HomeMy WebLinkAboutResolution-1998-1661
RESOLUTION NO. ~
SERIES OF 1998
TITLE:
A RESOLUTION REGARDING THE ACQUlSmON OF SOUTH TABLE
MOUNTAIN
WHEREAS, South Table Mountain represents a unique property in the front
range as a result of its geologic, topographic, and historic characteristics; and
WHEREAS, at the present time South Table Mountain is largely undeveloped,
and
WHEREAS, Wheat Ridge citizens have expressed concern regarding growth in
the region and increasing traffic and congestion; and
WHEREAS, the Denver Regional Council of Governments in the Metro Vision
2020 Plan has indicated the significance and importance of buffer areas between communities and
the establishment of growth boundaries; and
WHEREAS, the City of Wheat Ridge has and continues to support the acquisition
of open spaces both in the City of Wheat Ridge and within Jefferson County;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, that the Jefferson County Open Space Advisory Commission be encouraged to
actively pursue ways in which to preserve South Table Mountain for open space purposes; and
DONE AND RESOLVED this..llth.. day of April, 1998
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Qfetchen Cerveny, Mayor'
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ATTEST
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Wanda Sang, City Clerk\
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EXHIBIT A
('ouncllperson Mancinelli
mOl ed the adoptIon of the followmg resolutIOn
RESOLl'TION NO. 1662
\ RLSOLUTION ACTHORILl~G THE DELEGATION TO Till::. elT)
A \iD COUNTY OF DENv ER COLORADO OF THE AUTHORIT) Or:
TilE CITY OF WHEATRIDGI:, COLOR.ADO, WITH RESPECT TO
THI::. ISSUANCE OF SI01GLE FAMILY HOME MORTGAGE
RE\T01UE BONDS (THE "BONDS") TO FINANCE RESlDE01TIAL
HO\TSING FACILITIES FOR LOW- AND MIDDLE-INCOME
PERSONS AND FAMILIES \VITHIN THE CITY AND (,ERTAIN
OTHER CITIES AND COlTNTIES 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 City of Wheatndge, Colorado (the "City"), and the City and County of
Denver, Colorado (the "Issuer"), are each authonzed by the County and MUlllclpality
Development Revenue Bond Act, constitutIng article 3 of title 29, Colorado RevIsed Statutes,
as amended (the "Act"), to finance projects as defined m the Act, 1I1cludmg reSIdentIal hous1l1g
faCilities for low- and mlddle-mcome persons and families, and
WHEREAS, Section 29-3-104(2) of the Act provides that a county or mUlllclpa]ny may
delegate by resolution or ordmance, as the case may be, to any other county or mUl1lClpality
authonty to act on ItS behalf m the finanCIng 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 home mortgage revenue bonds
pursuant to the Act (the "Bonds") to finance resldenl1al housmg facilitIes for low- and
middle-mLome persons and familieS wnhm the City and other cities and countles III the State of
Colorado (the "Slllgle Family Mortgage Loan Program"), and
WHEREAS, the City deSIres to delegate to the Issuer the authority of the CIly to finance
and otherWIse take actIon and exercise power under the Act on behalf of the CIl~ with respect
to the Smgle FamIly Mortgage Loan Program wlthlll the City, and
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WHEREAS, It IS necessary to Cv ldence such delegatIon hy the executIon and delivery by
the Cny of a DelegatIon Agreement (the "DelegatIOn Agreement") between the City and the
I,suer 111 substantially the form presented at thlS meeting.
NOW, THEREfORE, BE IT RESOLVED BY TH[ ClTY COUNCIL OF THE elTY
OF Wl-IEA TRIDGE, COLORADO
Section I In order to faCllitate :1'.e ong1l1ation of single farmly mortgage loans within
the houndanes of the CIty as part of the Smgle Family Mortgage Loan Program, the City herehy
(]) delegares to the Issuer rhe aUlhonty of the City to finance and otherWise take actIOn and
eXCfClse power under the Act on behalf of the City With respecr to the SmgIe FamIly Mortgage
Loan Program WIthm the City and (Ii) approves, and authonzes and dlrecrs the Mayor of the
('ny to sign and deliver and the CHY Clerk to attest and deliver, the DelegatIOn Agreement III
suhstantIally the form presented at rIllS meetmg A copy of the proposed Delegation Agreement
IS on file III the office of the City Clerk and IS available for IllSpeCflOn by the public
Section 2 The CounCI] herehy approves the Bonds and the Smgle FamIly Mortgage
Loan Program for purposes of Section 147(f) of the Internal Rcvenue Code of 1986, as
amended
Section 3 The Mayor of the City is hereby authonzed and directed to execute and
delIver and the City Clerk IS hereby authonzed and directed to attest and deliver such other
agreements and certificates and to take such other actions as may be necessary or convement to
carry out and gIVe effect to the Delegation Agreement and thiS Resolution, includmg 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 4 Nothmg contained in thiS Resolution or the DelegatIon Agreement shall
constitute a debt, indebtedness or multiple-fiscal year direct or mdlrect debt or other financial
obligation of the City wlthm the meaning of the Constitution or statutes of the State of Colorado
or the home rule charter of any political subdivlSlon thereof, nor give flse to a pecumary liability
of the City or a charge against its general credit or taxmg powers
Section 5 If any sectlon, paragraph, clause or proviSIOn of tIllS Resolution shall for any
reason bc held to be mval1d or unenforceable, the 1I1valldlty or unenforceability of any such
section, paragraph, clause or proVISIOn shall not affect any of the rema1l11l1g provlSlons of thIS
ResolutIOn.
Section 6 This ResolutIOn shall be III full force and effect upon ItS passage and
approval
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[SEAL]
Attest.
