Loading...
HomeMy WebLinkAbout2005-109-10/04/2005-SETTING FORTH THE INTENTION OF THE CITY TO SUPPORT THE ALLOCATION OF PRIVATE ACTIVITY BOND FUNDING T RESOLUTION 2005-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENTION OF THE CITY TO SUPPORT THE ALLOCATION OF PRIVATE ACTIVITY BOND FUNDING TO THE COLORADO HOUSING AND FINANCE AUTHORITY TO FINANCE MULTI-FAMILY SENIOR HOUSING REVENUE BONDS FOR THE OAKBROOK MANOR I PROJECT WHEREAS, the City of Fort Collins (the "City") is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing multi-family rental housing projects for low-income seniors; 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 rental housing 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 Colorado Housing and Finance Authority (the "Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City had an allocation of the 2005 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of up to $5,018,440 prior to September 15, 2005 (the "2005 Allocation"); and WHEREAS, the City was approached in late August 2005 by Emerald Housing Partners, LLC (the "Applicant") who sought to apply for the City's allocation of the 2005 State Ceiling for the issuance of Private Activity Bonds for the Oakbrook Manor I Project (the "Project"); and WHEREAS, due to the limited time between Applicant's statement of interest and the September 15, 2005 statutory relinquishment date, the City could not assign its allocation of the 2005 State Ceiling to the Applicant; and WHEREAS, on September 14, 2005, the City requested that the Colorado Department of Local Affairs ("DOLA"), which manages the State Ceiling, reserve an amount equal to the City's 2005 Allocation until October 5, 2005; and WHEREAS, DOLA indicated a willingness to reserve $5,018,440 and authorize the Authority to issue Private Activity Bonds for the Applicant's Project if the City Council were to determine that the Project qualifies as an affordable housing project under City policy and ordinances; and WHEREAS, the City Council has determined that, in order to increase the availability of adequate affordable housing by low- and moderate-income persons and families within the city and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the $5,018,440 to advance that objective; and WHEREAS, the City has determined that the Project, a multi-family housing project for low-income seniors located at 3200 Stanford Road near the central part of Fort Collins, which includes 107 housing units and various management, maintenance and community areas, or, if the Project does not proceed, for one or more rental housing projects for low- and moderate- income persons and families in the Fort Collins area, is an important improvement that would augment affordable housing in the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Collins as follows: Section 1. That the City of Fort Collins would benefit by the increased availability of adequate affordable housing and hereby determines that the Project qualifies for affordable housing funds as an affordable housing project under the City's policy and ordinances. Section 2. That the City Manager is hereby authorized to take such steps or actions as may be necessary to effectuate the purposes of this Resolution. Section 3. That if any section, paragraph, clause, or provision of this Resolution 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 4. That this Resolution shall be in full force and effect upon its passage and approval. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of October, A.D. 2005. i Mayor ATTEST: City Clerk