HomeMy WebLinkAboutResolution-2005-0009
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RESOLUTION NO. 09-2005
Series 2005
A RESOLUTION ASSIGNING AND TRANSFERRING TO THE CITY AND
COUNTY OF DENVER, COLORADO, A PORTION OF THE CITY OF WHEAT
RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE
ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR
LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY
AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF
COLORADO; AUTHORIZING THE DELEGATION TO THE CITY AND
COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF
WHEAT RIDGE WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY
HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE
RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME
PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES
AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS
AND THE SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND
PARTICIPATION AGREEMENT, AN ASSIGNMENT AGREEMENT AND
OTHER DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat RIdge, Colorado (the "City"), and the City and County of
Denver, Colorado (the "Issuer"), are each authorized by the County and Mumcipality
Development Revenue Bond Act, constItutmg artIcle 3 of title 29, Colorado Revised Statutes, as
amended (the "Act"), to finance projects as defined in the Act, mcluding reSIdential housmg
facilities for low- and middle-income persons and families; and
WHEREAS, the City has been awarded on January 1, 2005 approxImately $1,276,080
(the "2005 AllocatIOn") of the bond ceiling for the State of Colorado (the "State") and its issuing
authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constItuting
Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the "AllocatIOn Act"),
for use in the issuance of private activity bonds to finance projects under the Act among the
issuing authoritIes ofthe State of Colorado, and
WHEREAS, the Allocation Act provides for the assignment of bond allocations between
issumg authorities of the State; and
WHEREAS, the City desires to assign and transfer to the Issuer an amount equal to
$1,276,080 of the 2005 Allocation, which the City will commit and reserve for the issuance of
such pnvate activity bonds, to finance reSidential housing facilitIes for low- and middle-income
persons and families within the City and other cities and counties in the State of Colorado, and
WHEREAS, It is necessary to eVIdence such assignment and transfer and the acceptance
thereof by the executIOn and delivery by the City of an Assignment (the "Assignment") between
the City and the Issuer in substantially the form presented at this meetmg.
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WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may
delegate by resolution or ordmance, as the case may be, to any other county or mumcipa1ity
authority to act on its behalf in 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 residential housing facilities for low- and
middle-mcome persons and families within the City and other cities and counties in the State of
Colorado (the "Single Family Mortgage Loan Program"); and
WHEREAS, the City desires to delegate to the Issuer the authority of the City to finance
and otherwise take action and exercise power under the Act on behalf of the City with respect to
the Single Family Mortgage Loan Program within the City; and
WHEREAS, it is necessary to evidence such delegation by the execution and delivery by
the City of a Delegation and PartiCIpation Agreement (the "Delegation and Participation
Agreement") between the City and the Issuer III substantially the form presented at this meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE:
Section 1 In order to facilitate the origination of single family mortgage loans within the
boundaries of the City as part of the Single Family Mortgage Loan Program, the City hereby
(i) asSIgnS and transfers to the Issuer an amount equal to $1,276,080 of the 2005 Allocation,
(ii) delegates to the Issuer the authority of the City to finance and otherwise take action and
exercise power under the Act on behalf of the City with respect to the Single Family Mortgage
Loan Program within the City and (iii) approves, and authorizes and directs the Mayor of the
CIty to sign and deliver and the City Clerk to attest and deliver, the Assignment and the
Delegation and ParticipatIon Agreement in substantially the forms presented at this meeting.
Copies of the proposed ASSIgnment and Delegation and Participation Agreement are on file in
the office of the City Clerk and are available for inspection by the public.
Section 2. The Council 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 3. The Mayor of the CIty IS hereby authorized and directed to execute and
deliver and the City Clerk 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 and ParticipatIOn Agreement, the ASSIgnment, 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 4. Nothing contamed in this Resolution, the Assignment, or the Delegation and
Participation Agreement shall constitute a debt, indebtedness or multiple-fiscal year dIrect or
mdIrect debt or other financial ob1igatlOn of the City within the meaning of the Constitution or
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statutes of the State of Colorado or the home rule charter of any political subdivisIon thereof, nor
give rise to a pecunIary hability of the City 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 invahdity or unenforceability of any such
sectIOn, paragraph, clause or proviSIOn shall not affect any of the remaining prOVIsions of this
ResolutIOn.
Section 6. This Resolution shall be in full force and effect upon its passage and approval.
