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HomeMy WebLinkAbout1119 - DECLARING the intent to execute a public approval certificate relating to bonds by the housing authority RESOLUTION NO. 1119 A RESOLUTION DECLARING THE INTENT OF THE CITY OF BOULDER, COLORADO TO AUTHORIZE THE CITY TO EXECUTE A PUBLIC APPROVAL CERTIFICATE RELATING TO ISSUANCE OF BONDS BY THE HOUSING AUTHORITY OF THE CITY OF BOULDER, COLORADO, D/B/A BOULDER HOUSING PARTNERS FOR THE PURPOSE OF FINANCING RESIDENTIAL FACILITIES FOR LOW AND MODERATE INCOME FAMILIES AND PERSONS. WHEREAS, pursuant to a Resolution dated December 10, 2012, the Housing Authority of the City of Boulder, Colorado, a Colorado housing authority, dIb/a Boulder Housing Partners ("BHP") has authorized the issuance of Bonds in a principal amount not to exceed $9,000,000 to finance a loan to High Mar Community, LLLP (the "Borrower") the proceeds of which are to be used to finance the costs of constructing and equipping a 59-unit multifamily housing project located in Boulder, Colorado and known as High Mar Apartments (the "Project"); WHEREAS, in connection with the adoption of this Resolution, BHP provided to the City Council a Report on Public hearing dated November 28, 2012, (attached hereto as Exhibit A) (the "Report on Public Hearing") setting forth the details of BHP's compliance with the public notice and approval requirements of Section 147(f) of the Internal Revenue Code, as amended (the "Code") required in connection with the issuance of the Bonds; and WHEREAS, based on its review of the Report on Public Hearing, the City Council desires to authorize the execution and delivery of a Public Approval Certificate as required under the Code in accordance with the terms set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT Section 1. To satisl'y certain conditions to the issuance of the Bonds by BHP to finance residential facilities for low- and moderate-income families and persons for the benefit of the citizens of the State (specifically, the Project), the City Council of the City of Boulder, Colorado (the "City Council"), hereby ratifies, acknowledges and approves the holding of the public hearing on the Bonds and the Project as described in the Report on Public Hearing and declares its intent to execute and deliver that certain Public Approval Certificate attached hereto as Exhibit B (the "Public Approval Certificate"). The City Manager is authorized to enter into, execute and deliver documentation necessary to implement this Resolution, including but not limited to the Public Approval Certificate. In connection therewith, the Public Approval Certificate is hereby approved, including any such changes, modifications, additions and deletions therein as shall seem, to the City Manager executing such document, necessary, desirable or appropriate. Section 2. The City Council hereby finds, determines, recites and declares that neither the issuance of the Bonds by BHP nor the execution and delivery of the Public Approval Certificate shall constitute any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of the City of Boulder, Colorado (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 deemed to be an obligation or agreement of any City 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. Section 3. As the highest elected legislative body of the City, the City Council hereby ratifies, acknowledges and approves the issuance of the Bonds in the principal amount of not to exceed $9,000,000 and the financing of the Project on behalf of the Borrower. Section 4. The City Council hereby finds, determines, recites and declares the City's intent that this Resolution constitute an official indication of the present intention of the City to take the actions described herein. Section 5. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council or any officer or employee of the City in furtherance of this delegation and the execution and delivery of the Public Approval Certificate are hereby ratified, approved and confirmed. Section 6. All prior acts, orders or resolutions, or parts thereof, of the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive an act, order or resolution, or part thereof, heretofore repealed. Section 7. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. Section 8. This Resolution shall take effect immediately upon its introduction and passage. ADOPTED this December 18, 2012. By: ~~lLd rc 1, Mayor Attest: y Clerk EXHIBIT A REPORT ON PUBLIC HEARING WITH RESPECT TO PROPOSED ISSUANCE OF NOT TO EXCEED $9,000,000 HOUSING AUTHORITY OF THE CITY OF BOULDER, COLORADO, D/B/A BOULDER HOUSING PARTNERS MULTIFAMILY HOUSING REVENUE BONDS (HIGH MAR APARTMENTS PROJECT) SERIES 2013 November 28, 2012 TO: City Council of the City of Boulder, Colorado FROM: Stuart Grogan, Development Director, Boulder Housing Partners I. Summary of Proposed Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners Multifamily Housing Revenue Bonds (High Mar Apartments Project) Series 2013 Issuer: Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners Bond Issue: Not to Exceed $9,000,000 Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners Multifamily Housing Revenue Bonds (High Mar Apartments Project), Series 2013 Purchaser: Wells Fargo Bank, N.A. Borrower: High Mar Community, LLLP, a Colorado limited liability limited partnership Bond Counsel: Kutak Rock LLP, Denver, Colorado Purpose of Issue: Finance a portion of the construction of the multifamily housing apartment complex known as High Mar Apartments for the Borrower located at 4990 Moorhead Avenue in Boulder, Colorado (the "Project"). Use of Proceeds: To finance a portion of the project costs in an amount equal to the principal amount of the Bonds. Documents & Security: The Bonds will be issued pursuant to a plan of finance that includes a Financing Agreement, dated on or about January 28, 2013, by and among the Issuer, the Borrower and the Purchaser. The proceeds of the Bonds will be loaned to the Borrower to finance the Project. The Borrower's obligation to make payments on the loan and the mortgage and related collateral securing that obligation are being assigned by the Issuer to the Purchaser upon Purchaser's payment of the purchase price for the Bonds. The Bonds do not constitute a debt or liability of the Issuer or the City of Boulder, Colorado. II. Report of Public Hearing A public hearing was held with respect to the plan of finance and the issuance of the Bonds on November 26, 2012 at 11:00 a.m., Mountain time, at the offices of Boulder Housing Partners, 4800 Broadway, Boulder, Colorado 80304. Notice of such hearing in the form attached hereto as Exhibit A was published on Monday, November 12, 2012 in the Boulder Daily Camera, a newspaper of general circulation in the locale of the Project. No one appeared to speak against the Project. The hearing was closed at approximately 11:30 a.m., Mountain time. By: Stuart Grogan, Development Director EXHIBIT B PUBLIC APPROVAL CERTIFICATE NOT TO EXCEED $9,000,000 HOUSING AUTHORITY OF THE CITY OF BOULDER, COLORADO, D/B/A BOULDER HOUSING PARTNERS MULTIFAMILY HOUSING REVENUE BONDS (HIGH MAR APARTMENTS PROJECT) SERIES 2013 WHEREAS, the purpose of this approval certificate is to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") in order to qualify the interest of the above-captioned bond issue (the "Bonds") for exclusion from provisions of the Code; and WHEREAS, officials of the Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners (the "Authority"), have represented to the City Council of the City of Boulder, Colorado (the "City Council") that the proceeds of the Bonds will be loaned to High Mar Community LLLP (the "Borrower"), a Colorado limited liability limited partnership, as part of a plan of finance to finance a portion of the construction of the multifamily housing complex known as High Mar Apartments located at 4990 Moorhead Avenue, Boulder, Colorado (the "Project"); and WHEREAS, the Project is located within the boundaries of the City of Boulder, Colorado (the "City"); and WHEREAS, officials of the Authority have represented to the City Council that a public hearing on behalf of the Authority was held by such officials at 11:00 a.m., Mountain time, on November 26, 2012 (the "Public Hearing") after a Notice of Public Hearing was published for the Public Hearing on November 12, 2012 in the Boulder Daily Camera, as evidenced by the affidavit of publication attached hereto as Exhibit A; WHEREAS, officials of the Authority have represented to the City Council that after a reasonable public notice was given, the Public Hearing was held and that no objections were raised with respect to the proposed issuance of the Bonds or the financing of the Project; and WHEREAS, pursuant to a Resolution adopted by the City Council on December 18, 2012, the undersigned was authorized to sign this Public Approval Certificate on behalf of the City Council. NOW, THEREFORE, based upon all of the foregoing, ON BEHALF OF THE CITY COUNCIL, I HEREBY CERTIFY THAT: 1. The City Council is the highest elected legislative body of the City; and 2. The officials of the Authority have informed the City Council of the purpose for which the Bonds are proposed to be issued and the proceedings of the Public Hearing, and have informed the City Council that no objections were raised with respect to the proposed issuance of the Bonds or the financing of the Project at the Public Hearing; and 3. On behalf of the City Council, I hereby ratify, acknowledge and approve the holding of a public hearing on the Bonds and the Project; and 4. For the sole purpose of qualifying the interest on the Bonds for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to the applicable provisions of the Code, on behalf of the City Council, I hereby approve the issuance of the Bonds in the principal amount of not to exceed $9,000,000 and the financing of the Project on behalf of the Borrower. IN WITNESS WHEREOF, the undersigned has set his hand as of December , 2012. CITY OF BOULDER, COLORADO By: Matthew Appelbaum Mayor of the City of Boulder, Colorado Attest: FOR ATTACHMENT ONLY NOT FOR OFFICIAL SIGNATURES By: City Clerk Approved as to form: By: City Attorney