HomeMy WebLinkAbout850695.tiff RESOLUTION ACCEPTING THE TRANSFERS OF ALLOCATIONS BY
MUNICIPALITIES WITHIN WELD COUNTY, COLORADO UNDER PART 8 OF
ARTICLE 4 OF TITLE 29 OF COLORADO REVISED STATUTES, TO
FINANCE MORTGAGE LOANS '1O PROVIDE MORE ADEQUATE RESIDENTIAL
HOUSING FACILITIES WITHIN WELD COUNTY AND AUTHORIZING THE
EXECUTION AND DELIVERY BY WELD COUNTY OF CERTAIN STATE
ALLOCATION TRANSFER AGREEMENTS.
WHEREAS , Weld County, Colorado (the "County") and the
municipalities located within the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes (the "Project Act") ,
to finance, refinance, acquire, own, lease, improve and dispose of
properties to the end that more adequate residential housing facili-
ties for low- and middle-income families and persons may be provided,
which promote the public health, welfare, safety, convenience and
prosperity; and
WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980 , codi-
fied as Section 103A of the Internal Revenue Code of 1954, as amended
(the "Federal Act") , restricts the amount of tax exempt obligations
which can be issued by the Colorado Housing Finance Authority and
local governmental units in the State of Colorado (the "State") to
finance single-family mortgages to an amount not exceeding the State
ceiling; and
WHEREAS, the Federal Act authorizes the states to provide a
formula for allocating the respective state ceilings among the gov-
ernmental units in such states in a manner different from the federal
allocation formula, and the State has provided for such an alternate
formula for allocation in Part 8 of Article 4 of Title 29, Colorado
Revised Statutes (the "Allocation Act" ) ; and
WHEREAS, the Allocation Act authorizes governmental units
in the State to transfer all or a part of their allocations provided
for in the Allocation Act to any other entity otherwise authorized to
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1
/ 850695
issue bonds to finance single-family mortgages and to accept
transfers of such allocations ; and
WHEREAS, certain municipalities located within the County
(the "Municipalities") desire to transfer to the County their alloca-
tions under the Allocation Act for the year 1985 to finance Mortgage
Loans to provide more adequate residential housing facilities for
low- and middle-income families and persons within the County and the
Municipalities ; and
WHEREAS, the County desires to accept such transfers to
finance Mortgage Loans to provide more adequate residential housing
facilities for low- and middle-income families and persons within the
County and the Municipalities ; and
WHEREAS, it is necessary to evidence such transfers and the
acceptance of such transfers by the execution and delivery of certain
State Allocation Transfer Agreements, a form of which is attached
hereto as Exhibit A (the "State Allocation Transfer Agreements") , by
the County and each of the Municipalities; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO:
Section 1 . In order to insure the financing of Mortgage
Loans to provide more adequate residential housing facilities for
low- and middle-income families and persons within the Municipalities
and the County at the earliest possible date, which will promote the
public health, welfare, safety, convenience and prosperity of the
inhabitants of the County, it is deemed necessary and advisable that
the State Allocation Transfer Agreements be approved, executed and
delivered by and on behalf of the County.
Section 2. The forms, terms and provisions of the State
Allocation Transfer Agreements hereby are approved and the Chairman
of the Board of County Commissioners of the County and the County
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Clerk hereby are authorized and directed to execute and deliver the
State Allocation Transfer Agreements.
Section 3 . The officers of the County shall take such
other steps or actions necessary or reasonably required to carry out
the terms and intent of this resolution and the State Allocation
Transfer Agreements.
Section 4 . Nothing contained in this resolution or in the
State Allocation Transfer Agreements shall obligate the County,
except to the extent described in the State Allocation Transfer
Agreements, nor constitute the debt or indebtedness of the County
within the meaning of the Constitution or statutes of the State or
the home rule charter of any political subdivision thereof, nor give
rise to a pecuniary liability of the County or a charge against its
general credit or taxing powers.
Section 5 . If any section, paragraph, clause or provision
of this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this resolution.
PASSED, ADOPTED AND APPROVED this 8th day of April
1985 .
.L�trt�
airm of th Board of County
Commissioners
(SEAL)
Attest : flylf.4�w.ti4-Z Lae�s✓
o n
914be
y/
L� p County Clerk
APPROVED S TO FORM: /c27/7{17dibrit
County Attorney
-4-
STATE OF COLORADO
SS.