[SEAL]
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Attest:
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CERTIFICATE OF THE CITY OF WHEAT RIDGE, COLORADO
Relating to
CITY AND COUNTY OF DENVER, COLORADO
SINGLE FAMILY HOME MORTGAGE REVENUE BONDS
(METRO MAYORS CAUCUS SINGLE FAMILY MORTGAGE BOND PROGRAM)
SERIES 2005
The undersigned Mayor and CIty Clerk of the CIty of Wheat Ridge, Colorado (the
"City") hereby certify that:
1. Resolution. Attached hereto as Exhibit A is a true and correct copy of a
Resolution of the City Council of the City of Wheat Ridge (the "Council") that was adopted by
the Council in accordance with applicable law on the date Indicated therein (the "Resolution").
All meetings of the Council 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 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 SInce its
adoptIOn.
2. Delegation and Participation Agreement. Attached hereto as ExhibIt B IS a true
and correct copy of a Delegation and ParticipatIOn Agreement dated as of the date indicated
therein (the "Delegation and Participation Agreement") between the City of Wheat Ridge and the
City and County of Denver, Colorado (the "Issuer"). The Delegation and Participation
Agreement has been duly authorized, executed and delivered by the City and, upon due
authorizatIon, executIOn and delivery by the Issuer, wiIl constItute a valid and binding oblIgation
of the City, enforceable against the City in accordance with its terms.
3. Assignment Agreement. Attached hereto as ExhibIt C is a true and correct
copy of an Assignment Agreement dated as of the date indIcated therein (the "Assignment")
between the City and the Issuer. The Assignment has been duly authorized, executed and
delivered by the City and, upon due authorizatIOn, execution and delivery by the Issuer, will
constitute a valid and binding oblIgation of the City, enforceable against the City In accordance
with Its terms.
4. Approval of Bonds and Project. A public heanng on behalf of the Council, the
City and the Issuer was held in the office of the Department of Revenue for the CIty and County
of Denver, Colorado. At such public heanng, all interested persons were given an opportunity to
express their views, both oralIy and in writing, on the proposed issuance of the Bonds and the
location and nature of the Single 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 acting as such after such public hearing, hereby approves the Bonds and the Single
Family Mortgage Loan Program, which approval is intended to comply wIth the provisions of
Section 147(f) of the Internal Revenue Code of 1986, as amended.
IN WITNESS WHEREOF, we have hereunto se our hands tills 14th day of February,
2005
EXHIBIT A
RESOLUTION NO. 09-2005
Series 2005
A RESOLUTION ASSIGNING AND TRANSFERRING TO THE CITY AND
COUNTY OF DENVER, COLORADO, A PORTION OF THE CITY OF WHEAT
RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE
ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR
LOW- AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY
AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF
COLORADO; AUTHORIZING THE DELEGATION TO THE CITY AND
COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF
WHEAT RIDGE WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY
HOME MORTGAGE REVENUE BONDS (fHE "BONDS") TO FINANCE
RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME
PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES
AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS
AND THE SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND
PARTICIPATION AGREEMENT, AN ASSIGNMENT AGREEMENT AND
OTHER DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), and the City and County of
Denver, Colorado (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 projects as defined m the Act, mcluding residential housing
facilities for low- and mlddle-mcome persons and families; and
WHEREAS, the City has been awarded on January 1, 2005 approximately $1,276,080
(the "2005 AllocatIOn") of the bond ceilIng for the State of Colorado (the "State") and Its Issuing
authorities pursuant to the Colorado Pnvate Activity Bond Ceiling Allocation Act, constituting
Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the "Allocation Act"),
for use in the issuance of private activity bonds to finance projects under the Act among the
Issumg authorities of the State of Colorado; and
WHEREAS, the AllocatIon Act provides for the aSSIgnment of bond allocatIOns between
issuing authorities ofthe State; and
WHEREAS, the City desires to assign and transfer to the Issuer an amount equal to
$1,276,080 of the 2005 Allocation, which the City will commit and reserve for the issuance of
such private actIvity bonds, to finance residentIal housing facilitIes for low- and middle-income
persons and familIes within the City and other cities and counties in the State of Colorado; and
WHEREAS, it is necessary to eVIdence such assignment and transfer and the acceptance
thereof by the execution and delivery by the CIty of an ASSIgnment (the "ASSIgnment") between
the City and the Issuer in substantially the form presented at thIS meeting.
