HomeMy WebLinkAbout5220RESOLUTION NO. 5220
RESOLUTION TRANSFERRING TO ARAPAHOE COUNTY, COLORADO THE
ALLOCATION OF THE CITY OF PUEBLO, COLORADO UNDER SECTION
29 -4 -803 AND SECTION 29 -4 -805 OF COLORADO REVISED STATUTES
1973, AS AMENDED, TO FINANCE MORTGAGE LOANS TO PROVIDE MORE
ADEQUATE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND
MIDDLE - INCOME FAMILIES AND PERSONS WITHIN ARAPAHOE COUNTY
AND WITHIN THE CITY WHICH IS LOCATED WITHIN PUEBLO COUNTY,
AND ELSEWHERE IN THE STATE OF COLORADO; DELEGATING THE
AUTHORITY TO ISSUE REVENUE BONDS TO FINANCE SAID MORTGAGE
LOANS WITHIN THE CITY; AND AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF AN ALLOCATION TRANSFER AGREEMENT
AND A DELEGATION AGREEMENT.
WHEREAS, the City of Pueblo, Colorado (the "City ") and
Arapahoe County, Colorado ( "Arapahoe County ") are each authorized by
the County and Municipality Development Revenue Bond Act, constitut-
ing Article 3 of Title 29, Colorado Revised Statutes 1973, as amended
(the "Project Act "), to finance, refinance, acquire, own, lease,
improve and dispose of properties to the end that more adequate resi-
dential housing facilities for low- and middle- income families and
persons may be provided, which promote the public health, welfare,
safety, convenience and prosperity; and
WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980, codi-
f ied as Section 103A of the Internal Revenue Code of 1954, as amended
(the "Federal Act ") , restricts the amount of tax exempt obligations
which may be issued by the Colorado Housing Finance Authority and
local governmental units in the State of Colorado (the "State ") to
finance single - family mortgages to an amount not exceeding the State
ceiling; and
WHEREAS, the Federal Act authorizes the states to provide a
formula for allocating the respective state ceilings among the gov-
ernmental units in such states in a manner different from the federal
allocation formula, and the State of Colorado has provided for such
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an alternate formula for allocation in Part 8 of Article 4 of
Title 29 of Colorado Revised Statutes 1973, as amended (the
"Allocation Act "); and
WHEREAS, the Allocation Act authorizes governmental units
in the State to transfer all or a part of their allocations provided
for in the Allocation Act to any other entity otherwise authorized to
issue bonds to finance single - family mortgages and to accept trans-
fers of such allocations; and
WHEREAS, the Project Act and Part 2 of Article 1 of
Title 29, Colorado Revised Statutes 1973, as amended, provide, in
effect, that any county and municipality may by resolution or ordi-
nance delegate to any other county or municipality its authority
under the Project Act to finance projects under the Project Act; and
WHEREAS, the City and Arapahoe County deem it necessary and
advisable that a program be made available for the origination and
servicing of mortgage loans for residential housing facilities for
low- and middle- income families and persons (the "Mortgage Loans ") in
order to increase the supply of money available for mortgages so that
families and persons of low- and middle- income may finance the pur-
chase of residential housing facilities at less than the prevailing
market interest rate, thereby providing more adequate residential
housing facilities for low- and middle- income families and persons
within both the City and Arapahoe County and elsewhere in the State;
and
WHEREAS, the City desires to transfer to Arapahoe County
its allocation under Section 29 -4 -803 of the Allocation Act to
finance Mortgage Loans to provide more adequate residential housing
facilities for low- and middle- income families and persons within
Arapahoe County and the City and elsewhere within the State; and
WHEREAS, the City desires to delegate to Arapahoe County
the authority to act on its behalf in the issuance of qualified
mortgage bonds pursuant to the allocation granted under Section
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29 -4 -805 of the Allocation Act and to transfer the City's allocation
under Section 29 -4 -805 of the Allocation Act to finance Mortgage
Loans to provide more adequate residential housing facilities for
low- and middle - income families and persons within Arapahoe County
and the City and elsewhere within the State; and
WHEREAS, the City desires to delegate to Arapahoe County
its power under the Project Act to issue revenue bonds to finance
Mortgage Loans to provide more adequate residential housing facili-
ties for low - and middle- income families and persons within the City;
and
WHEREAS, Arapahoe County desires to accept such transfers
and delegation and to finance Mortgage Loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within Arapahoe County and the City and elsewhere within
the State; and
WHEREAS, economies of time and expense will result from one
governmental unit financing Mortgage Loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within both the City and Arapahoe County and elsewhere
within the State; and
WHEREAS, it is necessary to evidence such transfers and the
acceptance of such transfers by the Allocation Transfer Agreement
attached hereto as Exhibit A (the "Allocation Transfer Agreement ")
which will be executed and delivered by the City and Arapahoe County;
and
WHEREAS, it is necessary to evidence such delegation and
the acceptance of such delegation by the Delegation Agreement
attached hereto as Exhibit B (the "Delegation Agreement ") which will
be executed and delivered by the City and Arapahoe County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF PUEBLO, COLORADO:
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Section 1. In order to insure the financing of Mortgage
Loans to provide more adequate residential housing facilities for
low- and middle - income families and persons within the City at the
earliest possible date, which will promote the public health, wel-
fare, safety, convenience and prosperity of the inhabitants of the
City, it is deemed necessary and advisable that the Allocation
Transfer Agreement and the Delegation Agreement be approved, executed
and delivered by and on behalf of the City.
