Loading...
HomeMy WebLinkAboutResolution-2001-0005 EXHIBIT A CouncIlperson Worth moved the adoptIOn of the foIlowll1g resolutIOn. RESOLUTION NO. 05-2001 A RESOLUTION AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF WHEAT RIDGE, COLORADO, 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 SUCH SINGLE FAMILY MORTGAGE LOAN PROGRAM, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION 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 authonzed by the County and MUl1lclpahty Devclopment Revenue Bond Act, constltutll1g article 3 of title 29, Colorado ReVIsed Statutes, as amended (the "Act"), to finance projects as defined m the Act, mcludll1g residentlal housmg faclhtles for low- and mlddle-mcome persons and famlhes, and WHEREAS, SectIOn 29-3-104(2) of the Act proVIdes that a county or municlpahty may delegate by resolutlon or ordmance, as the case may be, to any other county or mUl1lclpahty the authOrity to act on Its behalf m the financmg of projects under the Act and that any such delegatIOn may bc general or hmlted m scope and tlme, and may be Irrevocable for the term or terms of any financmg agreement or bond Issue, all as proVided m such resolutIOn or ordmance; and WHEREAS, contmgent upon the receipt of private actlvlty bond volume cap allocatIOn ("AllocatIOn") from the State of Colorado (the "State") for use 111 the Smgle FamIly Mortgage Loan Program (as hercafter defined), the Issuer proposes to Issue sll1gle famIly home mortgage revenue bonds pursuant to the Act and Its home rule charter (the "Bonds") to finance resldentlal housll1g facIlltles for low- and mlddle-mcome persons and families wlthm the CIty and other cities and counties m the State (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 actlon and exercise power under the Act on behalf of thc CIty With respect to thc Smgle FamIly Mortgage Loan Program wlthm the City; and WHEREAS, It IS necessary to eVIdence such delegatlon by the executIOn and dehvery by the City of a DelegatIOn and PartICIpatIOn Agreement (the "Dc1egatlOn and PartiCIpatIOn Agreement"), by and between the City and the Issuer m substantially the form presented at thiS meetmg; n2-~4()14()1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1 In order to faCilitate the ongmatlOn of smgle family mortgage loans wlthm the boundanes of the City as part ofthc Smgle Family Mortgage Loan Program, the City hereby (a) delegates to the Issuer the authonty of the CIty to finance and otherwIse take actIon and exercise powcr under the Act on behalf of the City WIth respect to the Smgle Family Mortgage Loan Program wlthll1 the CIty and (b) approves, authonzcs and dlrccts the Mayor of the CIty to sign and deliver and the City Clerk to attest and deliver, the DelegatIOn and ParticIpatIOn Agreement m substantially the form presented at thiS meetmg. A copy of the proposed Delegation and Participation Agreement IS on file 111 the office of the City Clerk and IS availablc for mspectlon by the public Section 2 The CounCil hereby approvcs the Bonds and the Smgle Family Mortgage Loan Program for purposes ofScctIon l47(f) of the Intemal 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 authonzed and directed to attest and deliver such other agreements and certIficates and to take such other actlOns as may be necessary or convement to carry out and give effect to the DelegatIOn and PartIcipatIOn Agreement and thIS Resolutlon, lI1c1udmg any agreement or certIficate approv1l1g the Bonds or the Smgle Family Mortgage Loan Program for purposes of SectIOn 1 47(f) of the Intemal Revenue Code of 1986, as amended. Section 4 Nothmg contamed m thIS ResolutIOn or the DelegatIOn and PartIcipation Agreement shall constltute a debt, mdebtedness or multIple-fiscal year direct or mdlrect debt or