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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2016 - RESOLUTION 2016-072 AUTHORIZING THE ASSIGNMENT OFAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. EXECUTIVE SUMMARY The purpose of this item is to assign the City's 2016 Private Activity Bond capacity to the Colorado Housing Finance Authority for the purpose of constructing and rehabilitating affordable housing rental units in Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Private Activity Bonds (PAB) are tax-exempt bonds that can be issued by eligible government entities, agencies, and authorities. The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service. Permitted purposes include, but are not limited to, affordable housing development and rehabilitation. PAB financing has also been used by the City for economic and industrial development purposes. The State of Colorado PAB allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1707, et seq., C. R S. (Allocation Act). While the City is not a developer or builder of affordable housing, the City relies on development partners to provide the housing needed to satisfy the City’s articulated affordable housing goals. These goals are based on the City’s identified needs. Income-restricted rental housing is the City’s highest need. The most direct way to support these development projects is through the City’s competitive process by awarding grant funding to financially support the developments. These funds are local Affordable Housing Funds, and state and federal pass through funding such as Community Development Block grants. This process is totally distinct from the state and federal Low Income Housing Tax Credit (LIHTC) programs. LIHTC projects may or may not contain state or federal housing dollars. PAB’s are an integral part of the above mentioned LIHTC program which is the primary government program being used and promoted for the production of income-qualified rental housing and the rehabilitation of this type of housing. There are two types of tax credits available. The 9% LIHTC program is highly competitive and therefore, harder and harder to attain. Many deals are using the 4% LIHTC program. This is not a competitive application process. However, these deals must contain PABs. There is a finite amount of PAB capacity available. The capacity for issuing these bonds can come from local jurisdictions or the state. When projects have been awarded local PAB capacity, this demonstrates local support for the projects which can assist the projects in attracting other grants and investments. In 2016, the total amount available statewide is $545,657,400. Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on Agenda Item 10 Item # 10 Page 2 population size. The City has been notified that, pursuant to section 24-32-1706 of the Allocation Act, its allocation of the state ceiling for 2016 is $7,728,500. (Attachment 1) This is merely the authority to take on debt and is not an allocation of funding. The City will not incur debt by assigning this allocation and this will not affect the City's credit rating. If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts back to the state’s pool of available bond capacity. Historically, Fort Collins has assigned its annual allocation on a first come first served basis.  From 2009 through 2012, the Fort Collins allocation was not used locally and therefore reverted back to the state’s pool of available bond capacity.  In 2013, 2014, and 2015 the City assigned its full allocation to the Fort Collins Housing Authority (FCHA) for the rehabilitation of affordable rental housing units. This year’s request is to assign the PAB capacity to the Colorado Housing Finance Authority (CHFA) for the benefit of two local affordable housing projects. As mentioned, the state’s 4% LIHTC program is a financing mechanism for the development and rehabilitation of affordable housing. This program is administered by CHFA. CHFA requires these types of financing deals to include private activity bonds. CHFA will be the issuer for the bonds on both of these projects. The two formal requests the City has received are from the DMA Plaza Inc. and McDermott Enterprises. The sum of the two requests equals the entire 2016 PAB allocation. The proposed and allowable use of bond proceeds is the construction of new affordable housing at Oakridge Crossing and the rehabilitation of affordable