COUNTY OF WELD
I , Mary Ann Feuerstein , the duly qualified and acting
County Clerk of Weld County, Colorado (the "County") , in the State of
Colorado, do hereby certify:
1 . The foregoing pages numbered -1- to -5-, inclusive, are
a true, perfect and complete copy of the record of proceedings of the
Board of County Commissioners of the County had and taken at a lawful
meeting of the Board held at Centennial Center
915 10th Street , in Greeley , Colorado on
April _g, 1985 at _I:QQ a.m., as recorded in the regular offi-
cial book of the proceedings of the County kept in my office so far
as the proceedings relate to the resolution therein set forth, the
proceedings were duly had and taken as therein shown, the meeting
therein shown was duly held, and the persons therein named were
present at the meeting as therein shown.
2 . All members of the Board were duly notified of the
meeting, pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the County this 8th day of April , 1985.
/
County Clerk
(SEAL)
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EXHIBIT A
-7-
STATE OF COLORADO
SS.
COUNTY OF WELD
The Board of County Commissioners of Weld County, Colorado,
met in regular session on April 8 , 1985, at 9 :00 _a.m. , at
Centennial Center , 915 10th Street , in Greeley
Colorado, in full conformity with the law and the resolutions and
rules of the County. Upon roll call, the following were found to be
present, constituting a quorum:
Present :
Chairman of the Board of
County Commissioners: Jacqueline Johnson
Other Commissioners : Gene Brantner
Frank Yamagichi
Absent: C.W. Kirby & Gordon F. Lacy
constituting all the members of the Board.
There were also present :
Deputy County Clerk : Tommie Antuna
County Attorney: Thomas 0. David
Thereupon, the following proceedings, among others, were
had and taken.
Don Warden
Director of Finance & Administration,/ introduced a resolution, the text
of which is as follows :
G. /T 9 - - _<.✓
STATE ALLOCATION TRANSFER AGREEMENT
This State Allocation Transfer Agreement is between the
City of Dacono, Colorado (the "City") and Weld County, Colorado (the
"County") .
1 . Preliminary Statement. Among the matters of mutual
inducement which have resulted in the execution of this State
Allocation Transfer Agreement are the following:
(a) The City and the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes (the "Project Act") ,
to finance properties to the end that more adequate residential hous-
ing facilities for low- and middle-income families and persons may be
provided.
(b) Section 103A of the Internal Revenue Code of 1954 (the
"Code" ) restricts the amount of tax exempt obligations which may be
issued by the Colorado Housing Finance Authority (the "Authority")
and local governmental units in the State of Colorado (the "State")
to finance single-family mortgages to an amount not exceeding the
State Ceiling as defined in the Code (the "State Ceiling") .
(c) Pursuant to the Code, the State has provided for a for-
mula for allocation of the State Ceiling among the governmental units
in the State different from the federal allocation formula, in a
recently enacted law (the "Allocation Act") .
(d) The Allocation Act authorizes governmental units in the
State to transfer all or part of their allocations provided for in
the Allocation Act to any other entity otherwise authorized to issue
bonds to finance single-family mortgages and to accept transfers of
such allocations.
(e) Neither the execution and delivery of this State
Allocation Transfer Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this State Allocation Transfer Agreement con-
flicts with or results in a breach of any of the terms, conditions or
provisions of any legal restriction or any agreement or instrument to
which the City or the County is now a party or by which the City or
the County is bound, or constitutes a default under any of the
foregoing.
2 . Transfers by the Cit'. Pursuant to the Allocation
Act, the City transfers to the County its allocation under the
Allocation Act for the year 1985 to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the City. The City covenants so long as this
State Allocation Transfer Agreement remains in effect during 1985
that before January 1 , 1986 it will not issue any bonds, notes or
other securities under the Project Act to finance mortgage loans for
residential housing facilities for low- and middle-income families or
persons within the City or transfer any portion of its allocation
under the Allocation Act to another governmental unit.
3 . Acceptance of Transfers by the Count'. Pursuant to
the Allocation Act, the County hereby accepts the transfers to it by
the City of the allocation of the City under the Allocation Act for
the year 1985 .
4 . General Provisions..