Section 2. The form, terms and provisions of the
Allocation Transfer Agreement and the Delegation Agreement hereby are
approved and the Mayor of the City and the City Clerk hereby are
authorized and directed to execute and deliver the Allocation
Transfer Agreement and the Delegation Agreement.
Section 3. The Mayor and the City Clerk hereby are autho-
rized and directed to take such other steps or actions as may be
required to carry out the terms and intent of this resolution, the
Allocation Transfer Agreement and the Delegation Agreement.
Section 4. Nothing contained in this resolution, in the
Allocation Transfer Agreement or in the Delegation Agreement shall
obligate the City, except to the extent described in the Allocation
Transfer Agreement and in the Delegation Agreement, nor constitute
the debt or indebtedness of the City within the meaning of the
Constitution or statutes of the State or the home rule charter of any
political subdivision thereof, nor give rise to a pecuniary liability
of the City or a charge against its general credit or taxing powers.
Section 5. If any section, paragraph, clause or provision
of this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenf orceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this resolution.
Section 6. All action (not inconsistent with the
provisions of this resolution) heretofore taken by the Council and
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the officers of the City directed toward the authorization
of the Allocation Transfer Agreement and the Delegation
Agreement hereby is ratified, approved and confirmed.
Section 7. This resolution shall be in full force and
effect upon its passage and approval.
Section 8. The term "Mayor" as used herein means and
includes the President of the City Council of Pueblo, a
Municipal corporation.
ATTEST
�4'4 L J
7 t 4 y , Clerk
INTRODUCED August 8th , 1983
BY Michael Occhiato
Councilman
APPROVED:
2�' / ��
President of the Council
Sherman & Howard
A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN RENO, NEVADA,
Hill Cassas deLipkau and Erwin, rc.
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DENVER, COLORADO 80202 TELEX: 454368 TELEPHONE 702 323 -1601
SAMUEL S. SHERMAN, JR.
STEPHEN M. BRE7
DAVID THOMAS III
CHRISTINA C. BAUER
RICHARD K. PARKS
DANIEL E. KLAUS
WINSTON S. HOWARD
CONSTANCE L. HAUVER
CYNTHIA C BENSON
STANLEY M. RAINE
JOHN C. TAGGART
SUSAN R. HARRIS
ROBERT M. JOHNSON
LEE DALE
STUART H. PACK
PETER B. NAGEL
CHERYL J. HANSON
ELIZABETH R. CARVER
ARTHUR K. UNDERWOOD. JR.
CHRISTOPHER LANE
JOSEPH) BRONESKY
GREG H. SCHLENDER
BARBARA A. MCDONNELI
JULIE K. M,,CURDY
JOHN W LOW
PAUL J. SCHLAUCH
JOHN L. DeWEERDT
BARBARA FORT JONES
CATHERNE J. BOGGS
JAMES B. HOLDEN
THOMAS B. FAXON
KURT A. KAUFMANN
CHARLES Y TANABE
THEODORE A.OLSEN
KATHARINE K. DLIVIVIER
RAYMOND J. TURNER
CRAIG A. CHRISTENSEN
ROBERT L. BROWN
CRAIG R. MAGINNESS
PAUL C. DAW
GARTH C. GRISSOM
R. MICHAEL SANCHEZ
JANE ROBERTS
ELLEN W. REATH
JEFFREY M. STOLER
WILLIAM P. CANTWELL
THEODORE E. WORCESTER
JAMES M. KING
SCOTT E. SPENCER
LOUIS C. WHRSETT
MICHAEL D. GROSHEK
ANDREW L. BLAIR, JR.
