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HomeMy WebLinkAboutResolution 2292 Findings for proposed financing plan for Greenwood Plaza Housing, Inc: 1-14-81 -.--.--.---.--..- -. _.~ -~...... ..__._._._----~--.............--.- -322 COMMISSION RESOLUTION NO. 2292 RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH i~ESPECT TO A PROPOSED FINANCING PLAN OF GREENWOOD PLAZA HOUSING. INC.. A MONTANA NON- PROFIT CORPORATION. AND CONSENTING TO THE DETERMINATION TO BE MADE BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT SAID COR- PORATION CONSTITUTES AN INSTRUMENTALITY OF A PARENT ENTITY PHA SOLELY I WITHIN THE MEANING OF SECTION 3(6) OF THE UNITED STATES HOUSING ACT OF 1937. AS AMENDED; APPROVING CERTAIN DOCUMENTS RELATING THERETO. WHEREAS. a serious shortage of decent. safe and sanitary housing for persons and families exists in the City of Bozeman. Montana (the "City") and the City desires to cause to be provided decent. safe and sanitary housing for persons and families in the City; and WHEREAS. Greenwood Plaza Housing. Inc. (the "Corporation") has been formed by public-spirited citizens under the Montana Nonprofit Corporation Act (the "Act"). to engage in or assist in carry- ing out (including assistance by borrowing and lending funds) the acquisition. construction or re- habilitation. and equipping of housing projects for low-income persons pursuant to Section 8 of the United States Housing Act of 1937. as amended (the "Housing Act") which may be insured pursuant to the National Housing Act of 1934. as amended; and WHEREAS. under the Act and the Articles of Incorporation of the Corporation. the Corporation will be duly authorized to borrow money through the issuance of notes. bonds. or other forms of indebted- ness of the Corporation and will be duly authorized to loan the proceeds of such borrowing in order to further the public purposes for which the Corporation will be formed; and WHEREAS. the Corporation will propose to provide for the interim construction loan financing and permanent mortgage financing for the acquisition. construction and equipping of a 50-unit housing development designed for occupancy by persons and families. including handicapped persons. eligible for assistance under Section 8 of the Housing Act. to be located in the City (the "Project"). to be owned and operated by Greenwood Plaza Associates. a ~1ontana limited partnership (the IOWner"). and WHEREAS. the Owner had indicated that the financing of the Project would be facilitated by the issuance of tax-exempt permanent and interim obligations by a "public housing agency" (or instru- I mentality thereof) pursuant to Section 11 (b) of the Housing Act and the regulations promulgated thereunder; and WHEREAS. pursuant to the provisions and requirements of Section 8 of the Housing Act. the United States Department of Hous ing and Urban Development ("HUD") wi 11 enter into an Annual Contri buti ons Contract (the "ACC") with the City and the City will enter into an Agreement to Enter Into Housing Assistance Payments Contract with the Owner (the "AHAP Agreement") for the Project. providing for the execution of a Housing Assistance Payments Contract (the "HAP Contract") by the City and the owner upon the completion of the Project and its acceptance by HUD; and WHEREAS. under the HAP Contract. the City will be obligated to make housing assistance payments to the OWner on behalf of eligible tenants occupying dwelling units in the Project which housing assistance payments are payable solely from the annual contributions HUD will be obligated to make to the City under the ACC; and WHEREAS. in order to raise funds with which to provide the construction loan financing for the Project. the Corporation intends to issue $1.604.100 approximate aggregate principal amount of Con- struction Loan Notes (FHA Insured Advances) (Greenwood Plaza Project) (the "Notes"), to be secured by an Indenture of Trust (the "Note Indenture") from the Corporation to a trustee to be selected (the "Note Trustee"); and WHEREAS. in order to raise funds with which to provide the permanent mortgage financing for the Project, the Corporation intends to issue $1.690.000 approximate aggregate principal amount of Mortgage Revenue Bonds (FHA Insured MortgagenSection 8 Assisted Project) (the "Bonds"), to be I secured by an Indenture of Trust (the "Bond Indenture"). from the Corporation to a trustee to be selected (the "Bond Trustee"); and WHEREAS. the City approves (i) the Articles of Incorporation and Bylaws of the Corporation. to be filed with the Secretary of State of Montana. (ii) certain other documents prepared and presented to this meeting with regard to the proposed issuance of the Corporation's Bonds to be issued for the purpose of paying the principal of and interest on the Notes. funding a debt service reserve fund and certain costs of issuance with respect to the Project. (iii) documents prepared and presented to this meeting with regard to the proposed issuance of the Corporation's Notes to be issued COMMISSION RESOLUTION NO. 2292 .. n._.~__.O~_.~. _. ..._ __.~_.___". _ _'''.~~.~____'''''-'''''_...._~._._.~__a. ~...._ ~~~__~__&_~.. ~. ~_~~~....._............._......._. _.0 _.~ _.. _.~ ..~ ....' ~~ ~__.~ ~_---...o."""____.-"_._~."""".->ouI...... ..-___ _--------..._~.J...__...__..u._..~ '-"._-'--~""_ '----"" ~"---'--'---'-'"-____________~~__~""'--~_ - -_._--~~-_. -_...._.....~-_.._--._~~ ---..-..-- , . ...............-_.~". -.,.,. -." '.....-.".- - .__.~_. .-.- - ..