BOS RESTRUCTURING RESOLUTION - NEW IGA - 12-05-2019 FINAL.DOCX

Maricopa County — Formal (2019-12-11)

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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