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HomeMy WebLinkAbout118 - 08/03/1999 - AUTHORIZING THE ISSUANCE OF $8,980,000 ADJUSTABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SER ORDINANCE NO. 118, 1999 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $8,980,000 ADJUSTABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS,SERIES 1999 (DRY CREEK APARTMENTS PROJECT),BY THE CITY OF FORT COLLINS,COLORADO, THE PROCEEDS OF WHICH SHALL BE LOANED TO REDWOOD HOUSING LIMITED PARTNERSHIP TO FINANCE THEACQUISITION,CONSTRUCTION,INSTALLATION AND EQUIPPING OF A MULTIFAMILY RESIDENTIAL RENTAL HOUSING FACILITY; AUTHORIZING THE ISSUANCE OF ADDITIONAL BONDS;PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SUCH BONDS; AUTHORIZING A LOAN AGREEMENT AND A TRUST INDENTURE APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE SUCH BONDS; AUTHORIZING A BOND PURCHASE AGREEMENT AND PRELIMINARY AND FINAL OFFICIAL STATEMENTS;AUTHORIZING A DECLARATION OF RESTRICTIVE COVENANTS AND REGULATORY AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT AND CARRY OUT THE PURPOSES OF THIS ORDINANCE AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. WHEREAS,the City of Fort Collins,Colorado(the"City"),is a municipal corporation duly organized and existing as a home rule city under the laws of the State of Colorado (the "State"), in particular under the provisions of Article XX of the State Constitution and under the home-rule charter of the City (the "Charter"), and is a political subdivision of the State; WHEREAS,subject to certain exceptions herein,all legislative powers possessed by the City, conferred by Article XX of the State Constitution,contained in the Charter or otherwise existing by operation of law, are vested in the City Council of the City (the "City Council"); WHEREAS, Redwood Housing Limited Partnership, an Ohio limited partnership (the 'Borrower"),has requested the City to finance the acquisition, design, construction and equipping of a multifamily housing facility for persons of low and moderate income comprised of approximately 150 residential units and related amenities and equipment,located on a parcel of land at the southeast corner of Redwood Street and Conifer Street within the boundaries of the City, known as Dry Creek Apartments(the"Development")through the issuance of the City's Adjustable Rate Demand Multifamily Housing Revenue Bonds, Series 1999 (Dry Creek Apartments Project) (the "Bonds"); WHEREAS, pursuant to Article XX of the State Constitution, the Charter and its plenary grant of powers for the government and administration of its local and municipal affairs and the County and Municipality Development Revenue Bond Act, as amended, §§29-3-101 C.R.S. (the "Act"), the City is empowered to issue and sell the Bonds to finance the Development for the Borrower; WHEREAS, the Bonds are special, limited obligations of the City, payable solely from the monies pledged to the payment thereof, and no holders of any Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the principal of the Bonds or the interest thereon or any cost incident thereto, or to enforce payment thereof against any property of the City. The Bonds shall not constitute a debt or multiple-fiscal year financial obligation of the City,the City shall not be liable therefore and neither the faith, revenues, credit nor taxing power of the City is pledged to the payment of the principal of or interest on the Bonds; WHEREAS, the City desires to have the Development meet the requirements of Section 142(d)(1)(B)of the Code by having forty percent(40%)or more of the Development units occupied by individuals and families whose income is sixty percent(60%) or less of the Median Income for the Area, and in order to ensure that these and other requirements of the Code are complied with, desires to enter into the Regulatory Agreement (defined below) to be recorded among the land records of Larimer County, Colorado; WHEREAS, the City Council hereby determines that the acquisition, construction and financing of the Development are in the best interests of the City and that the City should issue the Bonds to pay a portion of the costs of the Development in order to encourage and assist the Borrower to design, acquire, construct and equip the Development; WHEREAS, as required under the Act, the City Council hereby determines that (1) the amount necessary in each year to pay the principal of and the interest on the Bonds is set forth in the Indenture (defined below), (2) no reserve funds need to be established in connection with the retirement of the Bonds or the maintenance of the Development, and (3) under the terms and conditions of the Loan Agreement (defined below), the Borrower is required to maintain the Development and to carry all proper insurance with respect thereto; and WHEREAS, proposed forms of the following documents have been presented to the City for approval in connection with the issuance,sale,and delivery of the Bonds and are on file with the City Clerk: 1. Trust Indenture(the"Indenture")between the City and a trustee to be named therein (the"Trustee"), with respect to the proposed Bonds,including the proposed form of the Bonds; 2. Loan Agreement(the"Loan Agreement')between the City and the Borrower, with respect to the Bonds; 3. Bond Purchase Agreement (the "Bond Purchase Agreement') with respect to the Bonds among the City, the Borrower, Fifth Third Bank, as provider of a letter of credit(the`Bank"), and Kirkpatrick, Pettis, Smith, Polian Inc. (the"Underwriter"); 4. Declaration of Restrictive Covenants and Regulatory Agreement (the "Regulatory Agreement') among the City,the Borrower and the Trustee; and 5. Preliminary Official Statement(the "Preliminary Official Statement') with respect to the Bonds. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AS FOLLOWS: -2- Section 1. Authorization and Creation of Bond Issue. There is hereby authorized an issue of revenue bonds designated as "City of Fort Collins, Colorado Adjustable Rate Demand Multifamily Housing Revenue Bonds, Series 1999 (Dry Creek Apartments Project), (the "Bonds") to finance the design,acquisition,construction and equipping of the Development. The Bonds shall be in an aggregate principal amount not to exceed $8,980,000, shall bear interest at a weighted average interest rate not to exceed 10%per annum and shall mature over a period of not to exceed 43 years. Section 2. Issuance and Sale of Bonds. The City shall issue the Bonds pursuant to and in accordance with the terms and conditions of the Indenture. The Bonds shall be sold to the Underwriter pursuant to the Bond Purchase Agreement and sold to other investors pursuant to the Official Statement. The proceeds of the Bonds shall be applied in accordance with the terms and conditions of the Indenture and the Loan Agreement. The form,terms and conditions of the Bonds, as described in the Indenture and the exhibits thereto, are hereby approved in all respects. The proper officers and employees of the City,including but not limited to the Mayor,the Clerk and the City Manager are hereby authorized and directed,on behalf of and in the name of the City,to execute and deliver the Bond Purchase Agreement and the Bonds and to cause the City to perform its obligations thereunder. The preparation and distribution of the Preliminary Official Statement with respect to the public offering of the Bonds is hereby authorized and approved. The City Council also hereby authorizes the preparation and distribution of a final Official Statement in conjunction with the offer and sale of the Bonds to the public. The final Official Statement shall contain any additional or updated information so that it will not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein,in light of the circumstances under which they were made, not misleading. If necessary,the Mayor, the Clerk or the City Manager are hereby authorized to execute copies of the final Official Statement. The Preliminary Official Statement is hereby deemed to be final as of its date within the meaning of Rule 15c2-12(b)(1) of the Securities and Exchange Commission. Section 3. Repayment of Bonds. The Bonds shall constitute special,limited obligations of the City payable solely out of the monies payable under the Loan Agreement as provided in the Indenture. The Bonds shall not constitute the debt or indebtedness or a multiple-fiscal year financial obligation of the City, the State or any county, municipality or political subdivision of the State within the meaning of any provision or limitation of the Constitution nor statutes of the State, the Charter or the charter of any other political subdivision of the State. The Bonds shall not constitute or give rise to any pecuniary liability or financial obligation whatsoever or a charge against the general credit or taxing powers of the City, the State or any county, municipality or political subdivision of the State. Section 4. Pledge and Assignment of Pledged Revenues. The City shall pledge and assign to the Trustee the Trust Estate as security for the repayment of the Bonds pursuant to and in accordance with the terms and conditions of the Indenture. The Indenture, substantially similar in form presented to the City Council, and the City's execution, delivery and performance thereof,are hereby approved in all respects,and the proper officers and employees of the City,including but not limited to the Mayor and the Clerk,are hereby authorized and directed,on behalf of and in the name of the City, to execute and deliver the Indenture and to cause the City to perform its obligations thereunder. -3- Section 5. Agreements. The Loan Agreement and Regulatory Agreement, each substantially in the form presented to the City Council, and the City's execution, delivery and performance thereof, are hereby approved in all respects, and the proper officers and employees of the City, including but not limited to the Mayor and the Clerk, are hereby authorized and directed, on behalf of and in the name of the City,to execute and deliver the Loan Agreement and Regulatory Agreement. Section 6. Subsequent Revisions to Documents. The Financial Officer is hereby authorized to approve such changes to and completion of missing information from the Indenture, the Loan Agreement,the Bond Purchase Agreement and the Regulatory Agreement prior to the date of issuance of the Bonds as he deems necessary or advisable and which are not materially inconsistent with this Ordinance or the form of documents presented to the City Council. The approval of the Financial Officer with respect to any such changes shall constitute approval for all purposes of such changes by the City Council without need for any further action or separate approval by the City Council, and the execution and delivery of any of the foregoing documents by any person authorized herein shall constitute conclusive evidence of such approval by the Financial Officer. Section 7. Further Assurances. The proper officers and employees of the City are hereby authorized and directed to take such action, including executing and delivering such additional documents and financing statements, as they deem necessary or advisable to carry out the purposes of this Ordinance, including but not limited to the issuance and sale of the Bonds and the consummation of the transactions contemplated by the Indenture, the Loan Agreement, the Bond Purchase Agreement and the Regulatory Agreement. Section 8. Irrepealability. Upon issuance and sale of the Bonds,this Ordinance and the Indenture shall constitute irrevocable contracts between the City and the owners of the Bonds and shall be irrepealable until all of the principal of and interest on the Bonds have been paid in full and the Bonds have been canceled and discharged. Section 9. Severability. If for any reason any section, subsection, clause or other provision of this Ordinance shall be declared invalid or unenforceable, the invalidity or unenforceability of such section, subsection, clause or other provision shall not affect the validity or enforceability of any other provision of this Ordinance. Section 10. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 11. Ratification of Prior Actions. All actions taken prior to the effective date hereof not inconsistent with the provisions of this Ordinance by any official, employee or agent of the City with respect to any matter addressed herein are hereby ratified and confirmed in all respects. Section 12. Inconsistent Provisions. Any inconsistency between the provisions of this Ordinance and those of the Act is intended by the City Council. To the extent of any such -4- inconsistency the provisions of this Ordinance shall be deemed made pursuant to the Charter and shall supersede to the extent permitted by law the conflicting provisions of the Act. READ, PASSED ON FIRST READING AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 20th day of July, 1999. CITY OF FORT COLLINS, COLORADO Mayor C� ATTEST: gall h� City Clerk READ AND PASSED ON SECOND READING this 3rd day of August, A.D. 1999. Mayor ATTEST: City Clerk -5-