WILLIAM L. HUNNICUTT
WILLIAM H. BUTTER
CHRISTOPHER J. KOENIGS
WLLIAM F. SCHOEBERLEIN
RODNEY D. KNUTSON
ROBERT E. YOULE
WILLIAMW BOTHWELL
RANDALL R. STEICHEN
M A. WILLIAMS
H. CLAY WHITLOW
ARLENE S. BORROW
ELIZABETH) GREENBERG
KENTJ.LUND
ARTHUR J. SEIFERT
EDWARD W. NOTTINGHAM
JULIAN K. QUATTLEBAUM III
ROBERT NEECE
CRAIG PALM
CHARLES EDWARD PALMER
WILLIAM R. MARSH
ALAN J. GILBERT
MARY VOLK GREGORY
SANDRA L. MAGERFLEISCH
Resldentin Reno
JAMES E. HAUTZINGER
CHARLES W NEWCOM
HAROLD G. MORRIS. JR.
RONALDM.EDDY
ROSS B. H. BUCHANAN
Members d the Nerodo Bar
DON H.SHERWOOD
MARK L. FULL FORD
RAYMOND. M. DEENY
MARIAM J. MASID
STEVEN C. DEMBV
EARL M. HILL
W DAVID FANTLE
JAMES E WOOD
JEROME A. BREED
KENNETH L. SALAZAR
REBECCA A. FISCHER
FRANK CASSAS
JAMES L. CUNNINGHAM
CASSANDRA GAY SASSO
DEEP WISOR
ROBERT S. MINK
ANDREW W. LOEWI
ROSS E. deLIPKAU
MICHAEL L. CHI
ROBERT P. MITCHELL
WALT V SI
CORINNE M. JOHNSON
DAVID H. JAFFER
THOMAS P. ERWIN
DOUGLAS M. CAIN
RICHARD B. BOWLES
DAVID M. SWINTON
MAW M. PHILLIPS
POBERTE. McCARTHY
WANE F. WURZER
DUNCAN A. CAMPBELL III
RICHARD W. WRIGHT
MAW J. KELLY
THEODORE R. MCELROY
JCHNO.SWENDSEID•
DAVID R. JOHNSON
KENNETH B. SIEGEL
Counsel
MARGARET E. MALCHOW
SUSAN B. RICHTER
FRANK W. THOMPSON
GARY L. GREER
DOUGLAS W. FIX
DAVID W MILLER
MARTIN D. BROWN
*Also cdmiBed in Colorado
November 1, 1983
Ms. Marian D. Mead
Clerk, City of Pueblo
Box 1427
Pueblo, Colorado 81002
Dear Ms. Mead:
Arapahoe County, Colorado
Single Family Mortgage Revenue Bonds
Sgries_1983A
Enclosed f or your records is a set of the documents which
transferred the allocation of the City of Pueblo for the housing bond
issue captioned above.
Again, thank you for your cooperation, and please call me
if you have any questions or comments about the enclosed documents.
Sincerely yours,
P Il e-
Mary M. Phillips
MMP /njr
Enclosures
cc: Richard Fontane
George R. Baum & Company
Thereupon, the presiding officer declared the motion car-
ried and the resolution duly passed and adopted.
After other action or business not related to the foregoing
resolution, on motion duly made, seconded and adopted, the meeting
thereupon adjourned.
(SEAL)
Attest:
City Cler
- Mayor
9:IC
STATE OF COLORADO )
COUNTY OF PUEBLO ) SS.
CITY OF PUEBLO )
I I Marian D. Mead , the duly qualified and acting City
Clerk of the City of Pueblo, Colorado (the "City "), in the County of
Pueblo and State of Colorado, do hereby certify:
1. The foregoing pages numbered -1- to -8 -, inclusive, are
a true, perfect and complete copy of the record of proceedings of the
Council of the City had and taken at a lawful meeting of the Council
held at Council Chambers City Ball , Pueblo, Colorado
on Aug. 8 _, 1983 at 7: 3 0 p.m., as recorded in the regular
official book of the proceedings of the City kept in my office so far
as the proceedings relate to the resolution therein set forth, the
proceedings were duly had and taken as therein shown, the meeting
therein shown was duly held, and the persons therein named were
present at the meeting as therein shown.
2. All members of the Council were duly notified of the
meeting, pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City this 0th day of August , 1983.
( SEAL)
City Clerk
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STATE OF COLORADO )
COUNTY OF PUEBLO ) SS.
CITY OF PUEBLO )
The Council of the City of Pueblo,
met in Regular session on August 8 _
City hall
conformity with the ' law and the ordinances
Upon roll call, the following were found to
Pueblo County, Colorado,
1983, at .Z:-u p-.m., at
_, in the City, in full
and rules of the City.
be present, constituting
a quorum:
Present:
Mayor:
Councilmembers:
Absent:
Melvin 11. Takaki, D.D.S.
Harold Mabie
Isaac Duran
R von Kalben
Douglas Ring
M ic h a e l Occhiato
Mike Salardino
constituting all the members of the Council.