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
authonty to act on its behalf in the financing of projects under the Act and that any such
delegation may be general or limited in scope and time and may be lITevocable 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 resldentlal housing facilities for low- and
middle-income persons and families within the CIty and other cities and counties m the State of
Colorado (the "Smgle Family Mortgage Loan Program"); and
WHEREAS, the City desires to delegate to the Issuer the authority 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; and
WHEREAS, it IS necessary to eVIdence such delegation by the execution and delivery by
the City of a Delegation and Partlcipation Agreement (the "Delegation and Participation
Agreement") between the City and the Issuer in substantially the form presented at this meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE:
Section 1. In order to facilitate the origination of single family mortgage loans within the
boundaries of the CIty as part of the Single Family Mortgage Loan Program, the City hereby
(i) assIgns and transfers to the Issuer an amount equal to $1,276,080 of the 2005 Allocation,
(ii) delegates to the Issuer the authority 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 withm the City and (iii) approves, and authorizes and directs the Mayor of the
CIty to sign and deliver and the City Clerk to attest and deliver, the Assignment and the
Delegatlon and PartICIpation Agreement III substantially the forms presented at this meeting.
CopIes of the proposed Assignment and Delegation and PartIcipation Agreement are on file in
the office of the City Clerk and are available for inspectIOn by the public.
Section 2. The Council hereby approves the Bonds and the Smgle Family Mortgage
Loan Program for purposes of Section 147(1) ofthe Internal Revenue 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 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 and PartiCIpation Agreement, the Assignment, and
this Resolution, mcluding any agreement or certificate approvmg the Bonds or the Single Family
Mortgage Loan Program for purposes of Section 147(1) of the lnternal Revenue Code of 1986, as
amended.
Section 4. Nothing contained in this Resolution, the Assignment, or the Delegation and
ParticipatlOn Agreement shall constitute a debt, mdebtedness or multIple-fiscal year direct or
indirect debt or other financial obhgation of the City within the meanmg of the Constitution or
statutes of the State of Colorado or the home rule charter of any political subdivision thereof, nor
gIVe nse to a pecuniary habihty of the City 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 any such
sectIOn, paragraph, clause or prOVISIOn shall not affect any of the remaming provisions of this
Resolution.
Section 6. Tlus ResolutIOn shall be in full force and effect upon Its passage and approval.
ADOPTED BY THE CITY COUNCIL THIS
[SEAL]
Attest:
EXHIBIT B
DELEGATION AND PARTICIPATION AGREEMENT
THIS DELEGATION AND PARTICIPATION AGREEMENT (this "Delegation and
Participation Agreement") is between the CITY OF WHEAT RIDGE, COLORADO, a home
rule cIty and municipal corporation of the State of Colorado (the "City"), and the CITY AND
COUNTY OF DENVER, COLORADO, a home rule city, a municipal corporation and a polittcal
subdivIsion ofthe State of Colorado (the "Issuer").
R Eel TAL s:
WHEREAS, the City and the Issuer are each authorized by the County and MumcipalIty
Development Revenue Bond Act, constitutmg article 3 of title 29, Colorado Revised Statutes, as
amended (the "Act"), to finance projects as defined in the Act, including residential housmg
facilittes 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 ordmance, as the case may be, to any other county or municipality
authonty to act on Its behalf in the financing of projects under the Act and that any such
delegation may be general or lImited m scope and time and may be irrevocable for the term or
terms of any financing agreement or bond issue, all as provided m such resolution or ordinance;
and
WHEREAS, pursuant to an Assignment Agreement dated the date hereof (the
"Assignment"), the City is assigning and transferring to the Issuer $1,276,080 of the CIty's 2005
bond ceiling for the State of Colorado and Its issuing authorittes computed under Sectlon 146(d)
of the Internal Revenue Code of 1986, as amended, under the Colorado Pnvate Activity Bond
Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes,
as amended, for use m the issuance of pnvate activity bonds; and
WHEREAS, the Issuer proposes to issue single family home mortgage revenue bonds
pursuant to the Act (the "Bonds") to finance residential housmg facilities for low- and
mIddle-income persons and famihes within the City and other cittes and counties in the State of
Colorado (the "Single Family Mortgage Loan Program"); and
WHEREAS, the City wishes to participate in the Single Family Mortgage Loan Program;
and
WHEREAS, the City deSIres to delegate to the Issuer the authority of the City to finance
and otherwise take action and exercise power under the Act on behalf of the City with respect to
the Single FamIly Mortgage Loan Program withm the City.
