HomeMy WebLinkAbout20142777 RESOLUTION
RE: APPROVE AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS
HOUSING AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD
COUNTY, COLORADO, 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, the Board of County Commissioners of Weld County, Colorado, is
authorized and empowered under the laws of the State of Colorado (the "State") to issue
tax-exempt bonds for the purpose of assisting in the financing the acquisition and rehabilitation
of rental housing projects for low and moderate income persons and families in Fort Collins,
Larimer County, Colorado, 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 City of
Fort Collins Housing 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,
the Board of County Commissioners of Weld County, Colorado, has an allocation of the 2014
State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to
September 15, 2014 (the "2014 Allocation"), and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
determined that, in order to increase the availability of adequate affordable housing for low- and
moderate-income persons and families within Weld County, Colorado, and elsewhere in the
State, it is necessary or desirable to provide for the utilization of all or a portion of the 2014
Allocation, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
determined that the 2014 Allocation, can be utilized most efficiently by assigning it to the
Authority to issue Private Activity Bonds for the purpose of assisting in the financing the
acquisition and rehabilitation of rental housing projects for low and moderate income persons
and families in Fort Collins, Larimer County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
determined to assign $8,390,900 of its 2014 Allocation to the Authority, which assignment is to
be evidenced by an Assignment of Allocation between the Board of County Commissioners of
Weld County, Colorado, and the Authority (the "Assignment of Allocation").
7 : FI, LEA) F�f Call,;,, NH 2014-2777
q-11-00/2/ FI0059
9 -30-aoiy
ASSIGNMENT OF ALLOCATION - CITY OF FORT COLLINS HOUSING AUTHORITY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, as follows:
1. The assignment to the Authority of $8,390,900 of the Weld County, Colorado,
2014 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 Board of County Commissioners of Weld
County, Colorado, be and hereby is authorized to make such technical variations,
additions, or deletions in or to such Assignment of Allocation as it shall deem
necessary or appropriate and not inconsistent with the approval thereof by this
Corrected Resolution.
3. The Board of County Commissioners of Weld County, Colorado, be and hereby
is authorized to execute and deliver the Assignment of Allocation on behalf of
Weld County, Colorado, 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 Corrected Resolution.
4. If any section, paragraph, clause, or provision of this Corrected 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 Corrected Resolution.
5. This Resolution shall be in full force and effect upon its passage and approval.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
o, WELD COUNTY, COLORADO
G .�'d - I
ATTEST: Ws,a
as Ra.e• - her, Chair
Weld County Clerk to the Board
/ j, I ,j� _,•19:��: Kirk eyer, Pro-Tem
BY: / �.1/its' / , _�_ �� t�.d•` �%
Deputy Cler to the Board �«
AP AS � �IIjConway
* /I
Mike Fr Vet
ou y Attorney
c�lI, Wi ram F. Garcia
Date of signature:
2014-2777
FI0059
Exhibit A
ASSIGNMENT OF ALLOCATION
THIS ASSIGNMENT (the "Assignment"), dated September 10, 2014, is between Weld
County, Colorado, (the "Assignor"), and the Fort Collins Housing Authority, a body corporate
and politic (the "Assignee").
RECITALS
A. The Assignee intends to finance the rehabilitation a 284-unit rental housing
project known as the Villages at Cunningham Corner which includes a management office
located at 3436 South Shields Street, Fort Collins, Larimer County, Colorado and three rental
housing projects whose names and respective addresses are as follows: Hickory Hill Village
Apartments, 3425 Windmill Drive, Fort Collins, Larimer County, Colorado; Rose Tree Village
Apartments, 1000 Horsetooth Road, Fort Collins, Larimer County, Colorado; and Willow Grove
Village, 1025 Cunningham Drive, Fort Collins, Larimer County, Colorado and /or the
development and construction of new affordable housing units on vacant property located in Fort
Collins on Redwood Street, a property legally described as Situated in the west %2 section 1,
Township 7 North, Range 69 West, of the 6°i P.m., City of Fort Collins, County of Larimer, State
of Colorado (collectively, the "Projects"). The Projects will be designed to qualify as a "project"
within the meaning of Title 29, Article 4, Part 2, Colorado Revised Statutes, as amended (the
"Act").
B. The Assignee intends to provide for the issuance of its Multifamily Housing
Revenue Bonds (the "Proposed Bonds"), pursuant to the provisions of the Act for the purpose of
financing the Project.
C. The Assignee has requested that the Assignor assign to the Assignee all
$8,390,900 of the Assignor's 2014 allocation (the "Allocation") under the bond ceiling for the
State of Colorado and its issuing authorities (the State Ceiling") computed under Section 146(d)
of the Internal Revenue Code of 1986 (the "Code") as provided for the Assignor as a "designated
local issuing authority" under part 17 of article 32 of title 24, Colorado Revised Statutes (the
"Allocation Act"), for use in connection with the financing of the Projects.
D. Subject to the terms and conditions set forth herein, the Assignor desires to assign
to the Assignee, and the Assignee desires to accept, $8,390,900 of the Assignor's 2014 allocation
from the State Ceiling.
ASSIGNMENT
In exchange for the agreements set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
2014-2777
1. The Assignor hereby assigns and transfers to the Assignee the Assignor's 2014
Allocation from the State Ceiling for private activity bonds in an amount equal to $8,390,900.