There were also present:
City Clerk: Marian D. Mead
City Treasurer:
Billy G. Martin
City Attorney: Tom Jagger
Thereupon, the following proceedings, among others, were
had and taken.
Councilmember Mike Occhia tointroduced a resolution, which
resolution was thereupon read in full and which resolution is as
follows:
A motion to adopt the foregoing resolution was then duly
made by Counc ilmember Mike Occlliato and duly seconded by
Councilmember Mike Salardino
The question being upon the passage and adoption of the
resolution, the roll was called with the following result:
Those Voting Aye: Takaki
Mabie
Those Voting Nay:
Those Absent:
Ring
Salardino
Occhiato
.x ^A a , lb
IN
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DELEGATION AGREEMENT
This Delegation Agreement is between the City of Pueblo,
Colorado (the "City ") and Arapahoe County, Colorado ( "Arapahoe
County ").
WITNESSETH•
1. Preliminary Statement
Among the matters of mutual inducement which have resulted
in the execution of this Delegation Agreement are the following:
(a) The City and Arapahoe County are each authorized by
the County and Municipality Development Revenue Bond Act, constitut-
ing Article 3 of Title 29, Colorado Revised Statutes 1973, as amended
(the "Project Act "), to finance, refinance, acquire, own, lease,
improve and dispose of properties to the end that more adequate resi-
dential housing facilities for low- and middle- income families and
persons may be provided, which promote the public health, welfare,
safety, convenience and prosperity.
(b) The Project Act and Part 2 of Article 1 of Title 29,
Colorado Revised Statutes 1973, as amended, provide, in effect, that
any county or municipality may by resolution or ordinance delegate to
any other county or municipality its authority under the Project Act
to finance projects under the Project Act.
(c) It is deemed necessary and advisable for the City and
Arapahoe County to make available a program for the origination and
servicing of mortgage loans for residential housing facilities for
low- and middle- income families and persons (the "Mortgage Loans ") in
order to increase the supply of money available for mortgage loans so
that families and persons of low- and middle- income can finance the
purchase of residential housing facilities at less than the prevail-
ing market interest rate, thereby providing more adequate residential
housing facilities for low- and middle- income families and persons in
the City and Arapahoe County and elsewhere within the State.
(d) It is deemed necessary and advisable for the provision
of more adequate residential housing facilities for low- and middle -
income families and persons and the promotion of the public health,
welfare, safety, inconvenience and prosperity of the inhabitants of
the City and Arapahoe County that the origination and servicing of
the Mortgage Loans be commenced at the earliest possible date.
(e) The Council of the City has indicated its willingness
to delegate to Arapahoe County its powers under the Project Act to
finance Mortgage Loans to provide more adequate residential housing
facilities for low- and middle- income families and persons within the
City.
(f) The Board of County Commissioners of Arapahoe County
has indicated its willingness to accept the delegation by the City of
the City's powers to finance Mortgage Loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within the City.
(g) Neither the execution and delivery of this Delegation
Agreement, the consummation of the transactions contemplated hereby,
nor the fulfillment of or compliance with the terms and conditions of
this Delegation Agreement conflicts with or results in a breach of
any of the terms, conditions or provisions of any legal restriction
or any agreement or instrument to which the City or Arapahoe County
is now a party or by which the City or Arapahoe County is bound, or
constitutes a default under any of the foregoing.
Pursuant to the Project Act and Part 2 of Article 1 of
Title 29, Colorado Revised Statutes 1973, as amended:
(a) The Council of the City hereby delegates to Arapahoe
County all authority of the City to finance and otherwise take action
and exercise power under the Project Act on behalf of the City with
respect to the financing of Mortgage Loans to provide more adequate
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residential housing facilities for low- and middle - income families
and persons within the City. The City covenants that prior to
January 1, 1984, it will not issue any bonds, notes or securities to
finance mortgage loans to provide more adequate residential housing
facilities for low- and middle- income families or persons within the
City or delegate its powers under the Project Act to another county
or municipality to finance mortgage loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within the City.
(b) The Council of the City agrees that it will take such
further action and adopt such further proceedings as may be required
to implement the terms of this Delegation Agreement.
3. Acceptance of Delegation by Arapahoe County
Pursuant to the Project Act and Part 2 of Article 1 of
Title 29, Colorado Revised Statutes 1973, as amended:
(a) The Board of County Commissioners of Arapahoe County
hereby accepts the delegation granted to it by the City, subject to
the terms and conditions herein contained.
(b) The Board of County Commissioners of Arapahoe County
agrees that it will finance Mortgage Loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within Arapahoe County, and within the City.
(c) The Board of County Commissioners of Arapahoe County
agrees that it will take further action and adopt such further pro-
ceedings as may be required to implement the terms of this Delegation
Agreement.
