing to be made available for persons of low-to-moderate income in Maricopa County; and WHEREAS, Section 36-1404 of the Arizona Revised Statutes (“A.R.S.”) permits a county to create a housing authority and to delegate to the authority certain powers; and WHEREAS, the Board of Supervisors, under A.R.S. § 36-1404, adopted Resolution C- 66-03-004-M on May 21, 2003 (“Formation Resolution”), which created the Housing Authority of Maricopa County (“Housing Authority”) and delegated to the Housing Authority the governance and operational authority necessary to provide affordable housing opportunities in Maricopa County; and WHEREAS, the Board of Supervisors established a separate board of appointed commissioners (“Board of Commissioners”) to oversee and monitor the Housing Authority’s duties and responsibilities; and WHEREAS, the Board of Supervisors adopted Resolution C-06-11-189-M-00 on January 13, 2011 (“Transition Resolution”), for the multiple purposes, including electing the Board of Supervisors as the Board of Commissioners of the Housing Authority; adopting a new intergovernmental agreement (“Transition IGA”) between Maricopa County and the Housing Authority; terminating a prior intergovernmental agreement (“Formation IGA”), as well as all amendments, between Maricopa County and the Housing Authority; and creating an Advisory Committee of the Housing Authority; and WHEREAS, A.R.S. § 11-952 authorizes public agencies to enter into intergovernmental agreements with other public agencies; and WHEREAS, the Board of Supervisors desires to enter into a new intergovernmental agreement with the Housing Authority, change the composition of the Housing Authority’s Board of Commissioners, and dissolve the Housing Authority’s Advisory Committee. NOW, THEREFORE, BE IT RESOLVED that the Maricopa County Board of Supervisor’s adopts Resolution No. C-06-20-272-M-00 (“Restructuring Resolution”) for the following purposes: 1. Adopting a new intergovernmental agreement (“Restructuring IGA”) between Maricopa County and the Housing Authority in substantially the form attached to and incorporated in this resolution as Exhibit A; and 2. Dissolving the Housing Authority’s Advisory Committee. BE IT FURTHER RESOLVED that the Board of Supervisors shall continue to serve as the Housing Authority’s Board of Commissioners until the Board of Supervisors, by subsequent resolution, appoints five of the initial members of the Board of Commissioners and designates which of the commissioners shall be chairman and vice-chairman in accordance with the Restructuring IGA. BE IT FURTHER RESOLVED that the members of the new Housing Authority Board of Commissioners shall, within sixty days after their appointments, prepare proposed new bylaws of the Housing Authority that are consistent with the terms of this Restructuring Resolution and the Restructuring IGA and send them to the Board of Supervisors; upon approval or revision of the proposed new bylaws by the Board of Supervisors, the Housing Authority Board of Commissioners shall promptly adopt the new bylaws as approved or revised by the Board of Supervisors. BE IT FURTHER RESOLVED that the Restructuring IGA shall supersede and replace the Transition IGA, including all amendments to the Transition IGA, provided that all prior real property, personal property, and intangible property transfers from Maricopa County to the Housing Authority, shall remain in full force and effect. BE IT FURTHER RESOLVED that all agreements, obligations, or programs of the Housing Authority not inconsistent with this Restructuring Resolution and the Restructuring IGA shall remain in full force and effect. PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, on December __, 2019. BOARD OF SUPERVISORS MARICOPA COUNTY _________________________ _______________ Chairman Date ATTEST: _________________________ _______________ Clerk of the Board Date Approved as to form as within the powers and authority of Maricopa County under the laws of the State of Arizona. _________________________ _______________ Deputy County Attorney Date