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HomeMy WebLinkAbout1061 - DECLARING intent to issue private activity bonds in connection with financing residential facilities for low and moderate income families, certificate of issuance RESOLUTION NO. 1061 Series 2009 A RESOLUTION DECLARING THE INTENT OF THE CITY OF BOULDER, COLORADO TO ISSUE PRIVATE ACTIVITY BONDS IN CONNECTION WITH FINANCING RESIDENTIAL FACILITIES FOR LOW-AND MODERATE INCOME FAMILIES AND PERSONS WHEREAS, the County and Municipality Development Revenue Bond Act, article 3 of title 29, Colorado Revised Statutes (the "Act") authorizes the City of Boulder, Colorado, a home rule municipality (the "City"), to finance or refinance one or more projects (which includes any land, building or other improvement and real and personal properties) to the end that residential facilities for low- and moderate-income families or persons intended for use as the sole place of residence by the owners or intended occupants may be provided in order to promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, the City is further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing and refinancing any project, including the payment of principal and interest on such revenue bonds, the funding of any reserve funds which the governing body of the City may deem advisable to establish in connection with the retirement of such revenue bonds or the maintenance of the project and all incidental expenses incurred in issuing such revenue bonds, and to secure payment of such revenue bonds as provided in the Act; and WHEREAS, the City wishes to declare its intention to issue its Private Activity Bonds, in one or more series, in connection with financing a multifamily residential rental project for low- and moderate-income families located within the boundaries of the City; and WHEREAS, such Private Activity Bonds are expected to be issued on behalf of the City in an amount not to exceed $4,461,300 which consists of the City's 2009 private activity bond allocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER THAT: Section 1. In order to benefit the residents of the City, the City hereby declares its intent to issue Private Activity Bonds in one or more series (the "Bonds") in an aggregate principal amount not to exceed $4,461,300 which shall be used in connection with financing a multifamily residential rental project for low- and moderate-income families, which shall be located within the boundaries of the City. Section 2. The City Council of the City (the "City Council") hereby finds, determines, recites and declares that: A. the Bonds shall not constitute any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of the City, the State of Colorado (the "State") or any political subdivision of the State within the meaning of any provision or limitation of the State Constitution or statutes, and the Bonds shall not constitute or give rise to a pecuniary liability of the City or a charge against the City's general credit or taxing powers, or ever be KAHOAD\Resolution Series 2009-.doc deemed to be an obligation or agreement of any council member, officer, director, agent or employee of the City in such person's individual capacity, and none of such persons shall be subject to any personal liability by reason of the issuance of the Bonds or the Certificates. B. the issuance of the Bonds, in connection with financing such multifamily residential rental project will promote the public purposes set forth in the Act, including, without limitation, assisting persons or families of low- and moderate-income in obtaining decent, safe and sanitary housing. C. this Resolution constitutes an official indication of the present intention of the City that the Bonds be issued as herein provided. APPROVED this 10___A~_ay of 2009. By Mayor ATTE By --City Clerk on behalf of the Director of Finance and Record K:\HOAD\Resolution Series 2009-.doc CERTIFICATE REQUIRED BY SECTION 24-32-1709(2)(C) OF THE COLORADO REVISED STATUTES $4,461,300 CITY OF BOULDER, COLORADO HOUSING REVENUE BONDS As an official of the City of Boulder, Colorado, responsible for the supervision of the issuance of the above-captioned bonds (the "Bonds"), I DO HEREBY CERTIFY that the City of Boulder will proceed with due diligence to insure the issuance of the bonds within the time period commencing September 15, 2009, and ending December 31, 2012. IN WITNESS WHEREOF, I have hereunto set my hand this4L--~'day of September, 2009. By: Mayor