Loading...
TC Res. No. 2001-02RESOLUTION NO. 01--g2 SERIES OF 2001 FOR A RESOLUTION DECLARING THE INTENT OF THE TOWN OF AVON, COLORADO TO ISSUE MULTIFAMILY HOUSING REVENUE BONDS TO PROVIDE FINANCING OF A MULTIFAMILY RESIDENTIAL FACILITY FOR LOW AND MIDDLE INCOME PERSONS AND . FAMILIES; PRESCRIBING CERTAIN TERMS AND CONDITIONS OF SUCH BONDS; AND CONTAINING. OTHER PROVISIONS RELATING TO THE PROPOSED ISSUANCE OF SUCH BONDS. WHEREAS, the Town of Avon, Colorado (the "Town"), is a legally and regularly created, established, organized and existing home rule town under the provisions or Article XX of the Constitution of the State of Colorado (the "State") and the Home Rule Charter of the Town (the "Charter"); and WHEREAS, the Town is authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the "Act"), to finance one or more projects (which includes any land, building or other improvement and real and personal properties) to the end that residential facilities for low-'and middle-income families or persons intended for use as the sole place of residence by the owners or intended occupants may be provided which promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, the Town is further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing any project, including the payment of principal and interest on such revenue bonds for not exceeding three years, the funding of any reserve funds which the governing body of the Town may deem advisable to establish in connection with the retirement of such revenue bonds or the maintenance of the project and all incidental expenses incurred in issuing such revenue bonds, and to secure payment of such revenue bonds as provided in the Act; and WHEREAS, representatives of Corum Real Estate Group, Inc., as mangers or. partners of a to be formed limited liability company or other partnership entity and its successors or assigns (but only if such successors or assigns are acceptable to the Town) (the "Developer"), have met with officials of the Town and have advised the Town of the Developer's interest in the acquisition, construction, improvement and equipping of a multifamily rental housing project, consisting of approximately 240 units containing complete facilities for living, and have proposed that the Town issue its multifamily housing revenue bonds, in one or more series, to finance the Villages at Avon Apartments project (the "Project'), which Project is to be located in the Villages of Avon development, within the boundaries of the Town, to be owned and operated by the Developer; and WHEREAS, the Project constitutes a project under the Act, and the Town wishes to declare its intention to authorize an, issue of its multifamily housing revenue bonds, in one or more series (the "Bonds"), for the purpose of paying the cost of financing the Project, upon such terms and conditions as are contained herein; and WHEREAS, the Town has considered the Developer's Project proposal and, upon the expectation that the Project will provide more adequate residential rental housing for low- and middle-income persons and families within the Town, the Town wishes to declare its present intention to authorize the Bonds for the aforesaid purposes, all upon such terms and conditions as may be agreed upon by the Town and the Developer; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. In order to benefit the residents of the Town, the Town hereby declares its intent to authorize the issuance of tax-exempt Bonds in an aggregate principal amount not to exceed $23,000,000, which amount is estimated to be sufficient: (a) to finance a portion of the Project; and (b) to pay certain costs incurred in connection with the issuance of the Bonds. Section 1. The Town Council of the Town (the "Council") hereby finds, determines, recites and declares that the Bonds shall not constitute the debt, multiple fiscal year obligation or indebtedness of the Town, the State or any political subdivision of the State within the meaning of any provision or limitation of the State Constitution or statutes and shall not constitute nor give rise to a pecuniary liability of the Town or a charge against the Town's general credit or taxing powers, nor shall the Bonds ever be deemed to be an obligation or agreement of any officer, director, agent or employee of the Town in such person's individual capacity, and none of such persons shall be subject to any personal liability by reason of the issuance of the Bonds. -2- Section 2. The Bonds shall be special, limited obligations of the Town payable solely from the payments to be made by the Developer (as described below) to the Town under a Loan Agreement to be entered into by and between the Town and the Developer. Section 3. The Council hereby finds, determines, recites and declares that the issuance of the Bonds to finance the Project will promote the public purposes set forth in the Act, including, without limitation, assisting persons or families of low- and middle-income in obtaining decent, safe and sanitary housing. Section 4. The Council hereby finds, determines, recites and declares the Town's intent that this resolution constitute an official indication of the present intention of the Town to issue the Bonds as herein provided, subject to: (a) the Developer either obtaining a binding final commitment of credit enhancement for the Bonds from a credit enhancement entity which is acceptable to the. Town or obtaining a commitment for the purchase of the Bonds on a private placement