The Assignor and the Assignee understand that such assigned allocation shall automatically be
relinquished to the "Statewide Balance" as defined under the Allocation Act unless (a) the
Proposed Bonds are issued by the Assignee on or before September 15, 2014, or (b) Section
24-32-1706(3)(c), C.R.S., applies.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
3. The Assignee hereby:
(a) accepts the assignment of $8,390,900 of the Assignor's Allocation from
the State Ceiling described above;
(b) agrees to use its best efforts to issue and use the Proposed Bonds for the
purpose of financing the Project; and
(b) agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of such Allocation.
4. 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 assignment set forth herein as an
allocation for a project with a carryforward purpose.
5. This Assignment shall not constitute the debt or indebtedness or financial
obligation of the Assignor within the meaning of the constitution or statutes of the State of
Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing
power of the Assignor.
[The remainder of this page is intentionally left blank]
2
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to
be executed to be effective as of the date and year first written above.
WELD COUNTY, COLORADO,
as Assignor
E La
Ism tDouglas/RademacAher, Chair SEP 1 0 2014
AT �: , I APPR D O FORM:
w��G JCLto•eik.
Weld County Clerk to the Board ounty Attorney
BY S
Deputy 1 -k to the Board
�CSpC1 C0 FORT COLLINS HOUSING
AUTHORITY, as Assignee
O Q
C t
SEA- - By: � A
Ott
[SEALSIts: C yuSJ -St>Yl
ATTEST:
By: ,,_ � r.
Its: cy
[Signature Page to Assignment of Allocation]
S-1 aig- 772
1861 CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT.4226
FAX: (970) 352-0242
1150 O STREET
v I P.O. BOX 758
GREELEY, COLORADO 80632
COUNTY
TT
STATE OF COLORADO)
) ss
COUNTY OF WELD )
M, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2014-2777,
dated September 10, is a duplicate of the original Resolution on file in the Weld County Clerk to
the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 11th day of September, 2014.
cce
CLERK TO THE BOARD
Esther Gesick
From: Darcy McClure[dmcclure@fcgov.com]
Sent: Thursday, September 04, 2014 4:41 PM
To: Bruce Barker; Don Warden
Cc: Esther Gesick; Chadrick Martinez; Julie Brewen
Subject: RE: Private Activity Bond Allocation
Attachments: Assignment of Allocation (Weld County to FCHA 2014).docx
Bruce and Don,
Attached is an updated assignment agreement reflecting the 2014 Weld County PAB amount and the affordable housing
developments that will be financed with the bond proceeds. This is a modified version of the assignment agreement we
used last year.
Please let us know if you need additional information.
Thank You
Darcy McClure
From: Darcy McClure
Sent: Thursday, September 04, 2014 9:49 AM
To: 'Bruce Barker'; Don Warden
Cc: Esther Gesick; Chadrick Martinez; Julie Brewen
Subject: RE: Private Activity Bond Allocation
Thank you Bruce. Please see attached edits to make minor corrections to the resolution. I will send the updated
assignment over later today.
Darcy McClure
Project Manager
Fort Collins Housing Authority
970.416.2839
From: Bruce Barker [mailto:bbarker(aco.weld.co.us]
Sent: Wednesday, September 03, 2014 11:23 AM
To: Don Warden
Cc: Darcy McClure; Esther Gesick
Subject: RE: Private Activity Bond Allocation
I have redone the resolution. Please see the attached. Let me know if there is the need for any changes.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
lT5
1
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 attorney privileged and 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.
From: Don Warden
Sent: Wednesday, September 03, 2014 11:12 AM
To: Bruce Barker
Cc: Darcy McClure; Esther Gesick
Subject: FW: Private Activity Bond Allocation
Here are copies of the documents used last year for the assignment of the PAB allocation to the Fort Collins Housing
Authority. If you can work with Ryan Warburton at Ballard Spahr to get the documents for this year's allocation that
would be great.The amount of the allocation for this year is$8,390,900. Darcy McClure at the Fort Collins Housing
Authority can be reached at 970-416-2839 or the email address above, if you need to talk to her. She is planning on
attending the BOCC meeting on September 10, 2014, at 900am in cases the Board has questions. Please give the
documents to Esther for the September 10`h meeting agenda.Thank for your help on this.
Donald D. Warden
Interim Director of Finance
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden(5'co.weld.co.us
E,
r,
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.
From: Esther Gesick
Sent: Tuesday, August 26, 2014 11:48 AM
To: Don Warden
Subject: RE: Private Activity Bond Allocation
Here you go!
Esther E. Gesick
Clerk to the Board
1150 O Street'P.O. Box 758'Greeley, CO 80632
tel: (970)336-7215 X4226
2
fit
SI' t '..� F.
st
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.
From: Don Warden
Sent: Tuesday, August 26, 2014 11:01 AM
To: Esther Gesick
Subject: Private Activity Bond Allocation
Can you see if you can find a resolution done last year where we gave our private activity bond allocation to the Fort
Collins Housing Authority?
Donald D. Warden
Interim Director of Finance
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
ifttiso or,
cov "cc
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.
3
Hello