4. General Provisions
(a) This Delegation Agreement is hereby declared irrevoca-
ble during the term of the financing agreements to be entered into by
Arapahoe County and the financial institutions which will originate
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and service the Mortgage Loans, and this Delegation Agreement shall
terminate upon the termination of such financing agreements.
(b) This Delegation Agreement shall automatically termi-
nate on January 1, 1984 if Arapahoe County has not prior to that date
issued its revenue bonds under the Project Act for the purpose of
financing Mortgage Loans to provide more adequate residential housing
facilities for low- and middle- income families and persons within
Arapahoe County, and within the City.
(c) Nothing contained in this Delegation Agreement shall
obligate Arapahoe County to finance Mortgage Loans in any particular
amount or to use any particular percentage of the proceeds of its
revenue bonds to finance Mortgage Loans to provide more adequate res-
idential housing facilities located in the City, and Arapahoe County
is hereby authorized to finance only such Mortgage Loans as shall be
agreed upon by Arapahoe County and the financial institutions which
will originate and service the Mortgage Loans.
(d) This Delegation Agreement shall not constitute the
debt or indebtedness of Arapahoe County or the City within the mean-
ing of the Constitution or statutes of the State nor give rise to a
pecuniary liability or a charge against the general credit or taxing
powers of Arapahoe County or the City.
(e) Notwithstanding any provision in this Agreement to
the contrary or which may appear to be to the contrary, it is the
intention of the City and the City agrees to irrevocably:
(i) transfer to Arapahoe County the City's alloca-
tion only for the calendar year 1983 under Section 29 -4 -803
of the Allocation Act and under Section 29 -4 -805 of the
Allocation Act and delegate to Arapahoe County the authority
to act on the City's behalf in the issuance of such qualified
mortgage bonds pursuant to the authority granted under Section
29 -4 -805 of the Allocation Act; and
(ii) delegate to Arapahoe County only for the period
from date hereof to January 1, 1984 all authority of the City
to finance and otherwise take action and exercise power under
the Project Act on behalf of the City with respect to the
financing of mortgage loans to provide more residential
housing facilities for low- and middle - income families
within the City.
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IN WITNESS WHEREOF, the parties hereto have entered into
this Delegation Agreement this � Y'- day of - 1983.
(SEAL)
Attest:
c )
Cbunty (tlerk
(SEAL)
Attest:
City Clerk
ARAPAHOEOUNTY, COLORADO
By , - �?s J� C, i/K
Chairman of the B" f County
Commisei
CITY OF PUEBLO, COLORADO
By
Mayor
-5-
me Ul"
This Allocation Transfer Agreement is between the City of
Pueblo, Colorado (the "City ") and Arapahoe County, Colorado
( "Arapahoe County ").
W I T N E S S E T H
1. Preliminary Statement Among the matters of mutual
inducement which have resulted in the execution of this Allocation
Transfer Agreement are the following:
(a) The City and Arapahoe County are each authorized by the
County and Municipality Development Revenue Bond Act, constituting
Article 3 of Title 29, Colorado Revised Statutes 1973, as amended
(the "Project Act "), to finance, refinance, acquire, own, lease,
improve and dispose of properties to the end that more adequate resi-
dential housing facilities for low- and middle- income families and
persons may be provided, which promote the public health, welfare,
safety, convenience and prosperity.
(b) The Mortgage Subsidy Bond Tax Act of 1980, codified as
Section 103A of the Internal Revenue Code of 1954, as amended (the
"Federal Act ") , restricts the amount of tax exempt obligations which
may be issued by the Colorado Housing Finance Authority and local
governmental units in the State of Colorado (the "State ") to finance
single - family mortgages to an amount not exceeding the State
ceiling.
(c) The Federal Act authorizes the states to provide a for-
mula for allocating the respective state ceilings among the govern-
mental units in such states in a manner different from the federal
allocation formula, and the State of Colorado has provided for such
an alternate formula for allocation in Part 8 of Article 4 of
Title 29 of Colorado Revised Statutes 1973, as amended (the
"Allocation Act ") .
(d) The Allocation Act authorizes governmental units in the
State to transfer all or part of their allocations provided for in
the Allocation Act to any other entity otherwise authorized to issue
bonds to finance single - family mortgages and to accept transfers of
such allocations.
(e) It is deemed necessary and advisable by the City and
Arapahoe County that a program be made available for the origination
and servicing of mortgage loans for residential housing facilities
for low- and middle - income families and persons (the "Mortgage
Loans") in order to increase the supply of money available for mort-
gage loans so that families and persons of low- and middle - income may
finance the purchase of residential housing facilities at less than
the prevailing market interest rate, thereby providing more adequate
residential housing facilities for low- and middle- income families
and persons within both the City and Arapahoe County and elsewhere
within the State.
