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HomeMy WebLinkAbout830591.tiff A RESOLUTION OF INTENTION TO ISSUE MORTGAGE REVENUE BONDS TO FINANCE RESIDENTIAL FACILITIES FOR LOW AND MIDDLE INCOME FAMILIES OR PERSONS, AUTHORIZING THE DISTRIBUTION OF INVITATIONAL DOCUMENTS TO MORTGAGE LENDERS AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND INSTRUMENTS RELATED THERETO. WHEREAS, Weld County , Colorado (" Issuer") is a political subdivision of the State of Colorado, authorized by the provi- sions of the County and Municipality Development Revenue Bond Act , §29-3-101 et seq. , Colorado Revised Statutes 1973, as amended (the "Act") , to issue revenue bonds for the purpose of defraying the costs of financing , refinancing, acquiring, improving and equipping any project consisting of residential facilities for low and middle income persons or families and to enter into financing agreements (as defined in the Act) with respect to such project, upon such terms and conditions as its Board of County Commissioners may deem advisable; and WHEREAS, the Board of County Commissioners of Issuer (the "Board") deems it necessary and advisable to provide more adequate residential facilities for low and middle income families or persons intended for use as the sole place of residence by the owners or intended occupants and being the sole dwelling owned by such families or persons (the "Proj- ect") ; and 830591 oR0a9 2 WHEREAS , Section 29-3-104( 2) of the Act provides that any municipality or county may delegate by resolution to any other Colorado municipality or county authority to act on its behalf in the financing, refinancing, acquisition , leasing, ownership, improvement and disposal of projects and that any such delega- tion may be general or limited in scope and time and may be irrevocable for the term or terms of any financing agreement or bond issues , all as provided in such resolution; and WHEREAS, the Board has indicated its willingness to accept the delegation by municipalities within Weld County and by other Colorado counties and municipalities outside of Weld County (the "Delegating Entities") to issue bonds for purposes of the Project on their behalf; and WHEREAS, Issuer intends to issue its Single Family Mort- gage Revenue Bonds, Series 1983 (the "Bonds") on behalf of the Delegating Entities and on its own behalf to finance residen- tial facilities for low and middle income families or persons intended for use as the sole place of residence by the owners or intended occupants (such dwelling to be the sole dwelling owned by such families or persons) ; and WHEREAS, by subsequent resolution to be adopted before the issuance of the Bonds , the Issuer will consider and approve the terms and form of the Bonds, the amount necessary to pay prin- cipal and interest thereon, the amount necessary to be paid 3 into any reserve fund which Issuer may establish and , subject to the conditions of this Resolution , will authorize all acts and the execution of all documents and instruments in connec- tion with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: Section 1. The Board hereby authorizes the solicitation of delegations from the Delegating Entities (i) to finance and otherwise take action and exercise power under the Act on behalf of the Delegating Entities with respect to the financing of residential facilities located within the Delegating Enti- ties and within Issuer 's boundaries for low and middle income persons or families, and (ii) to issue revenue bonds on its own behalf and on behalf of the Delegating Entities , in the name of Weld County or such other Colorado county or municipality which the Board may determine (the "Bonds") , the proceeds of such Bonds to be used solely to finance the Project, fund certain reserve accounts and pay issuance costs. Section 2. The Board hereby authorizes the distribution of the Invitation to Mortgage Lending Institutions to Partici- pate in Single Family Mortgage Revenue Bond Program , Offer to Originate and Service Single Family Mortgage Loans, Procedure for Allocation of Mortgage Loan Funds , Origination and Service Agreement and related documents (collectively referred to as 4 the "Invitational Documents") and further authorizes the Chairman of the Board to execute any such documents , the County Clerk and Recorder to attest any such execution and the seal of Issuer to be affixed thereto , if required. Section 3. The Bonds shall be in such denominations, bear such date, mature at such time not exceeding 40 years from their respective dates, bear such interest at a rate, be in such form, carry such registration privileges, be executed in such manner , be payable at such place within or without the State of Colorado, and be subject to such terms of redemption as shall finally be approved and provided in a subsequent resolution of the Board prior to the issuance of the Bonds. Section 4. The Bonds shall not constitute the debt or indebtedness of Issuer , the State of Colorado or any other political subdivision thereof within the meaning of any provi- sion or limitation of the Constitution or statutes of the State of Colorado nor give rise to pecuniary liability or a charge against the general credit or taxing powers of Issuer, the State of Colorado or any other political subdivision thereof. Section 5. The Board hereby authorizes the Chairman and the County Finance Director to proceed with discussions and to assist Boettcher & Company with the formulation of the para- meters of the Project. 5 Section 6 . All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. PASSED AND APPROVED by the Board of County Commissioners of Weld County , Colorado , this ?nth day of June 1983 . y� � j, j WELD COUNTY, COLORADO Attest: a uk ( ,,`4eu t� Ch rman, Boar of County County Clerk and Recorder Commissioners , Chuck Carlson i �ji/rw B J T. Martin, Pro-Tem eputy Coun C erk /J Gene R.ICB�rantner APPROVED_IS T0, FORM: -e..� Norman Carlson County Attorney acqu ine nson DAY FILE: June 20 , 1983 Hello