HomeMy WebLinkAbout20210436.tiffRESOLUTION
RE: APPROVE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND
FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD
COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING
ALLOCATION ACT
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 is authorized and empowered under the laws of the State of
Colorado (the "State") to issue revenue bonds for the purpose of providing single-family mortgage
loans to low- and moderate -income persons and families, and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the
amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to provide
such mortgage loans and for certain other purposes, and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private
Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes
(the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing
and Finance Authority (the "Authority") and other governmental units in the State, and further
providing for the assignment of such allocations from such other governmental units to the
Authority, and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act,
Weld County has an allocation of the 2021 State Ceiling for the issuance of a specified principal
amount of Private Activity Bonds prior to September 15, 2021 (the "2021 Allocation"), and
WHEREAS, the Weld County Board of Commissioners has determined that, in order to
increase the availability of adequate affordable housing for low- and moderate -income persons
and families within Weld County and elsewhere in the State, it is necessary or desirable to provide
for the utilization of all or a portion of the 2021 Allocation, and
WHEREAS, the Weld County Board of Commissioners has determined that the 2021
Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to
issue Private Activity Bonds for the purpose of financing one or more multi -family rental housing
projects for low- and moderate -income persons and families or to issue Private Activity Bonds for
the purpose of providing single-family mortgage loans to low- and moderate -income persons and
families ("Revenue Bonds") or for the issuance of mortgage credit certificates, and
cc: FI.(D(9/So), ACT(Bc/cD), CAN)
3 ti /2.I
2021-0436
F10074
AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY
OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
PAGE 2
WHEREAS, the Board of Weld County Commissioners of County of Weld has determined
to assign $8,559,619.00 of its 2021 Allocation to the Authority, which assignment is to be
evidenced by an Assignment of Allocation between the County of Weld and the Authority (the
"Assignment of Allocation").
NOW, THEREFORE, BE IT RESOLVED by the Board of Weld County Commissioners of
County of Weld as follows:
1. The assignment to the Authority of $8,559,619.00 of Weld County's 2021
Allocation be and hereby is approved.
2. The form and substance of the Assignment of Allocation be and hereby are
approved; provided, however, that the Chair of the Board of Weld County
Commissioners be, and hereby is, authorized to make such technical variations,
additions or deletions in or to such Assignment of Allocation as they shall deem
necessary or appropriate and not inconsistent with the approval thereof by this
Tesolution.
3. The Chair of the Board of Weld County Commissioners be, and hereby is,
authorized to execute and deliver the Assignment of Allocation on behalf of Weld
County and to take such other steps or actions as may be necessary, useful or
convenient to effect the aforesaid assignment in accordance with the intent of this
resolution.
4. 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.
5. This Resolution shall be in full force and effect upon its passage and approval.
2021-0436
F10074
AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY
OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditkit) fic 41104.41
Stev M•reno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
Lori S
P=rry L. B
APPED
ounty Attorney
Date of signature: O,2Ag /2.(
es, Pro -T
2021-0436
F10074
WELD CERTIFICATE OF WELD COUNTY, COLORADO
CONCERNING ASSIGNMENT OF
PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION
I, the undersigned, hereby certify that I am a duly chosen, qualified and County Attorney
of Weld County, Colorado (the "County"), and that:
1. The County is a legally and regularly created, established, organized, and existing
county under the Constitution and laws of the State of Colorado, its full corporate name being
"Weld County, Colorado."
2. The County has been previously notified that, pursuant to Section 24-32-1706 of
the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24,
Colorado Revised Statutes (the "Allocation Act"), it has an allocation of the State ceiling (as
defined in the Allocation Act) for 2021 in the amount of $8,559,619.00 (the "2021 Allocation").
3. Attached hereto as Exhibit A is a true and correct copy of a resolution and the
related minutes thereto (the "Resolution") authorizing the assignment to the Colorado Housing
and Finance Authority (the "Authority") of all or a portion of the 2021 Allocation in an amount
equal to $8,559,619.00 (the "Assigned Allocation"), and authorizing the execution and delivery
of an Assignment of Allocation dated as of February 10, 2021 (the "Assignment of Allocation")
between the County and the Authority in connection therewith, which Resolution was duly
adopted by the Board of County Commissioners of the County (the "Board") at a meeting
thereof held on February 10, 2021, at which meeting a quorum was present and acting
throughout and which Resolution has not been revoked, rescinded, repealed, amended or
modified and is in full force and effect on the date hereof.
4. The meeting of the Board at which action has been taken with respect to the
Assignment of Allocation was a regular meeting properly called and open to the public at all
times.
5. With respect to the Assigned Allocation, the County has not heretofore: (a) issued
private activity bonds; (b) assigned the Assigned Allocation to another "issuing authority," as
defined in the Allocation Act; (c) made a mortgage credit certificate election; or (d) treated the
Assigned Allocation as an allocation for a project with a carryforward purpose, as defined in the
Allocation Act.