(f) It is deemed necessary and advisable by the City and
Arapahoe County that the origination and servicing of the Mortgage
Loans be commenced at the earliest possible date.
(g) The Council of the City has indicated its willingness
to transfer to Arapahoe County the City's allocation under Section
29 -4 -803 of the Allocation Act to finance Mortgage Loans to provide
more adequate residential housing facilities for low- and middle -
income families and persons within Arapahoe County and the City and
elsewhere within the State.
(h) The Council of the City has further indicated its will-
ingness to delegate to Arapahoe County the authority to act on its
behalf in the issuance of qualified mortgage bonds pursuant to the
allocation granted under Section 29 -4 -805 of the Allocation Act and
to transfer its allocation under Section 29 -4 -805 of the Allocation
-2-
Act to finance Mortgage Loans to provide more adequate residential
housing facilities for low- and middle - income families and persons
within Arapahoe County and the City and elsewhere within the State.
(i) The Board of County Commissioners of Arapahoe County
has indicated its willingness to accept such transfers and to finance
the Mortgage Loans to provide more adequate residential housing
facilities for low- and middle- income families and persons within
Arapahoe County and the City and elsewhere within the State.
(j) Neither the execution and delivery of this Allocation
Transfer Agreement, the consummation of the transactions contemplated
hereby, nor the fulfillment of or compliance with the terms and con-
ditions of this Allocation Transfer Agreement conflicts with or
results in a breach of any of the terms, conditions or provisions of
any legal restriction or any agreement or instrument to which the
City or Arapahoe County is now a party or by which the City or
Arapahoe County is bound, or constitutes a default under any of the
foregoing.
2. Transfers by the City Pursuant to the Allocation
Act:
(a) The City transfers to Arapahoe County its allocation
under Section 29 -4 -803 of the Allocation Act and under
Section 29 -4 -805 of the Allocation Act and delegates to Arapahoe
County the authority to act on its behalf in the issuance of quali-
fied mortgage bonds pursuant to the authority granted under
Section 29 -4 -805 of the Allocation Act, to provide more adequate res-
idential housing facilities for low- and middle- income families and
persons within Arapahoe County and the City and elsewhere within the
State, subject to the terms and conditions herein contained. The
City covenants that prior to January 1, 1984 it will not issue any
bonds, notes or other securities under the Project Act to finance
mortgage loans to provide more adequate residential housing
facilities for low- and middle- income families or persons within the
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City or transfer any portion of its allocation under Section 29 -4 -803
or Section 29 -4 -805 of the Allocation Act to another governmental
unit to finance mortgage loans to provide more adequate residential
housing facilities for low- and middle- income families and persons
within the City.
(b) The City agrees that it will take such further action
and adopt such further proceedings as may be required to implement
the terms of this Allocation Transfer Agreement.
3. Acceptance of Transfers by Arapahoe County Pursuant
to the Allocation Act:
(a) Arapahoe County hereby accepts the transfers to it by
the City of the allocation of the City under Section 29 -4 -803 and
Section 29-4-805 of the Allocation Act, and hereby accepts the dele-
gation by the City of the authority to act on its behalf in the issu-
ance of qualified mortgage bonds pursuant to the allocation granted
under Section 29 -4 -805 of the Allocation Act, subject to the terms
and conditions herein contained.
(b) Arapahoe County agrees that it will use its best
efforts to issue revenue bonds under the Project Act, in one or more
series, to finance Mortgage Loans to provide more adequate residen-
tial housing facilities for low- and middle- income families and per-
sons within Arapahoe County and the City and elsewhere within the
State.
(c) Arapahoe County agrees that it will take such further
action and adopt such further proceedings as may be required to
implement the terms of this Allocation Transfer Agreement.
-�' • •s.
(a) This Allocation Transfer Agreement is hereby declared
irrevocable during the term of the agreements to be entered into by
Arapahoe County and the financial institutions which will originate
-4-
and service the Mortgage Loans, and this Allocation Transfer
Agreement shall terminate upon the termination of such agreements.
(b) This Allocation Transfer Agreement shall automatically
terminate on January 1, 1984 if "Arapahoe County has not prior to that
date issued its revenue bonds under the Project Act for the purpose
of financing Mortgage Loans to provide more adequate residential
housing facilities for low- and middle- income families and persons
within Arapahoe County and the City and elsewhere within the State.
