HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2019 - RESOLUTION 2019-071 AUTHORIZING THE ASSIGNMENT OFAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY June 4, 2019
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
Ingrid Decker, Legal
SUBJECT
Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019 to
Housing Catalyst to Finance the New Construction of Affordable Housing Units.
EXECUTIVE SUMMARY
The purpose of this item is to support the new construction of an affordable housing development, to be
located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The State of Colorado Private Activity Bond (PAB) allocation program is established by the Colorado Private
Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32-1707, et seq., (the Allocation
Act). PABs are tax-exempt bonds that can be issued by eligible 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. Historically, PAB financing
has also been used by the City for economic and industrial development purposes.
In 2019, the total amount available statewide is $598,034.220. Fifty percent of the state ceiling is allocated
directly to statewide authorities and the other half is allocated directly to local governments based on
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 2019 is $8,773,643. (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 to the
state’s pool of available bond capacity.
The Colorado Housing and Finance Authority (CHFA) offers a 4% Low Income Tax Credit Program which is a
financing mechanism for the development and rehabilitation of affordable housing. CHFA requires these types
of financing deals to include private activity bonds. 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 to the state’s pool of available bond capacity. In 2013, 2014, 2015 and 2017 the City
assigned its full allocation to the Fort Collins Housing Authority, now Housing Catalyst (HC), for the
rehabilitation of affordable rental housing units. In 2016, the PAB was assigned to CHFA for the benefit of two
local affordable housing projects.
As of 2018, the City implemented an application process for requesting the City’s allocation of PAB. The
guidelines are set forth in the City’s General Financial Policies. Applications are due annually by March 15. In
Agenda Item 17
Item # 17 Page 2
2018, the City received two applications for the City’s allocation of PAB; one was from CHFA for DMA Plaza
and one was from HC for future affordable housing development. The City provided PAB capacity to both
projects.
This year the City only received one application for a qualifying affordable housing project. (Attachment 2)
This application was submitted by HC for the full $8,773,643 to begin accumulation of the PAB capacity
needed to fund a new development in partnership with the Fort Collins Downtown Development Authority to be
located at 140 East Oak Street. (Attachment 3). This is the site of the former Downtown Elks Club. The
property will be 66 affordable rental homes for households with incomes ranging from 0-80% area median
income.
The City’s PAB committee made up of staff representatives from Social Sustainability, Economic Health and
the Finance department recommends assigning the entire 2019 allocation to HC for the new construction of
affordable housing. New construction of affordable rental units is a permissible and beneficial use of the City’s
2019 allocation and support the outcomes sought by the City’s Affordable Housing Strategic Plan. HC has
authority to issue bonds so the City will not be the issuer. For HC to use the City’s allocation of PAB capacity,
City Council must adopt a resolution assigning the 2019 PAB allocation to HC for the qualifying project stated
in HC’s application. Additionally, the use of the City’s allocation is evidence of local support for this affordable
housing project, which helps leverage other funding sources and is required for CHFA’s 4% Low Income Tax
Credit Program.
CITY FINANCIAL IMPACTS
The Private Activity Bonds will be issued by HC 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 development and does not
constitute a debt of the City. This action will not affect the City's credit rating. The construction of 66 units will
require goods and labor which will benefit the local economy.
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board supports granting HC’s request and recommends that City Council adopt a
resolution assigning the City’s 2019 PAB Allocation to HC. (Attachment 4)
PUBLIC OUTREACH
The Affordable Housing Board heard this matter at their May meeting which was open to the public. The
process to seek PAB capacity is detailed on the Social Sustainability Department’s web page and the
guidelines are set forth in the City’s General Financial Policies.