6. The Assignment of Allocation, attached hereto as Exhibit B, is in the form
presented to and approved by the Board at the meeting thereof held on February 10, 2021.
7. On or before the date hereof, counterparts of the Assignment of Allocation were
officially executed by the Chair of the Board of County Commissioners and the County Clerk of
the County. On the date of such signing, such persons were the duly sworn, qualified and acting
officers of the County authorized to execute the Assignment of Allocation and holding the
offices of the Chair of the Board of County Commissioners and County Clerk, respectively.
2021-0436
8. The County has authorized the execution, delivery and due performance of the
Assignment of Allocation, and the execution and delivery of the Assignment of Allocation and
the compliance by the County with the provisions thereof, will not, to the best of my knowledge,
conflict with or constitute on the part of the County a breach of or a default under any existing
Colorado law, County resolution, court or administrative regulation, decree or order or any
agreement or other instrument to which the County is subject or by which it is bound.
9. To the best of my knowledge, there does not exist any action, suit, proceeding or
investigation pending, or threatened against the County, contesting (a) the corporate existence of
the County, (b) the title of its present officers or any of them to their respective offices,
including, without limitation, the members of the Board, (c) the validity of the Assignment of
Allocation or (d) the power of the County to execute, deliver or perform the Assignment of
Allocation.
10. No referendum petition has been filed concerning the Resolution; and to the best
of my knowledge none is being circulated or planned for circulation.
WITNESS my hand and the seal of the Count�y,_t le day of February 2021.
(SEAL)
2
County Attorney
EXHIBIT A
RESOLUTION
A-1
COPc6
RESOLUTION
RE: APPROVE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND
FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD
COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING
ALLOCATION ACT
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 is authorized and empowered under the laws of the State of
Colorado (the "State") to issue revenue bonds for the purpose of providing single-family mortgage
loans to low- and moderate -income persons and families, and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the
amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to provide
such mortgage loans and for certain other purposes, and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private
Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes
(the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing
and Finance Authority (the "Authority") and other governmental units in the State, and further
providing for the assignment of such allocations from such other governmental units to the
Authority, and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act,
Weld County has an allocation of the 2021 State Ceiling for the issuance of a specified principal
amount of Private Activity Bonds prior to September 15, 2021 (the "2021 Allocation"), and
WHEREAS, the Weld County Board of Commissioners has determined that, in order to
increase the availability of adequate affordable housing for low- and moderate -income persons
and families within Weld County and elsewhere in the State, it is necessary or desirable to provide
for the utilization of all or a portion of the 2021 Allocation, and
WHEREAS, the Weld County Board of Commissioners has determined that the 2021
Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to
issue Private Activity Bonds for the purpose of financing one or more multi -family rental housing
projects for low- and moderate -income persons and families or to issue Private Activity Bonds for
the purpose of providing single-family mortgage loans to low- and moderate -income persons and
families ("Revenue Bonds") or for the issuance of mortgage credit certificates, and
2021-0436
F10074
AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY
OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
PAGE 2
WHEREAS, the Board of Weld County Commissioners of County of Weld has determined
to assign $8,559,619.00 of its 2021 Allocation to the Authority, which assignment is to be
evidenced by an Assignment of Allocation between the County of Weld and the Authority (the
"Assignment of Allocation").
NOW, THEREFORE, BE IT RESOLVED by the Board of Weld County Commissioners of
County of Weld as follows:
1. The assignment to the Authority of $8,559,619.00 of Weld County's 2021
Allocation be and hereby is approved.
2. The form and substance of the Assignment of Allocation be and hereby are
approved; provided, however, that the Chair of the Board of Weld County
Commissioners be, and hereby is, authorized to make such technical variations,
additions or deletions in or to such Assignment of Allocation as they shall deem
necessary or appropriate and not inconsistent with the approval thereof by this
Tesolution.
3. The Chair of the Board of Weld County Commissioners be, and hereby is,
authorized to execute and deliver the Assignment of Allocation on behalf of Weld
County and to take such other steps or actions as may be necessary, useful or
convenient to effect the aforesaid assignment in accordance with the intent of this
resolution.
4. 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.
5. This Resolution shall be in full force and effect upon its passage and approval.
2021-0436
F10074
AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY
OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deseavij 4104;K
Stev M•reno, Chair
Weld County Clerk to the Board
BY:
IJU�,
Deputy Clerk to the Boar
P=rry L. B
APP
Lori S
ounty Attorney
Date of signature: Oa/la2 /2-(
es, Pro -T
2021-0436
F10074
EXHIBIT B
ASSIGNMENT OF ALLOCATION
B-1
Chfa. assignment of allocation - county
Multifamily Housing Facility Bonds/Single Family Mortgage Revenue Bonds
This Assignment of Allocation (the "Assignment"), dated this 10th day of February 2021, is
between the County of Weld, Colorado (the "Assignor" or the "Jurisdiction") and Colorado
Housing and Finance Authority (the "Assignee").