other finanCial obligation of the City WIthin the meanmg of the Constltutlon or statutes of the State or the home rule charter of any politIcal subdiVISIon thereof, nor give nse to a pecumary liability of the City or a charge agamst ItS general credit or taxmg powers. Section 5 The participation of the CIty m the Smgle Family Mortgage Loan Program IS contmgent upon the receipt of AllocatIon for the Smgle Family Mortgage Loan Program from the State. In the event the State does not award AllocatIOn for the Smgle Family Mortgage Loan Program, thIS ResolutlOn, the DelegatlOn and PartlclpatlOn Agreement, and all duties, oblIgatlOns and nghts of the CIty under thIS Resolutlon and the DelegatlOn and PartlclpatlOn Agreement shall termmatc ImmedIately. Section 6 If any sectIOn, paragraph, clause or provlSlon of thiS Resolutlon shall for any reason be held to bc mvalid or unenforceable, the mvalidlty or unenforceablhty of any such sectIon, paragraph, clause or provIsion shall not affect any of the remamll1g provlslOns of thiS ResolutIOn. Section 7 ThiS ResolutIOn shall be m fuIl force and effect upon ItS passage and approval. 1l2-X4014.01 A-2 ADOPTED BY THE CITY COUNCIL THI [SEAL] Attest: V :Jt(Uui~-~t-~-!S CIty Clerk 1l2-K4014 tJl A-3 EXHIBIT B DELEGATION AND PARTICIPATION AGREEMENT This DELEGATION AND PARTICIPATION AGREEMENT (this "Delegation and ParticipatIOn Agreement") IS by and between the CITY OF WHEAT RIDGE, COLORADO, a mUniCipal corporatIOn, a politIcal subdiVIsIOn and home mle Clty of the State of Colorado (the "CIty"), and the CITY AND COUNTY OF DENVER, COLORADO, a home mle CIty, a political subdIVISIOn and a mUnlClpal corporatIOn of the State of Colorado (the "Issuer"). R E C IT A L S: vVHEREAS, the CIty and the Issuer are each authonzed by the County and MUniCIpality Development Revenue Bond Act, constltutmg article 3 of tItle 29, Colorado ReVIsed Statutes, as amended (the "Act"), to finance projects as defined m the Act, includmg reSIdential housmg faClhtIes for low- and mlddle-mcome 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 mUnIclpahty authonty to act on ItS behalf m the financmg 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 financmg agreement or bond Issue, all as prOVIded in such resolution or ordmance; and WHEREAS, contmgent upon the receipt of pnvate actIvity bond volume cap allocatIOn ("AllocatIOn") from the State of Colorado (the "State") for use m the Single Family Mortgage Loan Program (as heremafter defined), the Issuer proposes to issue smgle family home mortgage revenue bonds pursuant to the Act and ItS home mle charter (the "Bonds") to finance resldentlal housmg faCIlItIes for low- and mlddle-mcome persons and famlhes Within the City and other CItIes and counties in the State (the "Smgle Family Mortgage Loan Program"); and WHEREAS, the City WIshes to participate m the Smgle 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 Wlthm the CIty; NOW THEREFORE, m consIderatIOn of the mutual covenants and undertakmgs 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 wlthm the City. Section 2. The Issuer hereby accepts the delegation of authonty from the City pursuant to SectIOn 1 hereof and agrees to abide by each of the terms and condltlons of thIS DelegatIon 02-R4014.01 and ParticipatiOn Agreement In connectIOn with the use of such delegatIOn. The Issuer agrees to make avaIlable to the City a portlon of the proceeds of the Bonds for the ongmatlOn of home mortgages wlthm the CIty'S boundanes. Section 3 The participatiOn of the City m the Smgle Family Mortgage Loan Program, and all undertakmgs, obligatlOns, dutIes and nghts of the City and the Issuer under thiS Delegation and ParticipatIOn Agreement, are contmgent upon the award from the State of AlJocatlOn for the