ATTACHMENTS
1. 2019 Direct Allocations (PDF)
2. Housing Catalyst's Request for 2019 PAB Allocation (PDF)
3. Project Location Map (PDF)
4. Affordable Housing Board minutes, May 2, 2019 (draft) (PDF)
2019
Colorado Private Activity Bond
Direct Allocations
Statewide Pop. PAB Cap Available
5,695,564 $598,034,220.00
Local Issuers Population PAB Cap Local Issuers Population PAB Cap
Denver County 715,530 $37,565,325 La Plata County 56,398 $2,960,895
Colorado Springs 473,648 $24,866,520 Pueblo County 55,756 $2,927,190
Aurora* 364,674 $19,145,385 Parker 55,610 $2,919,525
Douglas County 219,961 $11,547,953 Eagle County 55,427 $2,909,918
Jefferson County 209,005 $10,972,763 Fremont County 48,186 $2,529,765
El Paso County 207,284 $10,882,410 Littleton* 47,588 $2,498,370
Fort Collins 167,117 $8,773,643 Brighton* 39,947 $2,097,218
Lakewood 156,596 $8,221,290 Northglenn* 38,694 $2,031,435
Weld County 147,305 $7,733,513 Englewood 34,763 $1,825,058
Arapahoe County 137,871 $7,238,228 Wheat Ridge 31,766 $1,667,715
Thornton* 137,302 $7,208,355 Delta County 31,006 $1,627,815
Arvada* 119,136 $6,254,640 Summit County 30,983 $1,626,608
Adams County 115,598 $6,068,895 Fountain 30,169 $1,583,873
Westminster* 112,874 $5,925,885 Lafayette 28,939 $1,519,298
Pueblo, City of 112,542 $5,908,455 Morgan County 28,468 $1,494,570
Centennial 111,863 $5,872,808 Montezuma County 26,439 $1,388,048
Boulder, City of 108,472 $5,694,780 Windsor 26,319 $1,381,748
Greeley 106,416 $5,586,840 Elbert County 25,952 $1,362,480
Larimer County 96,537 $5,068,193 Routt County 25,530 $1,340,325
Longmont* 94,191 $4,945,028 Teller County 24,970 $1,310,925
Mesa County 87,890 $4,614,225 Erie* 23,940 $1,256,850
Loveland 77,872 $4,088,280 Montrose County 22,675 $1,190,438
Broomfield 69,123 $3,628,958 Logan County 22,200 $1,165,500
Grand Junction 66,137 $3,472,193 Louisville 21,450 $1,126,125
Castle Rock 63,635 $3,340,838 Evans 21,269 $1,116,623
Boulder County 62,452 $3,278,730 Golden 21,136 $1,109,640
Garfield County 59,995 $3,149,738 Chaffee County 19,898 $1,044,645
Commerce City 56,641 $2,973,653 Montrose 19,673 $1,032,833
$282,072,957.00
4,457,667 915,151
Population PAB Cap Minimum 19,048 $1,000,000
Total Local Issuers: 5,372,818 282,072,957 47%
* denotes multi-county place
Statewide Authorities:
CHFA $289,017,110.00 48%
CADA $10,000,000 2%
Total Authorities $299,017,110
Statewide Balance 322,746 $16,944,153 3%
TOTAL PAB 5,695,564 $598,034,220 100%
5,695,564 $598,034,220
TRUE TRUE
Total Local Issuers:
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ATTACHMENT 1
ATTACHMENT 2
W Mountain Ave E Mountain Ave
Remington St
S College Ave
Walnut
St
Mathews St
W Oak St E Oak St
³I287
140 E Oak St
Fort Collins, CO 80524
Printed: March 26, 2019
Parcel Site
0 150 300 600
Feet
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 the accuracy, timeliness, or completeness, and in particular, 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 user 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. The City disclaims, and shall not be held liable for any and all damage, loss, or
liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof
by any person or entity.
ATTACHMENT 3
AFFORDABLE HOUSING BOARD
REGULAR MEETING
5/2/2019 – MINUTES Page 2
6. PRESENTATIONS AND DISCUSSIONS
A. Private Activity Bond—Sue Beck-Ferkiss, Social Sustainability, Consider request to
assign 2019 capacity
Request from Housing Catalyst for our Private Activity Bonds (PAB). Every year, the state
gives us bond capacity—not actually funding but capacity. The Housing Catalyst request is
for a mixed-use project with 66 affordable units. It will be in the former Elks location
downtown in conjunction with Downtown Development Authority. They will require $12
million in PAB, which is more than this year’s capacity. Our allocation this year is almost $9
million and Housing Catalyst is asking for the entire amount to be assigned to them.
Housing Catalyst does have the authority to issue bonds, so they will issue their own. The
PAB committee (staffed by Social Sustainability Department, Economic Health Office, and
Finance) supports this request.
Comments/Q&A:
• Sue: Would you like to make a recommendation to City Council about this request?
o Jen: No one else requested?
o Sue: Not this year. Until 2017 it was first-come first-served, but that was when
there was excess state capacity. There is now a March 15 deadline for
requests.
o Diane: Why did we decide on a March 15 deadline?
o Sue: If you don’t act to issue the bonds yourself or assign them to someone
by September 15, they get reverted back to the state, and we wanted to give
ourselves enough time.
Diane made a motion to support the assignment of the City’s full 2019 Private Activity
Bond capacity to Housing Catalyst pursuant to their request to be used for the new
construction of affordable housing. Catherine seconded. Passed unanimously 5-0-0.