(a) This State Allocation Transfer Agreement is hereby
declared irrevocable during the term of the agreements to be entered
into by the County and the financial institutions which will origi-
nate and service the mortgage loans, and this State Allocation
Transfer Agreement shall terminate upon the termination of such
agreements.
(b) This State Allocation Transfer Agreement shall automat-
ically terminate on January 1 , 1986 , if the County has not by that
date issued its revenue bonds under the Project Act for the purpose
of financing mortgage loans to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the City.
IN WITNESS WHEREOF, the parties hereto have entered into
this State Allocation Transfer Agreement this 8th day of
April , 1985 .
THE CITY OF DACONO, COLORADO
(SEAL) By
Mayor
Attest :
City Clerk
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IN COLORADO SPRINGS
Sherman&Howard Sherman, Howard,Baker&Wendelken
A LAW PAThEPSHIP INCLUDING-PROFESSIONAL CORPORATIONS SUITE 301 MINING EXCHANGE BUILDING
COLORADO SPRINGS,COLORADO 80903
TELEPHONE 303475-2440
2900 FIRST INTERSTATE TOWER NORTH TELEPHONE 303 297-2900
633 SEVENTEENTH STREET TELECOPIER. 34 03 2988-0940 IN RENO,NEVADA
DENVER,COLORADO 80202
Hill Cassas deLipkau and Erwin
POST OFFICE BOX 2790
RENO.NEVADA 89505
TELEPHONE 702323-1601
TELECOPIER 702 348-7250
April 2, 1985
EXPRESS MAIL
Mr. Don Warden
Centennial Complex
915 - 10th Street
Greeley, Colorado 80631
Larimer County and Weld County, Colorado
Single Family Mortgage Revenue Bonds
1985 Series A
Dear Mr. Warden:
Enclosed are drafts of a Resolution accepting the
transfers of allocations by the municipalities within Weld County
and a Resolution transferring to Larimer County Weld County' s
allocation (including the allocations transferred to Weld County
by the municipalities) .
It is our understanding that these Resolutions will
be acted upon on April 8 , 1985. We are still in the process
of collecting all the executed State Allocation Transfer Agree-
ments from the various municipalities within Weld County.
Hopefully, we will have all of these agreements finalized by
the April 8th meeting.
If you have any questions or comments, please do not
hesitate to call us.
Very't ly ,yours,
" out s,, . -J slop
DWJ/mk
Enclosures
STATE ALLOCATION TRANSFER ACREFMENT
This State Allocation Transfer Agreement is between the
Town of Hudson, Colorado (the "Town") and Weld County, Colorado (the
"County") .
1 . Preliminary Statement . Among the matters of mutual
inducement which have resulted in the execution of this State
Allocation Transfer Agreement are the following:
(a) The Town and the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes (the "Project Act") ,
to finance properties to the end that more adequate residential hous-
ing facilities for low- and middle-income families and persons may be
provided.
(b) Section 103A of the Internal Revenue Code of 1954 (the
"Code") restricts the amount of tax exempt obligations which may be
issued by the Colorado Housing Finance Authority (the "Authority")
and local governmental units in the State of Colorado (the "State")
to finance single-family mortgages to an amount not exceeding the
State Ceiling as defined in the Code (the "State Ceiling") .
(c) Pursuant to the Code, the State has provided for a for-
mula for allocation of the State Ceiling among the governmental units
in the State different from the federal allocation formula, in a
recently enacted law (the "Allocation Act") .
(d) The Allocation Act authorizes governmental units in the
State to transfer all or part of their allocations provided for in
the Allocation Act to any other entity otherwise authorized to issue
bonds to finance single-family mortgages and to accept transfers of
such allocations.
(e) Neither the execution and delivery of this State
Allocation Transfer Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this State Allocation Transfer Agreement con-
flicts with or results in a breach of any of the terms, conditions or
provisions of any legal restriction or any agreement or instrument to
which the Town or the County is now a party or by which the Town or
the County is bound, or constitutes a default under any of the
foregoing.
2 . Transfers by the Town. Pursuant to the Allocation
Act, the Town transfers to the County its allocation under the
Allocation Act for the year 1985 to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the Town. The Town covenants so long as this
State Allocation Transfer Agreement remains in effect during 1985
that before January 1 , 1986 it will not issue any bonds, notes or
other securities under the Project Act to finance mortgage loans for
residential housing facilities for low- and middle-income families or
persons within the Town or transfer any portion of its allocation
under the Allocation Act to another governmental unit.
