HomeMy WebLinkAbout941098.tiff RESOLUTION
RE: AUTHORIZE THE DELEGATION TO BOULDER COUNTY, COLORADO OF THE
AUTHORITY OF WELD COUNTY WITH RESPECT TO THE ISSUANCE OF SINGLE
FAMILY MORTGAGE REVENUE BONDS (THE "BONDS")TO FINANCE AND REFINANCE
RESIDENTIAL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND
FAMILIES WITHIN THE COUNTY AND CERTAIN OTHER CITIES AND COUNTIES IN THE
STATE OF COLORADO; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE
LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County, Colorado (the "County"), and Boulder County, Colorado (the
"Issuer'), are each authorized by the County and Municipality Development Revenue Bond Act,
constituting Article 3 of Title 2, CRS, as amended (the "Act"), to finance and refinance projects as
defined in the Act, including residential housing facilities for low- and middle-income persons and
families, and
WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may
delegate by resolution or ordinance, as the case may be, to any other county or municipality authority
to act on its behalf in the financing and.refinancing of projects under the Act and that any such
delegation may be general or limited in scope and time, and may be irrevocable for the term or terms
of any financing agreement or bond issue, all as provided in such resolution or ordinance, and
WHEREAS, the Issuer proposes to issue single family mortgage revenue bonds (the "Bonds")
pursuant to the Act to finance or refinance residential housing facilities for low- and middle-income
persons and families within the County and other cities and counties in the State of Colorado (the
"Single Family Mortgage Loan Program"), and
WHEREAS, the County desires to delegate to the Issuer the authority of the County to
finance, refinance and otherwise take action and exercise power under the Act on behalf of the
County with respect to the Single Family Mortgage Loan Program within the County, and
WHEREAS, it is necessary to evidence such delegation by the execution and delivery by the
County of a Delegation Agreement (the "Delegation Agreement"), marked as Exhibit A, a copy of
which is attached hereto and incorporated herein by reference, between the County and the Issuer
in substantially the form presented at this meeting.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
941098
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RE: AUTHORIZE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS
PAGE 2
Section 1. In order to facilitate the origination of single family mortgage loans within the
boundaries of the County as part of the Single Family Mortgage Loan Program, the County hereby
(i) delegates to the Issuer the authority of the County to finance, refinance and otherwise take action
and exercise power under the Act on behalf of the County with respect to the Single Family Mortgage
Loan Program within the County; and (ii) approves, authorizes, and directs the Chairman of the
Board of County Commissioners to sign and deliver, and the Clerk to the Board to attest and deliver,
the Delegation Agreement in substantially the form presented at this meeting. A copy of the
proposed Delegation Agreement is attached hereto, and is available for inspection by the public.
Section 2. The Clerk to the Board is hereby authorized and directed to cause to be
published, in the County's legal newspaper, a Notice of Public Hearing regarding the Bonds and the
Single Family Mortgage Loan Program and the County's approval thereof, and any action previously
taken by the Clerk to the Board with respect to the publication of such a notice is hereby ratified and
confirmed.
Section 3. The Board of County Commissioners hereby approves the Bonds and the Single
Family Mortgage Loan Program for purposes of Section 147(f) of the Internal Revenue Code of 1986,
as amended.
Section 4. The Chairman of the Board of County Commissioners is hereby authorized and
directed to execute and deliver, and the Clerk to the Board is hereby authorized and directed to
attest and deliver, such other agreements and certificates and to take such other actions as may be
necessary or convenient to carry out and give effect to the Delegation Agreement and this
Resolution, including any agreement or certificate approving the Bonds or the Single Family
Mortgage Loan Program for purposes of Section 147(f) of the Internal Revenue Code of 1986, as
amended.
Section 5. Nothing contained in this Resolution shall constitute a debt, indebtedness or
multiple-fiscal year direct or indirect debt or other financial obligation of the County within the
meaning of the Constitution or statutes of the State of Colorado 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 6. 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 any such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 7. This Resolution shall be in full force and effect upon its passage and approval.
941098
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RE: AUTHORIZE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of November, A.D., 1994.
/+/ BOARD OF COUNTY COMMISSIONERS
ATTEST: „Yiy WELD COUNTY, COLORADO
LE G� /V
Weld County Clerk to the Board 1 J17 //}j)/1-7)1”1)
. H` ebster, a ma
BY: / n
puty Clerk the Board Dale . Hall, Pro-Tem
APPROVED AS TO FO
/George . axter
Couhfy Attorn y Constance L. Harbert / //
/ luL�c2 jerl/ :h/67/7C.7/4 .
/ Barbara J. Kirkm y
941098
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EXHIBIT A
DELEGATION AGREEMENT
THIS DF.i.FGATION AGREEMENT (this "Delegation Agreement") is between WELD
COUNTY, COLORADO, a county and political subdivision of the State of Colorado (the
"County"), and BOULDER COUNTY, COLORADO, a county and political subdivision of the
State of Colorado (the "Issuer").