ATTACHMENT 4
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RESOLUTION 2019-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ASSIGNMENT OF THE CITY’S PRIVATE
ACTIVITY BOND ALLOCATION FOR 2019 TO HOUSING CATALYST TO
FINANCE THE NEW CONSTRUCTION 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” or “PAB”) which may be issued in the
State (the “State Ceiling”); and
WHEREAS, pursuant to the Code, the Colorado General Assembly 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, 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 2019 State Ceiling for the issuance of Private
Activity Bonds in the aggregate principal amount of $8,773,643 (the “2019 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 City received only one application for the 2019 Allocation, from
Housing Catalyst (“HC”); and
WHEREAS, the City’s PAB Committee reviewed the application and recommends
assigning the 2019 Allocation to HC, pursuant to Section 24-32-1706 of the Allocation Act; and
WHEREAS, HC is accumulating the PAB allocation needed to fund a future affordable
housing construction project in downtown Fort Collins on the site of the former Elks Club
building (the “HC Project”), and the 2019 Allocation would be used for this purpose; and
WHEREAS, HC has expressed its willingness to attempt to issue Revenue Bonds in an
amount equal to or greater than the 2019 Allocation; and
WHEREAS, the City Council finds that the 2019 Allocation can be utilized most
efficiently by assigning it to HC to issue Private Activity Bonds for financing the HC Project,
and that such assignment to HC 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;
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and
WHEREAS, the Council wishes to assign the 2019 Allocation to HC, which assignment
is to be evidenced by an Assignment of Allocation between the City and HC; and
WHEREAS, a draft of the proposed Assignment of Allocation is attached as Exhibit “A,”
and incorporated by reference.
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 City Council hereby approves assignment to Housing Catalyst of
the City’s 2019 Allocation for the HC Project as described herein is hereby approved.
Section 3. That the City Council hereby authorizes the Mayor to execute an
Assignment of Allocation with Housing Catalyst in substantially the form attached 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 4th
day of June, A.D. 2019.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
DRAFT Assignment of Allocation 6-4-2019
ASSIGNMENT OF ALLOCATION
THIS ASSIGNMENT (the “Assignment”), dated ________ , 2019 is between the
City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and Housing Catalyst, a
body corporate and politic (the “Assignee”).
RECITALS
A. The Assignee intends to finance the construction of 66 units of rental housing at a
new affordable housing development, in partnership with the Fort Collins Downtown
Development Authority, to be located at 140 E. Oak Street for households with incomes ranging
from 0-80% of area median income (the “Project”.) The Project will be designed to qualify as a
“project” within the meaning of Title 29, Article 4, Part 2, Colorado Revised Statutes, as
amended (the “Act”).
B. The Assignee intends to provide for the issuance of its Multifamily Housing
Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of
financing the Projects.
C. The Assignee has requested that the Assignor assign to the Assignee all
$8,773,643 of the Assignor’s 2019 allocation (the “Allocation”) under the bond ceiling for the
State of Colorado and its issuing authorities (“the State Ceiling”) computed under Section 146(d)
of the Internal Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated
local issuing authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the
“Allocation Act”), for use in connection with the financing of the Projects.
D. Subject to the terms and conditions set forth herein, the Assignor desires to assign
to the Assignee, and the Assignee desires to accept, $8,773,643 of the Assignor’s 2019 allocation
from the State Ceiling.
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. The Assignor hereby assigns and transfers to the Assignee the Assignor’s 2019
Allocation from the State Ceiling for private activity bonds in an amount equal to $8,773,643.
The Assignor and the Assignee understand that such assigned allocation shall automatically be
relinquished to the “Statewide Balance” as defined under the Allocation Act unless (a) the
Proposed Bonds are issued by the Assignee on or before September 15, 2019, or (b) Section
24-32-1706(3)(c), C.R.S., applies.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
2
3. The Assignee hereby:
(a) accepts the assignment of $8,773,643 of the Assignor’s Allocation from
the State Ceiling described above;
(b) agrees to use its best efforts to issue and use the Proposed Bonds for the
purpose of financing the Project; and
(b) agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of such Allocation.
4. 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 assignment set forth herein as an
allocation for a project with a carryforward purpose.
5. This Assignment shall not constitute a 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.
[The remainder of this page is intentionally left blank]
DRAFT Assignment of Allocation 6-4-2019
[Signature Page to Assignment of Allocation]
S-1
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 FORT COLLINS, COLORADO,
as Assignor
____________________________________
[SEAL] Wade O. Troxell, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
City Clerk Assistant City Attorney
____________________________ _______________________________
(print name) (print name)
HOUSING CATALYST, as Assignee
By: ________________________________
[SEAL] Its: ________________________________
ATTEST:
By: ________________________________
Its: ________________________________