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HomeMy WebLinkAbout2013-079-09/17/2013-CONCERNING A LOAN FROM THE CITY OF FORT COLLINS TO THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE RESOLUTION 2013-079 OF COUNCIL OF THE CITY OF FORT COLLINS CONCERNING A LOAN FROM THE CITY OF FORT COLLINS TO THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE PURPOSE OF FUNDING CERTAIN IMPROVEMENTS FOR THE PROSPECT STATION PROJECT AND DECLARING THE CITY COUNCIL'S PRESENT INTENT TO FUND SUCH LOAN WHEREAS, on June 6, 1978, the City Council adopted Resolution 78-49, adopting findings and establishing the Fort Collins Urban Renewal Authority (the"Authority") as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended (the "Act"); and WHEREAS, by Resolution 2011-080, adopted and approved on September 6, 2011, the City Council found and declared that the area described in such Resolution (the "Midtown Area") is a blighted area as described in the Act and appropriate for an urban renewal project; and WHEREAS, by Resolution 2011-081, adopted and approved on September 6, 2011, the City Council adopted an urban renewal plan for the Midtown Area in Fort Collins, which area includes the Property; and WHEREAS, by Resolution 2013-043, adopted and approved on May 7, 2013, the City Council adopted amendments to the previously adopted urban renewal plan for the Midtown Area (as amended, the "Urban Renewal Plan" or the "Plan"); and WHEREAS, the purpose of the Urban Renewal Plan is to eliminate blight and otherwise implement and further the above-referenced Resolutions, and the purposes, policies, goals, and objectives of the Authority and the Plan, pursuant to the Act; and WHEREAS, Prospect Station, LLC (the "Developer") desires to construct a new residential and commercial development with approximately 29 residential rental units and one small retail commercial space immediately west of the Mason Trail, south of Prospect Road (the "Project"); and . WHEREAS, by separate action on this date, the Board of Commissioners of the URA (the 'Board"), by the adoption of Resolution No. 061, will consider whether providing financial assistance to the Developer for the Project is in the best interests of the URA and serves important public purposes within the plan area, including the promotion, retention and expansion of local businesses; improving the property and sales tax base; enhancing and building public infrastructure; eliminating blight; and otherwise furthering and implementing the purposes, goals, and objectives of the Plan; and - 1 - ' l WHEREAS, pursuant to Resolution No. 061, the Board will consider authorization of Redevelopment Agreement for the reimbursement of certain redevelopment costs required for completion of the Project (the "Agreement"); and WHEREAS, the total cost of the Project is expected to be approximately $5.9 million and the cost of the activities and improvements to be funded by the URA is capped at$ 494,000, half of which ($247,000) will be paid upon completion of the determination of the eligible costs for reimbursement(the"Initial Reimbursement"), and the other half of which ($247,000) will be paid over time from the tax increment revenues expected to be generated by the Project; and WHEREAS, the URA must borrow funds to pay for the Initial Reimbursement until it is able to use the additional increment of property tax generated by the Developer's Project to issue a bond or obtain other financing; and WHEREAS, the City Council wishes to.state its present intent to authorize a loan to the URA to fund the Initial Reimbursement, as more specifically provided herein; and WHEREAS, upon completion of the Project and a determination of the final amount of the reimbursement to the Developer under the Agreement, the City Council intends to lend to the URA, subject to appropriation of funds for such purpose, and the execution of a loan agreement (the "Loan Agreement') and promissory note ("Note") appropriate to evidence the URA's obligation for repayment, the amount of the Initial Reimbursement (the "Loan"); and WHEREAS, the interest rate and payment schedule for the Loan will be set by the City's Financial Officer in accordance with the City Council approved policy for interfund loans in effect at the time of the Loan; and WHEREAS, the City is authorized by Section 31-25-105 of the Colorado Revised Statutes to borrow money in such amounts as may be needed to meet its purposes; and WHEREAS, the City Council believes that the Loan is in the best interests of the City and the URA and will promote the mutual purposes of the City and the URA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE FORT COLLINS as follows: Section 1. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City's Charter, and in accordance with the foregoing recitals, that adopting this Resolution, entering into the Loan Agreement, and facilitating the provision by the Authority of support for the Project in the form of the Initial Reimbursement are necessary, convenient, and in furtherance of the City's purposes and are in the best interests of the inhabitants of the City; and will serve the important public purpose of facilitating the elimination and prevention of blight and the redevelopment of property within the Midtown Area. - 2 - Section 2. The City Council hereby authorizes and directs the City Manager, upon request of the URA for the Loan, in consultation with the Financial Officer and the City Attorney, to prepare a Loan Agreement and Note consistent with the terms of the Resolution and the City Council-adopted policy for interfund loans. Said Loan Agreement and Note shall include a payment schedule for the remaining tern of the tax increment revenues to be received by the URA from the Project, and a provision for repayment in the event the URA issues bonds for which said revenues are to be pledged. Section '). Provided that funds necessary for the Loan have been appropriated by the City Council, the City Manager is hereby authorized to execute said Loan Agreement and, upon execution of the Loan Agreement and Note by the URA Executive Director, the City Manager is further authorized to make the Loan to the URA in accordance with the terms and conditions set forth in the Loan Agreement and this Resolution. Section 4. This Resolution shall not create a general obligation or other indebtedness or multiple fiscal year direct or indirect debt or other financial obligation of the City within the meaning of its Home Rule Charter or any constitutional debt limitation, including Article X, Section 20 of the Colorado,Constitution. . Section 5. The actions set forth in this Resolution are contingent upon the approval by the Board of Board Resolution No. 061, authorizing the Agreement and the Loan, consistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of September, A.D. 2013. F FORT. Ma or ATTEST: 'Vim' •• •��� rp City Clerk Off•. �ORA'JO 3 -