Smgle Family Mortgage Loan Program. Section 4 In the event that the State does not award AlJocatlOn for use m the Sll1gle Family Mortgage Loan Program, thIS DelegatIOn and PartiCIpatIon Agreement, and alI dutIes, obhgatlOns and nghts of the Issuer and the City hereunder, shall tenmnate. If the State does not award AlIocatlOn for use m the Single. Family Mortgage Loan Program, the City agrees to hold the Issuer harmless for any costs or any other liabilities mcurred by the CIty With respect to the adoptlOn and approval 0 f thIS DelegatIOn and PartiCipatIOn Agreement, the ResolutIOn of the City adopted With respect to the Single Family Mortgage Loan Program, or any other City actIOns related thereto IN WITNESS WHEREOF, the City and the Issuer have caused thiS DelegatIOn and PartiCipatIOn Agreement to be executed to be effective as of _, 200 I [SEAL] /~~ I~ C .~/), . ,-. '/ ~ r j / ,..... \ I r_-;' '-, 77 ~f"" ):~! Attest: "v ~-- \0 -/ 1 By~4~ City Clerk CITY OF WHEAT RIDGE, COLORADO By 02-84014.01 B-2 [SEAL] Attest By Clerk and Recorder Approved as to fonn By AssIstant CIty Attomey CountersIgned. By AudItor 02.8~01~ 0\ CITY AND COVl"TY OF DENVER, COLORADO, as Issuer By Mayor B-3 CERTIFICATE OF THE CITY OF WHEAT RIDGE, COLORADO Relatmg to City and County of Dcnver, Colorado SlI1gle FamIly Home Mortgage Revenue Bonds (Metro Mayors Caucus Smglc Family Mortgage Bond Program) Senes 2001 The underSigned Mayor and City Clerk of the CIty of Wheat Rldgc, Colorado (the "City") hcreby certify that: 1 Resolution. Attached hcreto as ExhibIt A IS a true and correct copy of a ResolutIOn of the City Council of the CIty (the "Councll") that was adopted by the CouncIl m accordance WIth applIcable law on the datc mdlcated therem (the "ResolutIOn") AIl meetmgs of the CouncIl at which action relatmg to the ResolutIOn was taken were properly notlced m the manner and at the times reqmred by law, were opcn at all tlmes to the general publIc and were attended by a quorum of thc CounCIl. The ResolutIOn has bcen Signed, attested, sealed and made a permanent part of the records of the Councllll1 accordance WIth applIcable law; IS m fuIl force and effect; and has not been amended, modified or rcpcaled smcc ItS adoptlon. 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 lI1dlcatcd therem (the "DclegatIOn and Partlclpatlon Agreement"), by and between the CIty and thc CIty and County of Denver, Colorado (the "Issuer") The DelegatIOn and Partlclpatlon Agreemcnt has been duly authonzed, executed and dehvered by the City and, upon due authonzatIOn, executlon and dehvery by the Issuer, wlll constitute a vahd and bmdmg oblIgatIOn of the partIes, enforceable agall1st the parties m accordance With ItS terms. 3 Approval of Bonds and Project. A publIc heanng on behalf of the Council, the City and the Issuer was held m the office of the Community Planning and Development Agency for the CIty and County of Denver, Colorado At such publIc heanng, all mterested persons were gIven an opportUnity to express theIr Views, both oraIly and m wntmg, on the proposed Issuance of the Bonds and the locatIOn and nature of the Smgle Famlly Mortgage Loan Program. The Councll and the Mayor have receIved a report of the heanng. The underSIgned Mayor of the CIty, as the chIef elected executIve offiCial of the City actmg as such after such publIc heanng, hcreby approves the Bonds and the Smgle FamIly Mortgage Loan Program, whIch approval IS mtended to comply With the proVISIons of SectIOn l47(f) of the Intemal Revenue Code of 1986, as amended. 02-R401401 TN WITNESS WHEREOF, we have hereunto 4f'~.f ,2001. 'ft, . hands tZ ~ day of -~-~--", , J ~ J .\ "/ ,,' ~ I ',' I.. ; -'T~ r' \,'" - , I 'J i 'f. ~.~, ,,; ""'....... / .I 112-X4014.0I B yor By 9ftltlL -J~ City Clerk ~ 2