(c) Nothing contained in this Allocation Transfer Agreement
shall obligate Arapahoe County to finance Mortgage Loans in any par-
ticular amount or to use any particular percentage of the proceeds of
its revenue bonds to finance Mortgage Loans to provide more adequate
residential housing facilities located in the City, and Arapahoe
County is hereby authorized to finance only such Mortgage Loans as
shall be agreed upon by Arapahoe County and the financial institu-
tions which will originate and service the Mortgage Loans.
(d) This Allocation Transfer Agreement shall not constitute
the debt or indebtedness of the City or Arapahoe County within the
meaning of the Constitution or statutes of the State or the home rule
charter of any political subdivision thereof nor give rise to a pecu-
niary liability or a charge against the general credit or taxing
powers of the City or Arapahoe County.
(e) Notwithstanding any provision in this Agreement to
the contrary or which may appear to be to the contrary, it is the
intention of the City and the City agrees to irrevocably:
(i) transfer to Arapahoe County the City's alloca-
tion only for the calendar year 1983 under Section 29 -4 -803
of the Allocation Act and under Section 29 -4 -805 of the
Allocation Act and delegate to Arapahoe County the authority
to act on the City's behalf in the issuance of such qualified
mortgage bonds pursuant to the authority granted under Section
29 -4 -805 of the Allocation Act; and
(ii) delegate to Arapahoe County only for the period
from date hereof to January 1, 1984 all authority of the City
to finance and otherwise take action and exercise power under
the Project Act on behalf of the City with respect to the
financing of mortgage loans to provide more residential
housing facilities for low- and middle - income families
within the City.
-5-
IN WITNESS WHEREOF, the parties hereto have entered into
this Allocation Transfer Agreement this 3 day of ,
1983.
(SEAL)
Attest:
City Clerk
(SEAL)
Attest:
unty Clerk
CITY OF PUEBLO, COLORADO
) I
Mayor
,ARAPAHOE/ QOUNTY,_.._CgLORADO
By
Chairman of t1t oard
of County Coipfwis's`ioner s
CERTIFIED COPY OF ORDER
STATE OF COLORADO,
8S.
COUNTY OF_ Arapahoe _... At a regular. - - - - -- -- meeting of the
Board of County Commissioners for _.. Arapahoe - - -- - -- - .. . County, Colorado, held at the Court
Ilouse in.. --- Littleton, _ Colorado. _-- -..nn.. -- - -T- uesday - --- the -------- . 1.3 -th _. --- ------- -- -- - - - - - --
day o f - -_..- - September _ ------------- , A. D. 19 .83, there were present:
Th omas--- R ..... Egger -t. ... - -- --- ----------- - -- - -- -- - - - - -- Chairman,
Betty ... Ann .. Ditt emore- -------- ---------- Commissioner,
B ------ -- -- -- - ---- --- - - -- ------- ___ ----- -- - - - - -, Commissioner,
Larry --- Vana------- . -- - - - - -- - -- - - - -- . -- -... -, County Attorney,
Mar jorie P.age-- - - - - -- - - - - - -- - - - -, Clerk,
-------------- - - -_ -, Deputy,
when the following proceedings, among others, were had and done, to -wit:
No. 1243 -83 It was moved by Commissioner Dittemore and duly seconded
by Commissioner Brooks to adopt the following Resolution:
WHEREAS, the City of Pueblo, Colorado (the "City ") and Arapahoe
County, Colorado ( "Arapahoe County ") are each authorized by the County
and Municipality Development Revenue Bond Act, constituting Article 3
of Title 29, Colorado Revised Statutes 1973, as amended (the "Project
Act "), to finance, refinance, acquire, own, lease, improve and dispose
of* properties to the end that more adequate residential housing faci-
lities for low- and middle- income families and persons may be pro-
vided, which promote the public health, welfare, safety, convenience
and prosperity; and
WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980, codified as
Section 103A of the Internal Revenue Code of 1954, as amended (the
"Federal Act "), restricts the amount of tax exempt obligations which
may be issued by the Colorado Housing Finance Authority and local
governmental units in the State of Colorado (the "State ") to finance
single - family mortgages to an amount not exceeding the State ceiling;
and
WHEREAS, the Federal Act authorizes the states to provide a for-
mula for allocating the respective state ceilings among the governmen-
tal units in such states in a manner different from the federal
allocation formula, and the State of Colorado has provided for such an
alternate formula for allocation in Part 8 of Article 4 of Title 29 of
Colorado Revised Statutes 1973, as amended (the "Allocation Act "); and
WHEREAS, the Allocation Act authorizes governmental units in the
State to transfer all or a part of their allocations provided for in
the Allocation Act to any other entity otherwise authorized to issue
bonds to finance single- family mortgages and to accept transfers of
such allocations; and
STATE OF COLORADO,
ss.