NOW THEREFORE, in consideration ofthe mutual covenants and undertakings set forth
herein, the City and the Issuer hereby agree as follows:
Section 1. The City hereby delegates to the Issuer the authority ofthe 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.
Section 2. The Issuer hereby accepts the delegation of authority from the CIty pursuant
to Section 1 hereof and agrees to abide by each of the terms and conditions of this DelegatIon
and PartIcipatIOn Agreement in connection WIth the use of such delegation. The Issuer agrees to
make available to the City no less than $1,276,080 of the proceeds of the Bonds for the
ongination of home mortgages within the City's boundanes.
IN WITNESS WHEREOF, the City and the Issuer have caused this Delegation and
Participation Agreement to be executed to be effectIve as of February 14, 2005.
[SEAL]
CITY OF WHEAT RIDGE, COLORADO
62
Attest:
[SEAL]
Attest:
By
Clerk and Recorder
Approved as to form;
By
City Attorney
CountersIgned:
By
Auditor
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CITY AND COUNTY OF DENVER,
COLORADO as Issuer
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EXHIBIT C
ASSIGNMENT AGREEMENT
This Assignment Agreement (the "Assignment") dated the 14th day of February, 2005, IS
between the CITY OF WHEAT RIDGE, COLORADO, a home rule cIty and municIpal
corporatIon of the State of Colorado (the "Assignor") and the CITY AND COUNTY OF
DENVER, COLORADO, a home rule city, a municipal corporation and a political subdivision of
the State of Colorado (the "Assignee").
RECITALS
WHEREAS, the AssIgnor has been awarded approximately $1,276,080 (the "2005
Allocation") of the bond ceiling for the State of Colorado and its issuing authoritIes (the "State
Ceiling") computed under Section 146( d) ofthe Internal Revenue Code of 1986, as amended (the
"Code"), under the Colorado Private ActIvity Bond Ceiling Allocation Act, constituting Part 17
of ArtIcle 32 of Title 24, Colorado Revised Statutes, as amended (the "Allocation Act"), for use
m the issuance of private actIvity bonds; and
WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to
asSIgn and transfer to the Assignee, and the Assignee desires to accept, a portIOn of the
Assignor's 2005 Allocation in an amount equal to $1,276,080, whIch the Assignor agrees to
commit and reserve for the Issuance of such private activity bonds; and
WHEREAS, the private actIvity bonds will be issued by the Assignee pursuant to the
County and Municipality Development Revenue Bond Act, constitutmg ArtIcle 3 of Title 29,
Colorado ReVised Statutes, as amended (the "Act"), and such bonds will be used for a purpose
which qualifies as a "project" as described in the Act.
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:
1. In accordance with action taken by the governmg body of the Assignor on
February 14, 2005, the Assignor hereby assigns and transfers to the ASSignee, a portIOn of the
Assignor's 2005 Allocation from the State CeIling for private actIvity bonds m an amount equal
to $1,276,080 (the "Assigned Amount"). In addition, the Assignor hereby consents to the
election by the Assignee, if the Assignee in its discretion so deCIdes, to treat the Assigned
Amount as an allocation for a project with a carryforward purpose and/or to make a mortgage
credIt certification election, thus avoiding reversIOn of the Assigned Amount to the statewIde
balance under the Allocation Act.
2. The Assignor represents that is has received no monetary consideration for the
aSSIgnment set forth above.
3. The ASSIgnee hereby:
(a) Accepts the assIgnment ofa portion of the Assignor's 2005 AllocatlOn from
the State Ceiling described above;
(b) Agrees to make available to the AssIgnor no less than $1,276,080 of the
proceeds of certain smgle family home mortgage revenue bonds to be Issued by the
Assignor for the origmauon of home mortgages within the Assignor's boundaries; and
(c) Agrees to abIde by each of the terms and conditlOns of this Assignment m
connection with the use of a portion of the Assignor's 2005 Allocation.
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.
CITY OF WHEAT RIDGE, COLORADO
62
B
Attest:
(SEAL)
Attest:
By
Clerk and Recorder
Approved as to form:
By
City Attorney
Countersigned:
By
Auditor
CITY AND COUNTY OF DENVER,
COLORADO, as Issuer
B