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2002- 21
A RESOLUTION
A RESOLUTION ASSIGNING AND TRANSFERRING TO THE CITY AND COUNTY OF DENVER, COLORADO,
A PORTION OF THE CITY OF LAKEWOOD'S 2002 ALLOCATION FROM THE STATE CEILING FOR
PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND
MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES
AND COUNTIES IN THE STATE OF COLORADO; AUTHORIZING THE DELEGATION TO THE CITY
AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF LAKEWOOD WITH RESPECT TO
THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS")
TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME PERSONS
AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE
OF COLORADO; APPROVING SUCH BONDS AND THE SINGLE FAMILY MORTGAGE LOAN PROGRAM;
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION
AGREEMENT, AN ASSIGNMENT AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH.
WHEREAS, the City of Lakewood, Colorado (the "City"), and the City
and County of Denver, Colorado (the "Issuer"), are each authorized
by the County and Municipality Development Revenue Bond Act, constituting article
3 of title 29, Colorado Revised Statutes, as amended (the "Act"),
to finance projects as defined in the Act, including residential housing facilities
for low- and middle-income persons and families; and
WHEREAS, the City has been awarded on January 1, 2002 approximately $5,404,725
(the "2002 Allocation") of the bond ceiling for the State of Colorado
(the "State") and its issuing authorities pursuant to the Colorado
Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article
32 of Title 24, Colorado Revised Statutes, as amended (the "Allocation
Act"), for use in the issuance of private activity bonds to finance projects
under the Act among the issuing authorities of the State of Colorado; and
WHEREAS, the Allocation Act provides for the assignment of bond allocations
between issuing authorities of the State; and
WHEREAS, the City desires to assign and transfer to the Issuer an amount equal
to $2,000,000 of the 2002 Allocation, which the City will commit and reserve
for the issuance of such private activity bonds, to finance residential housing
facilities for low- and middle-income persons and families within the City and
other cities and counties in the State of Colorado; and
WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance
thereof by the execution and delivery by the City of an Assignment (the "Assignment")
between the City and the Issuer in substantially the form presented at this
meeting.
WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality
may delegate by resolution or ordinance, as the case may be, to any other county
or municipality authority to act on its behalf in the financing of projects
under the Act and that any such delegation may be general or limited in scope
and time and may be irrevocable for the term or terms of any financing agreement
or bond issue, all as provided in such resolution or ordinance; and
WHEREAS, the Issuer proposes to issue single family home mortgage revenue bonds
pursuant to the Act (the "Bonds") to finance residential housing facilities
for low- and middle-income persons and families within the City and other cities
and counties in the State of Colorado (the "Single Family Mortgage Loan
Program"); and
WHEREAS, the City desires to delegate to the Issuer the authority of the City
to finance and otherwise take action and exercise power under the Act on behalf
of the City with respect to the Single Family Mortgage Loan Program within the
City; and
WHEREAS, it is necessary to evidence such delegation by the execution and delivery
by the City of a Delegation and Participation Agreement (the "Delegation
and Participation Agreement") between the City and the Issuer in substantially
the form presented at this meeting,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD:
Section 1. In order to facilitate the origination of single family mortgage
loans within the boundaries of the City as part of the Single Family Mortgage
Loan Program, the City hereby (i) assigns and transfers to the Issuer an amount
equal to $2,000,000 of the 2002 Allocation, (ii) delegates to the Issuer the
authority of the City to finance and otherwise take action and exercise power
under the Act on behalf of the City with respect to the Single Family Mortgage
Loan Program within the City and (iii) approves, and authorizes and directs
the Mayor of the City to sign and deliver and the City Clerk to attest and deliver,
the Assignment and the Delegation and Participation Agreement in substantially
the forms presented at this meeting. Copies of the proposed Assignment and Delegation
and Participation Agreement are on file in the office of the City Clerk and
are available for inspection by the public.
Section 2. The Council hereby approves the Bonds and the Single Family Mortgage
Loan Program for purposes of Section 147(f) of the Internal Revenue Code of
1986, as amended.
Section 3. The Mayor of the City is hereby authorized and directed to execute
and deliver and the City Clerk is hereby authorized and directed to attest and
deliver such other agreements and certificates and to take such other actions
as may be necessary or convenient to carry out and give effect to the Delegation
and Participation Agreement, the Assignment, and this Resolution, including
any agreement or certificate approving the Bonds or the Single Family Mortgage
Loan Program for purposes of Section 147(f) of the Internal Revenue Code of
1986, as amended.
Section 4. Nothing contained in this Resolution, the Assignment, or the Delegation
and Participation Agreement shall constitute a debt, indebtedness or multiple-fiscal
year direct or indirect debt or other financial obligation of the City within
the meaning of the Constitution or statutes of the State of Colorado 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 unenforceability of any such section, paragraph, clause or provision shall
not affect any of the remaining provisions of this Resolution.
Section 6. This Resolution shall be in full force and effect upon its passage
and approval.
INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on April 8, 2002, at 7 o'clock p.m. at Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
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