RECITALS:
WHEREAS, the County and the Issuer are each authorized by the County and
Municipality Development Revenue Bond Act, constituting article 3 of title 29, Colorado
Revised Statutes, as amended (the "Act"), to finance and refinance projects as defined in the
Act, including residential housing facilities for low- and middle-income persons and families;
and
WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may
delegate by resolution or ordinance, as the case may be, to any other county or municipality
authority to act on its behalf in the financing and refinancing of projects under the Act and that
any such delegation may be general or limited in scope and time and may be irrevocable for the
term or terms of any financing agreement or bond issue, all as provided in such resolution or
ordinance; and
WHEREAS, the Issuer proposes to issue single family mortgage revenue bonds pursuant
to the Act (the "Bonds") to fmance or refinance residential housing facilities for low- and
middle-income persons and families within the County and other cities and counties in the State
of Colorado (the "Single Family Mortgage Loan Program"); and
WHEREAS, the County desires to delegate to the Issuer the authority of the County to
finance, refinance and otherwise take action and exercise power under the Act on behalf of the
County with respect to the Single Family Mortgage Loan Program within the County.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, the County and the Issuer hereby agree as follows:
Section 1. The County hereby delegates to the Issuer the authority of the County to
finance, refinance and otherwise take action and exercise power under the Act on behalf of the
County with respect to the Single Family Mortgage Loan Program within the County.
Section 2. The Issuer hereby (i) accepts the delegation of authority from the County
pursuant to Section 1 hereof and (ii) agrees to abide by each of the terms and conditions of this
Delegation Agreement in connection with the use of such delegation.
A-1
941098
EXHIBIT A
PAGE 2
IN WITNESS WHEREOF, the County and the Issuer have caused this Delegation
Agreement to be executed to be effective as of November 7 , 1994.
[SEAL] WELD COUNTY, COLORADO
By _f/ V / Jo?N- ti
D PdaAet
Chair, Board of County Commissioners
Attest:
By aL A i/ :
cclerk to the em B and
[SEAL] BOULDER COUNTY, COLORADO, as Issuer
By
Chair, Board of County Commissioners
Attest:
By
County Clerk
A-2
941098
CERTIFICATE OF WELD COUNTY, COLORADO
Relating to
BOULDER COUNTY, COLORADO
SINGLE FAMILY MORTGAGE REVENUE BONDS
SERIES 1994
The undersigned Chairman of the Board of County Commissioners (the "Board") and Clerk
to the Board of Weld County, Colorado (the "County") hereby certify that:
1. Resolution. Attached hereto is a true and correct copy of a Resolution of the Board that
was adopted by the Board in accordance with applicable law on the 7th day of November, 1994, (the
"Resolution"). All meetings of the Board at which action relating to the Resolution was taken were
properly noticed in the manner and at the times required by law, were open at all times to the general
public and were attended by a quorum of the Board. The Resolution has been signed, attested,
sealed and made a permanent part of the records of the Board in accordance with applicable law;
is in full force and effect; and has not been amended, modified or repealed since its adoption.
2. Delegation Agreement. Attached hereto as Exhibit A is a true and correct copy of a
Delegation Agreement dated as of the 7th day of November, 1994, (the "Delegation Agreement")
between the County and Boulder County, Colorado (the "Issuer"). The Delegation Agreement has
been duly authorized, executed and deliverd to the County and, upon due authorization, execution
and delivery by the Issuer, will constitute a valid and binding obligation of the County, enforceable
against the County in accordance with its terms.
3. Publication of Notice of Public Hearing. Attached hereto as Exhibit B is an Affidavit of
Publication (or similar evidence) that a notice in substantially the following form (the "Notice of Public
Hearing") was published in a newspaper of general circulation within the County at least 14 days
prior to the date of the public hearing described therein:
• NOTICE OF PUBLIC HEARING
Docket No. 94-75
NOTICE IS HEREBY GIVEN that at a regular meeting of the Board of County
Commissioners of Weld County, Colorado, to be held on November 7, 1994, in the
First Floor Meeting Room, 915 10th Street, Greeley, Colorado, at the hour of 9:00
a.m., the board of County Commissioners will hold a public hearing to consider the
approval by Weld County of the issuance of single family mortgage revenue bonds
in one or more series in the maximum aggregate principal amount of $45,000,000
(the "Bonds") by Boulder County, Colorado (the "Issuer"). A portion of the proceeds
of the Bonds will be used to finance or refinance mortgage loans with respect to the
acquisition or rehabilitation of single family, owner-occupied residential facilities for
low- and middle-income persons or families in the County; other proceeds of the
Bonds will be used to finance similar mortgage loans within the jurisdictions of the
Issuer and other counties and cities in the State of Colorado which delegate to the
Issuer the authority to finance mortgage loans in such counties and cities
(collectively, the"Single Family Mortgage Loan Program"). All interested persons are
invited to attend the public hearing and to express their views, both orally and in
941098
FI0018
writing, on the proposed issuance of the Bonds and the location and nature of the
Single Family Mortgage Loan Program.
WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY: DONALD a WARDEN
CLERK TO THE BOARD
BY: Carol A. Harding
Deputy Clerk to the Board
DATED: October 17, 1994
PUBLISHED: October 20, 1994, in the Windsor Beacon
4. Approval of Bonds and Project The public hearing described in the Notice of Public
Hearing was held on the date, at the time and at the location described in the notice. At such public
hearing, all interested persons were given an opportunity to express their views, both orally and in
writing, on the proposed issuance of the Bonds and the location and nature of the Single Family
Mortgage Loan Program.
IN WITNESS WHEREOF, we have hereunto set our hands this 7th day of November, A.D.,
1994.
WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
ATTEST GJZ
cie
Weld County Clerk to the Bo rd
W. H. Webs er, Chairman
BY:
Deputy Clerk to the Board
941098
F10018
NOTICE OF PUBLIC HEARING
Docket No. 94-75
NOTICE IS HEREBY GIVEN that at a regular meeting of the Board of County
Commissioners of Weld County, Colorado, to be held on November 7, 1994, in the First Floor
Meeting Room, 915 10th Street, Greeley, Colorado, at the hour of 9:00 a.m., the board of County
Commissioners will hold a public hearing to consider the approval by Weld County of the issuance
of single family mortgage revenue bonds in one or more series in the maximum aggregate principal
amount of$45,000,000 (the "Bonds") by Boulder County, Colorado (the "Issuer"). A portion of the
proceeds of the Bonds will be used to finance or refinance mortgage loans with respect to the
acquisition or rehabilitation of single family, owner-occupied residential facilities for low-and middle-
income persons or families in the County; other proceeds of the Bonds will be used to finance
similar mortgage loans within the jurisdictions of the Issuer and other counties and cities in the
State of Colorado which delegate to the Issuer the authority to finance mortgage loans in such
counties and cities (collectively, the "Single Family Mortgage Loan Program"). All interested
persons are invited to attend the public hearing and to express their views, both orally and in
writing, on the proposed issuance of the Bonds and the location and nature of the Single Family
Mortgage Loan Program.
WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Carol A. Harding
Deputy Clerk to the Board
DATED: October 17, 1994
PUBLISHED: October 20, 1994, in the Windsor Beacon
•
941099
AFFIDAVIT OF PUBUCATION
STATE OF COLORADO
SS
COUNTY OF WELD
I, ROGER A. LIPKER, of said County of Weld, being duly
sworn,say that I am publisher of •
xneGLIZZrua WINDSOR BEACON
HUM gaga loans wits the iunedic-
Docket No.94-75 Sons of the Star and other
counties and cities In the State a weekly newspaper having a general circulation in said
NOTICE IS HEREBY GIVEN of Colorado which delegate to County and State, published in the town of WINDSOR, in
that at a regular meeting of the the Issuer the authority to
Board of County finance mortgage loans in said County and State; and that the notice, of which the
commissioner, of grog such counties and cites(col- annexed7 a true copy, has been published in said weekly
coolly,Colorado to be hsitl 'actively, the "Single Family
on November 7,1994 In the Mortgage Loan Program"). All for successive weeks, that the notice was
First Roar Meeting Roan.915 interested persons are invited published in the regular and entire issue of every number of
Cofn olo Street Greeley, to
of attend the public hearing
, the paper during the period and time of publication, and in
Colorado.at the hour of 9:00 and toor express their views,
a.m., the board it County both py and in writing, on the newspaper proper and not in a supplement, and that
Commissioners will hold a the proposed issuance of the the firstpublication of said notice was in saidpaper bearing
pubic hearing to consider tee Bonds and the- location and
s%/aal w weld count, of nature of the Single Family the date of the
ma iuuenca or skits see Mortgage Loan Program.
mortgage revenue bonds m _day of , A.D., 19 9� and the
one or more series in the max- WELD COUNTY,COLORADO' last publication bearing the date of the
imam aggregate principal BOARD OF COUNTY COM- day of A-D-, 19 and that
amount of $45,000,000 Idle MISSIONERS
'Bonds") by Boulder County, BY:DONALD D.WARDEN the said WINDSOR BEACON has been published
rado(the'Issuer). A por- CLERK TO THE BOARD
loocontinuously and uninterruptedly for the perind of 5
tldn of the proceeds of the
Bonds will be used to finance consecutive weeks, in said County and State, pfc the
or refinance mortgage loans BY:Carol A.Harding
Deputy Clerk to the Board date of first publication of said notice, and the same is a
with respect Wthe acquisition
or rehabilitation of singletami- newspaper within the meaning of an Act to regulate printing
aup
y,owner a ea resiresidentialresidentialDATED:OdaborlT,1891.l of legal notices and advertisements, approved May 18,
facihiee for krar iTid (wished M Ile Windsor 1931, and all prior acts so far as in force.
middle-intone pries. sir
families In the coot.as race•••00Wier 20,flit
uoane BondsflySwii-
ussedd t to finance
ISHER
.1 it.