COUNTY oF ------ Arapahoe ------------------ 1,__--- Margorie.- .Page - - - -- ................ ... - -,
County Clerk and ex-<)fficio Clerk of the Board of County Commissioners in and for the County and State
aforesaid, do hereby certify that the annexed and foregoing Order is truly copied from the Records of the
proceedings of the Board of County Commissioners for said -------- Arapahoe----- ----- ------------ - ------------ ---County,
now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at_..Lit.tleton -,- __ Colorado this
1 -3-th day of September , A. D. 19 -.83
Mar iori
.... ...............................
COUNTY CLERK.
Per.
Judith K. Loose
AC FORM #8
WHEREAS, the Project Act and Part 2 of Article 1 of
Title 29, Colorado Revised Statutes 1973, as amended, provide, in
effect, that any county or municipality may by resolution or ordi-
nance delegate to any other county or municipality its authority
under the Project Act to finance projects under the Project Act; and
WHEREAS, the City and Arapahoe County deem it necessary and
advisable that a program be made available for the origination and
servicing of mortgage loans for residential housing facilities for
low- and middle- income families and persons (the "Mortgage Loans ") in
order to increase the supply of money available for mortgages so that
families and persons of low- and middle - income may finance the pur-
chase of residential housing facilities at less than the prevailing
market interest rate, thereby providing more adequate residential
housing facilities for low- and middle- income families and persons
within both the City and Arapahoe County and elsewhere within the
State; and
WHEREAS, the City desires to transfer to Arapahoe County
its allocations under Section 29 -4 -803 and Section 29 -4 -805 of the
Allocation Act to finance Mortgage Loans to provide more adequate
residential housing facilities for low- and middle - income families
and persons within Arapahoe County and the City and elsewhere within
the State, and to delegate to Arapahoe County its authority to act on
its behalf in the issuance of qualified mortgage bonds pursuant to
the allocation granted under Section 29 -4 -805 of the Allocation Act;
and
WHEREAS, the City desires to delegate to Arapahoe County
its power under the Project Act to issue revenue bonds to finance
Mortgage Loans to provide more adequate residential housing
facilities for low- and middle- income families and persons within the
City; and
WHEREAS, Arapahoe County desires to accept such transfers
and delegation and to finance Mortgage Loans to provide more adequate
residential housing facilities for low- and middle - income families
and persons within Arapahoe County and the City and elsewhere within
the State; and
WHEREAS, economies of time and expense will result from one
governmental unit financing Mortgage Loans to provide more adequate
residential housing facilities for low- and middle- income families
and persons within both the City and Arapahoe County and elsewhere
within the State; and
WHEREAS, it is necessary to evidence such transfers and
delegation and the acceptance of such transfers and delegation by the
Allocation Transfer Agreement attached hereto as Exhibit A (the
"Allocation Transfer Agreement ") which will be executed and delivered
by the City and Arapahoe County; and
WHEREAS, it is necessary to evidence such delegation and
the acceptance of such delegation by the Delegation Agreement
attached hereto as Exhibit B (the "Delegation Agreement ") which will
be executed and delivered by the City and Arapahoe County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO:
SECTION 1. In order to insure the financing of Mortgage
Loans to provide more adequate residential housing facilities for
low- and middle- income families and persons within the City at the
earliest possible date, which will promote the public health, wel-
fare, safety, convenience and prosperity of the inhabitants of the
City, it is deemed necessary and advisable that the Allocation
Transfer Agreement and the Delegation Agreement be approved, executed
and delivered by and on behalf of Arapahoe County.
Section 2. The form, terms and provisions of the
Allocation Transfer Agreement and the Delegation Agreement hereby are
approved and the Chairman of the Board of County Commissioners of
Arapahoe County and the County Clerk of Arapahoe County hereby are
authorized and directed to execute and deliver the Allocation
Transfer Agreement and the Delegation Agreement.
Section 3. The officers of Arapahoe County shall take
such other steps or actions necessary or reasonably required to carry
out the terms and intent of this resolution, the Allocation Transfer
Agreement and the Delegation Agreement.
Section 4. Nothing contained in this resolution, in the
Allocation Transfer Agreement or in the Delegation Agreement shall
obligate Arapahoe County, except to the extent described in the
Allocation Transfer Agreement and the Delegation Agreement, nor con-
stitute the debt or indebtedness of Arapahoe County within the mean-
ing of the Constitution or statutes of the State or the home rule
charter of any political subdivision thereof, nor give rise to a
pecuniary liability of Arapahoe County or a charge against its gen-
eral credit or taxing powers.
Section 5. If any section, paragraph, clause or provision
of this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenf orceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this resolution.
Upon roll call the vote was:
Commissioner Dittemore, Yes; Commissioner Brooks, Yes; Commissioner
Eggert, Yes.
The Chairman declared the motion carried and so ordered.