basis by qualified institutional buyers or accredited investors which are acceptable to the Town, (b) Town zoning approval for the proposed site (which approval shall be subject.to the Town's prescribed procedures); (c) the delivery of an approving opinion of bond counsel to the Town, (d) the delivery of a market study, appraisal, survey, title insurance, environmental audit and plans and specifications, all as may be required and are acceptable to the provider of credit enhancement and the Town, as applicable, (e) successful negotiation and approval of a Loan Agreement and related financing documents in forms satisfactory to Council, and (f) the adoption of a final bond ordinance by the Council. Section 5. The appropriate officers of the Town are hereby authorized to take such actions as contemplated by the Internal Revenue Code of 1986, as amended and by the Colorado Private Activity Bond Ceiling Allocation Act, constituting Article 32; Title 24, Part 17, Colorado Revised Statutes, as amended (the "Allocation Act") that may be necessary to assist the Developer in applying for volume cap allocation from the state wide pool pursuant to the Allocation Act. -3- Section 6. All actions not inconsistent with the provisions of this resolution heretofore taken by the Council or any officer or employee of the Town in furtherance of the issuance of the Bonds are hereby ratified, approved and confirmed. Section 7. If any section, paragraph, clause or provision of this resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,, clause or provision shall not affect any of the remaining sections; paragraphs, clauses or provisions of this resolution. , INTRODUCED, APPROVED, AND ADOPTED, this January 9, 2001. Mayor (SEAL) -4- STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) I, the duly elected, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town") do hereby certify: 1. That the foregoing pages are a true, correct; and complete copy of a Resolution approved by the Town Council (the "Council") of the Town at a regular meeting of the Council held at the Municipal Building of the Town on January 9, 2001. 2. The Resolution has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly numbered and recorded in the official- records of the Town; and that the same remains of record in the official records of the Town. 3: The adoption of the Resolution was duly moved and seconded and the Resolution was approved by a vote of 5 to o of the members of the Council as follows: Those Voting Yes: Debbie Buckley Peter Buckley Mac 'McDevitt Buz Reynolds Those Voting No: Those Abstaining: Those Absent: Rick Cuny 4. The members of the Council were present at such meeting and voted on the passage of such Resolution as set forth above. 5. There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Resolution. -5- 6. 9Fhat on jwitwy HO f the faf 1 text of the i csof ation was posted at dir. office, 7. Notice of the meeting of January 2001 in the form attached hereto as Exhibit A was posted at the Town Hall not less than 24 hours prior to each meeting in accordance with law. IN WITNESS WHEREOF, I Aave hereunto set my hand and affixed the seal of said, Town this 01 day of January, (SEAL) Town Clerk -6- EXHIBIT A (Attach Notice of Meeting) -7- avoninduceQ 115101 9:46 AM TOWN OF AVON . REGULAR COUNCIL MEETING AGENDA January 9, 2001 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances a.) Second Reading of Ordinance No. 00-14, Series of 2000, An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution PUBLIC HEARING 4. Resolutions 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the December 12, 2000 Council Meeting Minutes b.) Resolution No. 01-01, Series of 2001, A Resolution Approving the Final Plat, A Resubdivision of Lot 22, Block 3, Wildridge, Town of Avon, Eagle County, Colorado c.) Resolution No. 01-02, Series of 2001, For a Resolution Declaring the Intent of the Town of Avon, Colorado to Issue Multifamily Housing Revenue Bonds to Provide Financing of a Multifamily Residential Facility for Low and Middle Income Persons and Families; Prescribing Certain Terms and Conditions of Such Bonds, and Containing Other Provisions Relating to the Proposed Issuance of Such Bonds d.) Resolution No. 01-03, Series of 2001, A Resolution Approving the Final Plat, A Resubdivision of Lot 62, Block 4, Wildridge,' Town of Avon, Eagle County, Colorado e.) Intergovernmental Agreement for 800 MHz Wide Area Smartzone Trunking Radio Services f.) Eaglebend Drive Streetscape Improvements Design Services Agreement g.) Pentamation Software Mitigation Agreement h.) ASCAP Licensing Agreement i.) CASTA and Colorado Transit Coalition Agreement 12. Adjournment Memo To: Honorable Mayor and Town Council From: Larry Brooks, Assistant Town Manager Via: Bill Elting, Town Manager Date: 1/5/1 Re: Multifamily housing revenue bonds VOIN C O L O R A D O The attached resolution will authorize the issuance of tax exempt revenue bonds for the approximate 240 housing units to be initially constructed within the Village at Avon. The Town.( with passage of this resolution) is authorizing and "sponsoring" the issuance, without incurring debt or any multiple fiscal year obligation. Payment of bond debt is provided by the developer. The document has been reviewed by our bond council, Dee Wisor, Scott Wright and Burt Levin. Staff will be.happy to answer any questions at the work session. The developer will also attend the meeting, represented by Gerry Flynn, Jeff Spanel and Andy Kane.