Housing at DMA Plaza. (Attachments 2 and 4) These properties, owned by non-profit developers, serve households in the income range of 30% -60% area median income (AMI).The locations of these projects are provided in Attachments 3 and 5. The Affordable Housing Board recommends that the City grants these requests and that City Council adopt a resolution assigning the 2016 PAB Allocation to CHFA. (Attachment 6) The intended uses of developing new affordable rental housing units and rehabilitating for preservation existing affordable rental housing units are permissible and beneficial uses of the City’s 2016 allocation. In addition to being income qualified, both of these projects are also age-restricted to serve seniors. Seniors are an identified special needs population pursuant to the City’s Affordable Housing Strategic Plan. These housing needs have been identified as priorities for our community. The City has not received other requests for the 2016 PAB Allocation. For these developers to use this financing tool, City Council must adopt a resolution assigning the 2016 PAB allocation to CHFA. Additionally, the use of the City’s allocation is evidence of local support for these affordable housing projects, which helps leverage other funding sources and is important to CHFA’s 4% Low Income Tax Credit Program. The investment of tax credit equity will trigger a new affordability period for DMA Plaza and will trigger an initial affordability commitment for Oakridge Crossing. In addition to assigning the past three years PAB allocation to the FCHA, the City has used PAB allocation to finance multifamily low and moderate income rental housing at Fox Meadow Apartments (2000) and Caribou Apartments (2002), and multifamily senior housing at Oakbrook Manor (2005). In these examples, the City’s allocation was assigned to CHFA who issued the bonds. Prior to that, the City was the issuer of multifamily housing revenue bonds for Bull Run (1997) and Courtney Park Apartments (1995). CHFA has authority to issue bonds and it will be the issuer of the bonds for the development projects requesting the 2016 PAB capacity. CITY FINANCIAL IMPACTS The Private Activity Bonds will be issued by CHFA and will not be obligations of the City of Fort Collins. The debt service on the bonds will be repaid from revenue generated by the housing developments and does not constitute a debt of the City. This action will not affect the City's credit rating. The construction of new units and rehabilitation of existing units will require goods and labor which will benefit the local economy. Agenda Item 10 Item # 10 Page 3 BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board supports the passage of the Resolution. PUBLIC OUTREACH Public outreach has been and will continue to be conducted and focused on the development projects themselves. No separate outreach has been conducted on the assignment of the 2016 Private Activity Bond capacity. ATTACHMENTS 1. 2016 Direct Allocations (PDF) 2. DMA Plaza, Inc. Request (PDF) 3. DMAPlaza Location Map (PDF) 4. Oakridge Crossing Request (PDF) 5. Oakridge Crossing Location Map (PDF) 6. Affordable Housing Board Support memo (PDF) 2016 Colorado Private Activity Bond Direct Allocations Statewide Pop. PAB Cap Available 5,456,574 $545,657,400.00 Local Issuers Population PAB Cap Local Issuers Population PAB Cap Denver County 664,220 $33,211,000 La Plata County 54,014 $2,700,700 Colorado Springs 443,965 $22,198,250 Pueblo County 53,605 $2,680,250 Aurora 350,773 $17,538,650 Eagle County 52,831 $2,641,550 Douglas County 210,168 $10,508,400 Commerce City 51,686 $2,584,300 Jefferson County 201,037 $10,051,850 Parker 49,700 $2,485,000 El Paso County 192,616 $9,630,800 Fremont County 46,294 $2,314,700 Fort Collins 154,570 $7,728,500 Littleton 44,396 $2,219,800 Lakewood 149,666 $7,483,300 Montrose County 40,904 $2,045,200 Weld County 149,134 $7,456,700 Northglenn 38,648 $1,932,400 Thornton 129,403 $6,470,150 Brighton 37,077 $1,853,850 Arapahoe County 129,279 $6,463,950 Englewood 32,671 $1,633,550 Arvada 113,326 $5,666,300 Wheat Ridge 31,108 $1,555,400 Westminster 111,834 $5,591,700 Delta County 30,027 $1,501,350 Adams County 109,428 $5,471,400 Summit County 29,399 $1,469,950 Pueblo, City of 108,177 $5,408,850 Fountain 28,489 $1,424,450 Centennial 107,501 $5,375,050 Morgan County 28,254 $1,412,700 Boulder, City of 105,270 $5,263,500 Lafayette 26,786 $1,339,300 Greeley 98,666 $4,933,300 