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April 13,
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Mayor
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CERTIFICATE OF THE CITY OF WHEATRIDGE. COLORADO
Relating to
CITY A:\'D COC~TY OF DENVER, COLORADO
SINGLE FAMILY HO\lE MORTGAGE REVENCE BONDS
(METRO MAYORS CACCl:S SI:"IGLE FAMILY MORTGAGE BOND PROGRAM)
1998 SERIES A AND 1998 SERIES B
The underSigned Mayor and ell)' Clerk of the City of Wheatndge. Colorado (the "City")
h<.:rchy certIfy that
1 ResolutIOn Attached hneto as Exhibit A IS a true and correct copy of a
Rcso]ul1on of the Clly CouncIl of the eIt) (the "Council") that was adopted by the CounCllm
aCLordanc<.: wIth applIcable la\v on th<.: datc ll1dIcated therem (the "ResolutIOn") All meetmgs
of the Council at WhICh actIOn rdat1l1g to thc Resolution was taken wcre properly noticed m the
manner and at the times reqUIred by la\\, were open at all times to the general public and were
attended by a quorum of the CouncIl The ResolutIOn has been Signed, attested, sealed and
made a permanent part of the records of the Council in accordance WIth applicable law, is in full
force and effect; and has not been amended, modified or repealed smce its adoption.
2 Delegation Agreement Attached hereto as Exhibit B IS a true and correct copy
of a DelegatIOn Agreement dated as of the date mdicated therein (the "Delegation Agreement")
between the City and the City and County of Denver, Colorado (the "Issuer") The Delegation
Agreement has been duly authonzed, executed and delivered by the City and, upon due
authonzatlon, execution and delivery hy the Issuer, Will constitute a valid and bmdmg obligation
of the parties, enforceable agamst the parties m accordance With Its terms
3 Approval of Bonds and Project A public hearing on behalf of the Council, the
City and the Issuer was held on February 20, 1998 and on March 30, 1998, m the Office of
Planning and Development for the City and County of Denver, Denver, Colorado At such
public heanng, all mterested persons were gIven an opportumty to express their views, both
orally and m wntmg, on the proposed Issuance of the Bonds and the locatIOn and nature of the
Smgle Family Mortgage Loan Program The Council has received a report of the heanng The
underSigned Mayor of the City, as the ChIef elected executive offiCial of the City act1l1g as such
after such public heanng, herehy approves the Bonds and the S1l1g1e Family Mortgage Loan
Program, which approval IS intended to comply with the proviSIOns of Section 147(f) of the
Internal Rcvenue Code of 1986, as amended
(12. I ~2( ItJi)
IN WITNESS WHEREOF, we have hereunto set our hands thIs
April ' 1998
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EXHIBIT B
DELEGATION AGREEMENT
THIS DELEGATION AGREEMENT (this "Delegation Agreement") IS between the
CITY Of WHEA TRIDGE, COLORADO, a mUDlClpal corporatIon and politIcal subdivIsion of
the State of Colorado (the "City"), and the CITY A~D COUNTY OF DENVER, COLORADO,
a home rule city and a municipal corporatIOn of the State of Colorado (the "Issuer")
R E C I TAL S:
WHEREAS, the CIty and the Issuer are each authonzed hy the County and MUl1lcipality
Development Revenue Bond Act, constIlutll1g artIcle 3 of title 29, Colorado Revised Statutes,
as amended (the" Act"), to finance projects as defined Il1 the Act, ll1cludll1g reSidentIal hous1l1g
facIlItIeS for low- and middle-income persons and famlltes, and
WHEREAS, Section 29-3-104(2) of the Act proVides that a county or mumcipallty may
delegate hy resolutIOn or ordmance, as the case may be, to any othcr county or mumcipality
authonty to act on Its behalf m the financll1g of projects under the Act and that any such
delegatIOn may be general or ltmited 111 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 ordmance,
and
WHEREAS, the Issuer proposes to Issue sll1g1e family home mortgage revenue bonds
pursuant to the Act (the "Bonds") to finance reSIdential housing facilities for low- and middle-
ll1come persons and families wlthll1 the City and other CIties and counties ll1 the State of
Colorado (the "Sll1gle Family Mortgage Loan Program") and
WHEREAS, the City desires to delegate to the Issuer the authonty of the City to finance
and otherWise take action and exercise power under the Act on behalf of the City with respect
to the Smgle Family Mortgage Loan Program within the City
NOW THEREFORE, in consideratIOn of the mutual covenants and undertakll1gs set forth
herem, the City and the Issuer hereby agree as follows
Section 1. The City hereby delegates to the Issuer the authonty of the City to finance
and otherWise take actIOn and exercise power under the Act on behalf of the CIty with respect
to the Smgle FamIly Mortgage Loan Program wlthIl1 the City.
Section 2. The Issuer hereby accepts the delegation of authonty from the City pursuant
to SectIOn 1 hereof and agrees to abide bj each of the terms and conditIOns of thiS DelegatIOn
Agreement III connection with the use of such delegatIon. The Issuer agrees to make available
to the City no later than May I, 1998. a portIon of the proceeds of the Bonds for the ongination
of home mortgages wlthm the City's houndanes
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IN WITNESS WHEREOF, the City and the Issuer have caused this Delegation
Agreement to be executed to be effective as of April 13 _, 1998.
[SEAL]
[SEAL]
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Attest:
B~~~~6'
Clerk and Recorder
Approved as to form.
By ~~.f~
1+ fi'J.")r. City Attorney
count.TSig 1
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By;t~V
Auditor
021 152060,
CITY OF WHEA TRIDGE, COLORADO
By
CITY AND COUNTY OF DENVER,
COLORADO, as Issuer
By ~~~p
Mayor
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