WITNESSETH:
WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the
State of Colorado (the "State") to issue revenue bonds for the purpose of financing qualified
residential rental projects for low- and moderate -income persons and families; and
WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the
State of Colorado (the "State") to issue revenue bonds for the purpose of providing single- family
mortgage loans to low- and moderate -income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of
tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to finance such
projects and for certain other purposes (the "State Ceiling"); and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity
Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the
"Allocation Act"), providing for the allocation of the State Ceiling among the Assignee and other
governmental units in the State, and further providing for the assignment of allocations from
such other governmental units to the Assignee; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Assignor
has an allocation of the 2021 State Ceiling for the issuance of a specified principal amount of
Private Activity Bonds prior to September 15, 2021, (the "2021 Allocation"); and
WHEREAS, the Assignor has determined that, in order to increase the availability of adequate
affordable rental housing for low- and moderate -income persons and families within the
Jurisdiction, Colorado and elsewhere in the State, it is necessary or desirable to provide for the
utilization of all or a portion of the 2021 Allocation; and
WHEREAS, the Assignor has determined that the 2021 Allocation, or a portion thereof, can be
utilized most efficiently by assigning it to the Assignee to issue Private Activity Bonds for the
purpose of financing one or more multifamily rental housing projects for low- and moderate -
income persons and families or to issue Private Activity Bonds for the purpose of providing single-
family mortgage loans to low- and moderate -income persons and families ("Revenue Bonds"),
and the Assignee has expressed its willingness to attempt to issue Revenue Bonds with respect
to the 2021 Allocation assigned herein; and
WHEREAS, the Board of County Commissioners of the Assignor has determined to assign to the
Assignee all or a portion of its 2021 Allocation, and the Assignee has agreed to accept such
assignment, which is to be evidenced by this Assignment.
NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set
forth, the parties hereto agree as follows:
1. The Assignor hereby assigns to the Assignee $8,559,619.00 of its 2021 Allocation (the
"Assigned Allocation"), subject to the terms and conditions contained herein. The Assignor
represents that it has received no monetary consideration for said assignment.
2. The Assignee hereby accepts the assignment to it by the Assignor of the Assigned Allocation,
subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts
to issue and sell Revenue Bonds in an aggregate principal amount equal to or greater than the
Assigned Allocation, in one or more series, and to make proceeds of such Revenue Bonds
available from time to time for a period of one (1) year from the date of this Assignment to
finance multifamily rental housing projects located in the Jurisdiction, or to issue Revenue Bonds
for the purpose of providing single-family mortgage loans to low- and moderate income persons
and families in the Jurisdiction.
3. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion
so decides, to treat all or any portion of the Assigned Allocation as an allocation for a project with
a carryforward purpose or to make a mortgage credit certificate election, in lieu of issuing
Revenue Bonds.
4. The Assignor and Assignee each agree that it will take such further action and adopt such
further proceedings as may be required to implement the terms of this Assignment.
5. Nothing contained in this Assignment shall obligate the Assignee to finance any particular
multi -family rental housing project located in the Jurisdiction or elsewhere or to finance single-
family mortgage loans in any particular amount or at any particular interest rate or to use any
particular percentage of the proceeds of its Revenue Bonds to provide mortgage loans or
mortgage credit certificates to finance single-family housing facilities in the Jurisdiction, provided
that any Revenue Bond proceeds attributable to the Assigned Allocation shall be subject to
paragraph 2 above.
6. This Assignment is effective upon execution and is irrevocable.
7. Counterparts. This Assignment may be executed in one or more counterparts, each of which
will be deemed an original, but all of which together will constitute one and the same instrument.
Delivery of an executed counterpart of a signature page of this Assignment by electronic image
scan transmission will be effective as delivery of a manually executed counterpart of the
Assignment.
2
IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the date first
written above.
County of Weld, Colorado
By:
Name: Steve Moreno FEB 1 0 2021
Title: Chair,
Board of Weld County Commissioners
COLORADO HOUSING AND FINANCE
AUTHORITY
By:
Name:
Title:
3
C.{,. c:.
02.0.11,4o44,
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Don Warden
Friday, February 5, 2021 1:57 PM
Esther Gesick; Bruce Barker
Ryan Rose
2021 Private Activity Assignment
2021 Private Activity Bond County Attorney Certificate FORM (002).doc; 2021 Private
Activity Bond Assignment Resolution.docx; 2021 Private Activity BondAssignment of
Allocation.docx
Esther, will you please put the attached on the BOCC agenda for next Wednesday, February 10, 2021. It is the same
format as last year's with different amounts. Bruce, will you sign the County Attorney certification and give to Esther.
Again it is the same format as last year's with different amounts.
Thanks! You both have a great Super Bowl weekend!!
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
i
Hello