Montezuma County 25,812 $1,290,600 Longmont 90,855 $4,542,750 Elbert County 24,144 $1,207,200 Larimer County 90,706 $4,535,300 Routt County 23,896 $1,194,800 Mesa County 86,501 $4,325,050 Teller County 23,394 $1,169,700 Loveland 72,983 $3,649,150 Logan County 22,088 $1,104,400 Grand Junction 61,847 $3,092,350 Windsor 21,732 $1,086,600 Broomfield County 61,826 $3,091,300 Erie 20,819 $1,040,950 Boulder County 61,703 $3,085,150 Golden 20,096 $1,004,800 Garfield County 57,548 $2,877,400 Louisville 20,047 $1,002,350 Castle Rock 54,364 $2,718,200 $252,264,150.00 Population PAB Cap Minimum 20,000 $1,000,000 Total Local Issuers: 5,045,283 252,264,150 46% Statewide Authorities: CHFA $262,828,700 48% CADA $10,000,000 2% Total Authorities $272,828,700 Statewide Balance 411,291 $20,564,550 4% TOTAL PAB 5,456,574 $545,657,400 100% Total Local Issuers: ATTACHMENT 1 ATTACHMENT 2 S Mason St Remington St S College Ave W Mulberry St E Mulberry St Mathews St Peterson St W Magnolia St W Olive St W Oak St Whedbee St E Magnolia St E Olive St E Oak St ÕZYXW ³I 300 Remington St Fort Collins, CO 80524 CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. 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Printed: August 15, 2016 Site Parcels 0150300 Feet © ATTACHMENT 3 ATTACHMENT 4 Kruse Elementary Tr Paul Academy Colorado Early Colleges Fort Collins Kindercare Learning Centers Golden Meadows Park Oak Ridge Federal Bldg Pd Oak Ridge Federal Bldg Pond Mo n t e C a r lo D r Red Oak Ct Wilmington Dr Redberry Ct Cape Cod Cir Innovation Dr Salem St Si l k O a k D r Kingsbu r y Dr R e db ud Ct Saffro n C t Angelo Dr R i v e r Oak D r Iva Ct O a kr i d g e D ATTACHMENT 6 -1- RESOLUTION 2016-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY’S PRIVATE ACTIVITY BOND ALLOCATION FOR 2016 TO THE COLORADO HOUSING AND FINANCE AUTHORITY TO FINANCE THE DEVELOPMENT AND REHABILITATION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the “State”) to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the amount of tax-exempt bonds (“Private Activity Bonds”) which may be issued in the State (the “State Ceiling”); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among various State and local governmental units, including the Colorado Housing and Finance Authority (the “Authority”), and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City has received a direct allocation of the 2016 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $7,728,500 (the “2016 Allocation”); and WHEREAS, if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance; and WHEREAS, the Authority has requested that the City assign all of the 2016 Allocation (the “Assigned Allocation”) to the Authority pursuant to Section 24-32-1706 of the Allocation Act; and WHEREAS, the Authority intends to use the Assigned Allocation to issue Private Activity Bonds for the purpose of financing one or more multi-family rental housing projects for low-and moderate-income persons and families (“Revenue Bonds”) including the following identified projects: (1) up to $5,000,000 for the rehabilitation of DMA Plaza Apartments, a senior housing project; and (2) up to $2,728,500 for the construction of Oakridge Crossing, a multifamily senior project, provided such projects otherwise qualify and are approved for financing or the allocation of tax credits as may be applicable (collectively, the “Projects”); and WHEREAS, the Authority has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2016 Allocation assigned herein; and -2- WHEREAS, the City has determined that the 2016 Allocation can be utilized most efficiently by assigning it to the Authority to issue Revenue Bonds for the purpose of financing the Projects, and that such assignment will advance the City’s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the city; and WHEREAS, the Council wishes to assign the 2016 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the City and the Authority in substantially the form attached and incorporated herein as Exhibit “A” (the “Assignment of Allocation”). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the assignment to the Authority of the City’s 2016 Allocation of $7,728,500, for use by the Authority for the purposes set forth herein, is hereby approved. Section 3. That the Mayor is hereby authorized to execute the Assignment of Allocation in substantially the form attached hereto as Exhibit “A”, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Draft Assignment 8-22-2016 ASSIGNMENT OF ALLOCATION (Multi-family Housing Facility Bonds) This Assignment of Allocation (the "Assignment"), dated this day of , 2016, is between the City of Fort Collins, Colorado (the “Assignor" or the "Jurisdiction") and the Colorado Housing and Finance Authority (the "Assignee"). WITNESSETH: WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing qualified residential rental projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to finance such projects and for certain other purposes (the "State Ceiling"); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Assignee and other governmental units in the State, and further providing for the assignment of allocations from such other governmental units to the Assignee; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Assignor has an allocation of the 2016 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2016, (the "2016 Allocation"); and WHEREAS, the Assignor has determined that, in order to increase the availability of adequate affordable rental housing for low- and moderate-income persons and families within the Jurisdiction and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2016 Allocation; and WHEREAS, the Assignor has determined that the 2016 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Assignee to support the issuance of Private Activity Bonds for the purpose of financing one or more multifamily rental housing projects for low- and moderate- income persons and families ("Revenue Bonds"), and the Assignee has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2016 Allocation assigned herein; and WHEREAS, the City Council of the Assignor has determined to assign to the Assignee all or a portion of its 2016 Allocation, and the Assignee has agreed to accept such assignment, which is to be evidenced by this Assignment. EXHIBIT A 2 Draft Assignment 8-22-2016 NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, the parties hereto agree as follows: 1. The Assignor hereby assigns to the Assignee $7,728,500 of its 2016 Allocation (the “Assigned Allocation”), subject to the terms and conditions contained herein. The Assignor represents that it has received no monetary consideration for said assignment. 2. The Assignee hereby accepts the assignment to it by the Assignor of the Assigned Allocation, subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds in an aggregate principal amount equal to or greater than the amount of the Assigned Allocation, in one or more series, and to make proceeds of such Revenue Bonds available from time to time for a period of two (2) years from the date of this Assignment to finance multifamily rental housing projects located in the Jurisdiction, including the following identified projects: (i) up to $5,000,000 for the rehabilitation of DMA Plaza Apartments, a senior housing project; and (ii) up to $2,728,500 for the construction of Oakridge Crossing, a multifamily senior project; provided such projects otherwise qualify and are approved for financing and/or the allocation of tax credits as may be applicable. 3. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the Assigned Allocation as an allocation for a project with a carryforward purpose, in lieu of issuing Revenue Bonds. 4. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Assignment. 5. Nothing contained in this Assignment shall obligate the Assignee to finance any particular multi-family rental housing project located in the Jurisdiction, subject to paragraph 2 above. 6. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. 7. This Assignment is effective upon execution and is irrevocable. 3 Draft Assignment 8-22-2016 IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the date first written above. [S E A L] City of Fort Collins, Colorado a municipal corporation ATTEST: By: Name: Title: By: Name: Wade O. Troxell, Mayor APPROVED AS TO FORM: ___________________________________________________ Assistant City Attorney COLORADO HOUSING AND FINANCE AUTHORITY [S E A L] ATTEST: By: Assistant Secretary By: Name: Title: r P l e a s a n t O a k Dr Jamison Dr Twin Oak C t Thyme Ct S h e n a n doah Cir D a k o t a C t Unity Ct O ak P a rk D r Armsley Ct Angelo Ct L i v e O a k Ct Last O ak Ct Jamison Ct Burlington Ct Arcada Ct San Remo Cir I n novation Dr Mcmurry Ave Wheaton Dr O akrid g e D r K eenland D r E Harmony Rd E Harmony Rd Oakridge Crossing 1 inch = 500 feet © Site ATTACHMENT 5