3 . cceptance of Transfers by the County. Pursuant to
the Allocation Act, the County hereby accepts the transfers to it by
the Town of the allocation of the Town under the Allocation Act for
the year 1985 .
4 . General Provisions.
(a) This State Allocation Transfer Agreement is hereby
declared irrevocable during the term of the agreements to be entered
into by the County and the financial institutions which will origi-
nate and service the mortgage loans, and this State Allocation
Transfer Agreement shall terminate upon the termination of such
agreements.
(b) This State Allocation Transfer Agreement shall automat-
ically terminate on January 1 , 1986, if the County has not by that
date issued its revenue bonds under the Project Act for the purpose
of financing mortgage loans to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the Town.
IN WITNESS WHEREOF, the parties hereto have entered into
tl s State Allocation Transfer Agreement this s ``` day of
/n.,,^A, , 1985 .
THE TOWN OF HUDSON, COLORADO
(SEAL) By
Mayor
Attest:
r / ,_1/
!/ Town Clerk
-2-
•
WELD COUNTY, COLORADO
(SEAL) By\-
ChiAiftman of theLWoard of County
Commissioners
Attest :
County Clerk
-3-
STATE ALLOCATION TRANSFER AGREEMENT
This State Allocation Transfer Agreement is between the
Town of Johnstown, Colorado (the "Town" ) and Weld County, Colorado
(the "County") .
1 . preliminary Statement . Among the matters of mutual
inducement which have resulted in the execution of this State
Allocation Transfer Agreement are the following:
(a) The Town and the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes (the "Project Act") ,
to finance properties to the end that more adequate residential hous-
ing facilities for low- and middle-income families and persons may be
provided.
(b) Section 103A of the Internal Revenue Code of 1954 (the
"Code") restricts the amount of tax exempt obligations which may be
issued by the Colorado Housing Finance Authority (the "Authority")
and local governmental units in the State of Colorado (the "State")
to finance single-family mortgages to an amount not exceeding the
State Ceiling as defined in the Code (the "State Ceiling") .
(c) Pursuant to the Code, the State has provided for a for-
mula for allocation of the State Ceiling among the governmental units
in the State different from the federal allocation formula, in a
recently enacted law (the "Allocation Act") .
(d) The Allocation Act authorizes governmental units in the
State to transfer all or part of their allocations provided for in
the Allocation Act to any other entity otherwise authorized to issue
bonds to finance single-family mortgages and to accept transfers of
such allocations.
(e) Neither the execution and delivery of this State
Allocation Transfer Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this State Allocation Transfer Agreement con-
flicts with or results in a breach of any of the terms, conditions or
provisions of any legal restriction or any agreement or instrument to
which the Town or the County is now a party or by which the Town or
the County is bound, or constitutes a default under any of the
foregoing.
2 . Transfers •y the Town. Pursuant to the Allocation
Act, the Town transfers to the County its allocation under the
Allocation Act for the year 1985 to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the Town. The Town covenants so long as this
State Allocation Transfer Agreement remains in effect during 1985
that before January 1 , 1986 it will not issue any bonds, notes or
other securities under the Project Act to finance mortgage loans for
residential housing facilities for low- and middle-income families or
persons within the Town or transfer any portion of its allocation
under the Allocation Act to another governmental unit.
3 . Acceptance of Transfers by the County. Pursuant to
the Allocation Act, the County hereby accepts the transfers to it by
the Town of the allocation of the Town under the Allocation Act for
the year 1985 .
4 . General Provisions.
(a) This State Allocation Transfer Agreement is hereby
declared irrevocable during the term of the agreements to be entered
into by the County and the financial institutions which will origi-
nate and service the mortgage loans, and this State Allocation
Transfer Agreement shall terminate upon the termination of such
agreements.
(b) This State Allocation Transfer Agreement shall automat-
ically terminate on January 1 , 1986, if the County has not by that
date issued its revenue bonds under the Project Act for the purpose
of financing mortgage loans to provide more adequate residential
housing facilities for low- and middle-income families and persons
within the County and the Town.
IN WITNESS WHEREOF, the parties hereto have entered into
this State Allocation Transfer Agreement this 1st day of
April , 1985 .