Subscribed.and sworn to before me this c4 d day of
/77c ti 19 /
•
40.4 C //Lc
NOTARY PUBLIC
My commission expires �F/ '—� !
•
941099
NOTICE
Docket No. 94-75A
NOTICE IS HEREBY GIVEN on November 7, 1994, a public hearing was held in the Chambers of
the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915
10th Street, First Floor, Greeley, Colorado, to consider the issuance of Single Family Mortgage
Revenue Bonds for low- and middle-income families through Boulder County. All persons interested
in this matter were requested to attend. At said meeting, the Board of County Commissioners
approve a resolution entitled: "Authorize the Delegation to Boulder County, Colorado, of the
Authority of Weld County with Respect to the Issuance of Single Family Mortgage Revenue Bonds
to Finance and Refinance Residential Housing Facilities for Low- and Middle-income Persons and
Families Within the County and Certain Other Cities and Counties in the State of Colorado;
Approving Such Bonds and Single Family Mortgage Loan Program; and Authorize the Execution and
Delivery of a Delegation Agreement and Other Documents in Connection Therewith."
BE IT ALSO KNOWN that the text of said Resolution may be examined in the office of the Clerk to
the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Carol A. Harding,
DEPUTY CLERK TO THE BOARD
DATED: November 7, 1994
PUBLISHED: November 10, 1994, in the Windsor Beacon
941098
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
5$
laTin • COUNTY OF WELD
I, ROGER A. LIPKER, of said County of Weld, being duly
l - r WM on sworn,say that I am publisher of
7,a ape hoes-
ing the w toldeori w re of
Canaan aWM County, WINDSOR BEACON
- Colorado, BSI -0wnryCenten ,
Street"FFast al Fir,915 10th
Greeley. a weekly newspaper having a general circulation in said
Colorado, to consider the
mean of Slope Family County and State, published in the town of WINDSOR, in
Mortgageloe-and Revenue midis-income said County and State; and that the notice, of which the
through Boulder in this
Pre annexed is a true copy, has been published in said weekly
was interested In as matrr
were requested oe'd ,vane for successive weeks, that the notice was
r °x:ler°",er.° ounty
Troveof e rise- published in the regular and entire issue of every number of
rdon angled: Auarrae the 9
Delegation to Boulder CO. a, the paper during the period and time of publication, and in
Colorado,Piths Authority of Weld
County with Respect to the the newspaper proper and not in a supplement, and that
issuance ofRe Single sand lm the first publication of said notice was in said paper bearing
Finns and Refinance the date of the
Residential wisiv Fine for
Low- end doe-income //Tit day of `14 1 -t, _ -rt- A.D., 19 C7 and the
Person and Famies WBh,the
any wad Germ eCites last publication bearing the date of the
Colorado, Such Bonds day of A.D., 19_ and that
end slope Fa Morn: the said WINDSOR BEACON has been published
Exec a d D
Execution Program; Delivery of a continuously and uninterruptedly for the period of 5
DDococum�ents in Agreementand Other
Connection consecutive weeks, in said County and State, prior to the
date of first publication of said mice, and the same is a
BE idFiddSkthat to exam- newspaper within the meaning of an Act to regulate printing
mid KNOWN mry atemnt
lned In Board of
Crdcr of legal notices and advertisements, approved May 18,
the
, aiwered County th 1931, and all prior acts so far as in force.
Weld Coma Centennial Center,
915 0 1ID 0, tern Tic Floor,
S ‘ct.A.
6,, f//Greeley,Colorado.B0MDS C0IMTYCDMAIS-
SK7NER8 —
WaD C0UNTY,COLORADO 0 JJB ISHER BY:DONALD D.WARDEN �� '^�j?^ day of
WELD COUNTY CLERK TO THE Subscribed-7 and sworn to before me this
BOARD /0-1/4/12441_ 19gY
BY:Carol A Harding,
DEPUTY CLERK TO THE �1
BOARD At/SS "\ e i.e--2'I'L ✓.1 1-Y
rillatdaea lilt. • NOTARY PUBLIC
RAMS M IN Seat
Braes lNeeer It IoM. My commission expires 7
2-, / 9 9__,
•
941098
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