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HomeMy WebLinkAbout1997-002-01/07/1997-COUNTRY RANCH LIMITED PARTNERSHIP PROJECT MULTIFAMILY HOUSING REVENUE BONDS STATE CEILING RESOLUTION 97- 2 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO APPROVING THE ALLOCATION BY THE CITY OF FORT COLLINS, COLORADO OF ITS 1997 ALLOCATION FROM THE STATE CEILING TO ISSUE MULTIFAMILY HOUSING REVENUE BONDS FOR COUNTRY RANCH LIMITED PARTNERSHIP PROJECT WHEREAS, Country Ranch Limited Partnership, a Colorado Limited Partnership (the "Company") intends to acquire, construct and equip a multifamily housing project to be located at the Southeast corner of County Road 49 and Harmony Road, Fort Collins, Colorado, subject to the willingness of the City to finance the project (the "Project') by the issuance of multifamily housing revenue bonds, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the "Act'); and WHEREAS, the City adopted its Resolution No. 96-89 setting forth its intention to issue such multifamily housing revenue bonds for the Project on August 6, 1996; and WHEREAS, Larimer County assigned its 1996 allocation from the State Ceiling for private activity bonds in the amount of $1,514,175 to the City of Fort Collins for the Project on September 11, 1996; and WHEREAS, the City allocated its 1996 allocation from the State Ceiling for private activity bonds to the Project in the total amount of$2,462,775; and WHEREAS, on September 11, 1996 the City filed a timely election to carryforward the City and the Larimer County 1996 bond allocations assigned to the Project until 1997 or thereafter; and WHEREAS, the City now desires to assign to the Project its 1997 allocation from the State Ceiling for private activity bonds in the amount of $2,532,900. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. Subject to the provisions hereof, the City does hereby assign and set aside its 1997 allocation from the State Ceiling in the amount of$2,532,900 for the purpose of issuing multifamily housing revenue bonds (the "Bonds") to finance the Project. The Bonds will not be general obligations of the City. Neither shall the Bonds, including interest thereon, constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Charter of the City, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of revenues derived from and payable by the Company pursuant to financing agreements with the City. Section 2. Prior to any execution of a financing agreement, mortgage, indenture of trust, bond purchase agreement or any other necessary documents and agreements in connection with such Bonds, such documents and/or agreements shall be submitted for approval to the City, and, if satisfactory to the City, their execution shall be authorized by ordinance of the Council pursuant to law. Section 3. Nothing contained in this Resolution shall constitute the debt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Charter of the City, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 4. All resolutions or parts thereof concerning the subject matter hereof in conflict with this Resolution are hereby repealed to the extent of such conflict. This repealer shall not be construed to revive any resolution or part thereof, heretofore repealed. Section 5. The agreements of the City set forth above are expressly conditioned upon the ability and willingness of the City to issue the Bonds as tax exempt obligations under the Federal Income Tax laws existing on the date of the issuance of the bonds. Nothing contained in this resolution shall be construed as requiring the City to issue the bonds and the decision to issue the bonds shall be in the complete discretion of the City. Section 6. If any section, paragraph, clause, or provision of this Resolution with the exception of any section, paragraph, clause or provision limiting the City's financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. This Resolution shall take effect immediately upon its introduction and passage. Passed and adopted at a regular meeting of the City Council held this 7th day of January, 1997. ATTEST: Wanda M. Kra icek l"3 Ann Azari, Mao City Clerk \DED\COUNTRY\CITY.RES