THE TOWN OF JOHNSTO N, COLORADO
I
(SEAL) By b(/CP ?ZV&' C4/�Ut
Mayor
Attest :-)29.71,
pp
iP _c'41)1�ae4L$ktfd'-Pi.)
Town Clerk
-2-
C
WELD COUNTY, COLORADO
(SEAL) By/r
Chaixman the Eyard of County
Commissioners
Attest:Mir jj
County Clerk
/
-3-
FEDERAL ALLOCATION TRANSFER AGRFLRMENT
This Federal Allocation Transfer Agreement is between the
Town of Johnstown, Colorado (the "Town" ) and Weld County, Colorado
(the "County") .
1 . Preliminary Statement. Among the matters of mutual
inducement which have resulted in the execution of this Federal
Allocation Transfer Agreement are the following:
(a) The Town and the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29 , Colorado Revised Statutes (the "Act") , to
finance properties to the end that more adequate residential housing
facilities for low- and middle-income families and persons may be
provided.
(b) Section 103A of the Internal Revenue Code of 1954 (the
"Code") restricts the amount of tax exempt obligations which may be
issued by the Colorado Housing Finance Authority (the "Authority")
and local governmental units in the State of Colorado (the "State")
to finance single-family mortgages to an amount not exceeding the
State Ceiling as defined in the Code (the "State Ceiling") .
(c) The Code specifies an allocation formula to be used to
determine allocations of the State Ceiling amount among the Authority
and local governmental units, which formula, for the governmental
units is based on historical mortgage lending activity in each such
local governmental unit.
(d) Pursuant to the Code, the State had provided for a for-
mula for allocation of the State Ceiling among the governmental units
in the State different from the federal allocation formula, in Part 8
of Article 4 of Title 29 of Colorado Revised Statutes, until such act
was repealed, effective January 1 , 1985 .
(e) Where there are governmental units in the State with
overlapping jurisdictions, the Code authorizes the governmental unit
with jurisdiction over the smallest geographical area to transfer all
or part of such overlapping area to the governmental unit having
jurisdiction of the next smallest geographical area and otherwise
authorized to issue bonds to finance single-family mortgages and to
accept transfers of such allocations.
(f) Neither the execution and delivery of this Federal
Allocation Transfer Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this Federal Allocation Transfer Agreement
conflicts with or results in a breach of any of the terms, conditions
or provisions of any legal restriction or any agreement or instrument
to which the Town or the County is now a party or by which the Town
or the County is bound, or constitutes a default under any of the
foregoing.
2 . Transfers by the Town. Pursuant to the Code, the Town
allocates all of the area within its jurisdiction to the County for
the year 1985 for the County' s use in determining its allocation
under the Code and to provide more adequate residential housing
facilities for low- and middle-income families and persons within the
County and the Town. The Town covenants so long as this Federal
Allocation Transfer Agreement remains in effect during 1985 that
before January 1 , 1986 it will not issue any bonds, notes or other
securities under the Act to finance mortgage loans for residential
housing facilities for low- and middle-income families or persons
within the Town or transfer any portion of its allocation under the
Code or any State law to another governmental unit.
3 . Acceptance of Transfers by the County. Pursuant to
the Code, the County hereby accepts the allocations to it by the Town
of the area within the jurisdiction of the Town for the year 1985 for
the County's use in determining the County' s allocation under the
Code.
4 . General Provisions.
(a) This Federal Allocation Transfer Agreement is hereby
declared irrevocable during the term of the agreements to be entered
into by the County and the financial institutions which will origi-
nate and service the mortgage loans, and this Federal Allocation
Transfer Agreement shall terminate upon the termination of such
agreements.
(b) This Federal Allocation Transfer Agreement shall auto-
matically terminate on the effective date of any State law providing
a formula for allocation of the State Ceiling different than the
allocation formula under the Code if the County has not by that date
issued its revenue bonds under the Act for the purpose of financing
mortgage loans to provide more adequate residential housing facili-
ties for low- and middle-income families and persons within the
County and the Town.
-2-
IN WITNESS WHEREOF, the parties hereto have entered into
this Federal Allocation Transfer Agreement this 1st day of
April , 1985 .
