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

RESOLUTION 19-025
C-06-20-282-3-00
RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY RESTRUCTURING THE HOUSING AUTHORITY
WHEREAS, the Maricopa County Board of Supervisors (“Board of Supervisors”), under
Section 36-1404 of the Arizona Revised Statutes (A.R.S.), 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, A.R.S § 11-952 authorizes public agencies to enter into intergovernmental
agreements with other public agencies; and
WHEREAS, under A.R.S. § 36-1403, the Housing Authority is a tax-levying public
improvement district of the State of Arizona; and
WHEREAS, the Housing Authority and Board of Supervisors entered into an
Intergovernmental Agreement executed on April 2, 2004 (“Formation IGA”), which was amended
twice the thereafter (Amendment 1 on October 20, 2006, and Amendment 2 on March 26, 2008);
and
WHEREAS, the Housing Authority and Board of Supervisors entered into a new
Intergovernmental Agreement executed on January 13, 2011 (“Transition IGA”), which was
amended once thereafter (Amendment 1 fully executed on February 1, 2018); and
WHEREAS, the Housing Authority desires to enter into a new intergovernmental
agreement with the Board of Supervisors, which, among other things, changes the composition of
the Housing Authority’s Board of Commissioners and dissolves the Housing Authority’s Advisory
Committee.
NOW, THEREFORE, BE IT RESOLVED that the Housing Authority of Maricopa
County adopts Resolution No. 19-025 (“Restructuring Resolution”) approving a new
intergovernmental agreement (“Restructuring IGA”) (C-06-20-272-M-00) between the Housing
Authority and Maricopa County in substantially the form attached to and incorporated in this
resolution as Exhibit A.

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 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 Housing Authority of Maricopa County, Arizona, on
December __, 2019.
HOUSING AUTHORITY OF
MARICOPA COUNTY
_________________________ _______________
Chairman Date
ATTEST:
_________________________ _______________
Clerk Date
Approved as to form as within the powers and authority of the Housing Authority under the laws
of the State of Arizona.
_________________________ _______________
Deputy County Attorney Date