THE TOWN/ OF, JOHNSTOWN, COLORADO
/
(SEAL) By /! ,gym,
Mayor ( /
Attest :
t/te st :
i<3-• 02��6 A ea/Lk tie 11-)
Town Clerk
WELD COUNTY, COLORADO
(SEAL) By-_aO.c4x&u.1rno ; `Pfef4_,C;f,
Chai}man„of theBoard of County
Commissioners
Attest:
tilent atA,v..-11. At44M4 n1
County Clerk
-3-
FEDERAL ALLOCATION TRANSFER_AGREEMENT
This Federal Allocation Transfer Agreement is between the
Town of Hudson, Colorado (the "Town") and Weld County, Colorado (the
"County") .
1 . preliminary Statement. Among the matters of mutual
inducement which have resulted in the execution of this Federal
Allocation Transfer Agreement are the following:
(a) The Town and the County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes (the "Act") , to
finance properties to the end that more adequate residential housing
facilities for low- and middle-income families and persons may be
provided.
(b) Section 103A of the Internal Revenue Code of 1954 (the
"Code") restricts the amount of tax exempt obligations which may be
issued by the Colorado Housing Finance Authority (the "Authority")
and local governmental units in the State of Colorado (the "State")
to finance single-family mortgages to an amount not exceeding the
State Ceiling as defined in the Code (the "State Ceiling") .
(c) The Code specifies an allocation formula to be used to
determine allocations of the State Ceiling amount among the Authority
and local governmental units, which formula, for the governmental
units is based on historical mortgage lending activity in each such
local governmental unit.
(d) Pursuant to the Code, the State had provided for a for-
mula for allocation of the State Ceiling among the governmental units
in the State different from the federal allocation formula, in Part 8
of Article 4 of Title 29 of Colorado Revised Statutes, until such act
was repealed, effective January 1 , 1985 .
(e) Where there are governmental units in the State with
overlapping jurisdictions, the Code authorizes the governmental unit
with jurisdiction over the smallest geographical area to transfer all
or part of such overlapping area to the governmental unit having
jurisdiction of the next smallest geographical area and otherwise
authorized to issue bonds to finance single-family mortgages and to
accept transfers of such allocations.
(f) Neither the execution and delivery of this Federal
Allocation Transfer Agreement, the consummation of the transactions
contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this Federal Allocation Transfer Agreement
conflicts with or results in a breach of any of the terms, conditions
or provisions of any legal restriction or any agreement or instrument
to which the Town or the County is now a party or by which the Town
or the County is bound, or constitutes a default under any of the
foregoing.
2 . Transfers by the Town. Pursuant to the Code, the Town
allocates all of the area within its jurisdiction to the County for
the year 1985 for the County' s use in determining its allocation
under the Code and to provide more adequate residential housing
facilities for low- and middle-income families and persons within the
County and the Town. The Town covenants so long as this Federal
Allocation Transfer Agreement remains in effect during 1985 that
before January 1 , 1986 it will not issue any bonds, notes or other
securities under the Act to finance mortgage loans for residential
housing facilities for low- and middle-income families or persons
within the Town or transfer any portion of its allocation under the
Code or any State law to another governmental unit.
3 . . Pursuant to
the Code, the County hereby accepts the allocations to it by the Town
of the area within the jurisdiction of the Town for the year 1985 for
the County's use in determining the County' s allocation under the
Code.
4 . General Provisions.
(a) This Federal Allocation Transfer Agreement is hereby
declared irrevocable during the term of the agreements to be entered
into by the County and the financial institutions which will origi-
nate and service the mortgage loans, and this Federal Allocation
Transfer Agreement shall terminate upon the termination of such
agreements.
(b) This Federal Allocation Transfer Agreement shall auto-
matically terminate on the effective date of any State law providing
a formula for allocation of the State Ceiling different than the
allocation formula under the Code if the County has not by that date
issued its revenue bonds under the Act for the purpose of financing
mortgage loans to provide more adequate residential housing facili-
ties for low- and middle-income families and persons within the
County and the Town.
-2-
IN WITNESS WHEREOF, the parties hereto have entered into
this Federal Allocation Transfer Agreement this .2/'"''day of
1985 .
THE TOWN OF HUDSON, COLORADO
(SEAL) By 2 .
Mayor
Attest:
t!/�j c. ,coil
` Town Clerk
WELD COUNTY, COLORADO
`
(SEAL) By�o
Chi man-)of theJBoard of County
Commissioners
Attest:
' 1I
County Clerk
-3-
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