- R23 the purpose of paying the costs of development and construction of the Project in anticipation of release of the proceeds of the Bonds upon completion of the Project and (iv) resolutions and actions of the Corporation in selecting bond counsel to assist in issuance, sale and delivery of the Notes and the Bonds, and hereby authorizes its City Attorney to review said documents and approve them in substantially final form on behalf of the City; and I WHEREAS, it is now necessary and advi sabl e for the members of the City'C'O'uncil of the City to adopt this Resolution, as required by HUD Regulations, 24 CFR, Part 811, Subpart A, to enable the Corporation to proceed with the financing of and the development of the Project: NOW'.JHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOZEMAN, MONTANA, THAT: SECTION 1. It is hereby found and determined that the plan of the Corporation with respect to the Project, including the Corporation's projected program and expenditures, as submitted to HUD pursuant to 24 CFR Part 811, Subpart A, will tend to provide decent, safe and sanitary housing for persons and families, including handicapped persons, eligible for assistance under Section 8 of the Housing Act, and is hereby approved. SECTION 2. The Articles of Incorporation and Bylaws of the Corporation, organizational and other activities and records are hereby ratified and approved and the City Attorney of the City is authorized to review and give final approval and ratification of said documents on behalf of the City. SECTION 3. The Directors of the Corporation plan to have issued a Certificate of Incorporation by the Secretary of State of the State of Montana. The Directors of the Corporation will be authorized and directed to issue~sell and peliver Bonds and Notes of Said Corporation pursuant t9\permit the +re opp\\CQ Ie, \o.I,).)S 0 -\-\\e 'S-\-o-\e of' 1'f'o'f\\oDC\ ,Q\.\\t1- p\o'(\ -TD assignment and/or pledge of any security interest in the property so acquired by said Corporation for the purpose of constructing the Project and to enter into contracts for the sale of the Bonds and -9 +~~ o . Notes and the construction of the Project, and, upon payment or defeasance of all bonded indebtednessI\Cc:>\"poro'hol" \\'L\:~~d {approved herein and such additional bonded indebtedness of the Corporation approved by the City, to -\.W, f\ > ;~de~~Ss convey the title to any property or property rights owned by the Corporation to the City or to its I lawful successors or assigns for public purposes. SECTION 4. The City has been presented with a Note and Bond Resolution of the Corporation which will include provisions for the issuance and sale of Notes and Bonds, forms of the Note Inden- tureand Bond Indenture, including the forms of Notes and Bonds, and miscellaneous materials relating to the authorization of the Notes and Bonds, and, hereby approves the same in substatially the same form here presented and authorizes the Corporation to adopt and execute the same and all other docu- ments necessary and proper to carry out the purposes herein including the preparation of Official Statements with respect to the Notes and Bonds; provided, however, that the Notes and Bonds approved hereby must be issued within 60 days of the effective date of this Resolution or approval and authori- zation of such documents by the City Attorney of the City acting on behalf of the City as provided in this Section 4; and provided further that the City Attorney of the City is authorized to give final approval and authorization of such documents in their final form on behalf of the City. SECTION 5. It is hereby further found and determined that the issuance of the Notes.land the Bonds by the Corporation pursuant to the Note Indenture and the Bond Indenture will serve to enable the Corporation to carry out its plan and are hereby approved, provided that each of the Notes and Bonds shall expressly recite that: Neither the State of Montana, the City of Bozeman, the County of Gallatin nor any other political subdivision or body corporate and politic of the State of Montana, shall in any event be liable for the payment of principal of, premium, if any, or interest on the Bonds (or Notes as the case may be) or for the performance of any pledge, obligation or agreement of any kind whatsoever of the Corporation, and none of the Bonds (or Notes as the case may b~ nor any of the Corporation's agree- ments or obligations shall be construed to constitute an indebtedness of the State I of Montana, the City of Bozeman, the County of Gallatin or any other political sub- division or body corporate and politic of the State of Montana, within the meaning of any constitutional or statutory provision. SECTION 6. The City Council of the City hereby approves and consents to the determination to be made by HUD that the Corporation constitutes an "agency" or "instrumentality" and a "public housing agency" solely within the meaning, and only for the purposes, of Section 3(6) of the Hou~ing Act, and HUD Regulations, particularly 24 CFR Part 811, Subpart A, for the purpose of providing the interim and permanent financing for the Project. Nothing contained in this Resolution is intended, COMMISSION RESOLUTION NO. 2292 ~~.._. __.~ _.~_ ._._ ~.____L ~ ..- -- _._~ -,~-~ ., .-- .~...- -- ._-~-~. -~ ~~--- -~---~~~_._~-~~-------'--'---'--"-"'----"~. ."- --- .,~..._._---~---,--_.~-,,~.............-._.~~ ' . .~--~ .--- -..-..--.- ..~. .,._..~..~,--~.".. .~ - ., . - ~... u ~ .. _..._ .._..._.._....._~____~_._ ."..__...~~__n. ._,.._ ._.. _~.n......"_~~'_._..~...~__.r - -.. -~_. ...~.~_..- 324 nor shall it be construed, to establish or create, or to authorize the establishment or creation by HUD, the City, or the Corporation, or otherwise, of (i) any common law or statutory agency re- lationship between the Corporation and the City or between the Corporation and HUD, under the laws of the State of Montana, or (ii) to create, or authorize the creation of, any indebtedness, obliga- tion or liability of the City or HUD of any kind whatsoever, except for obligations assumed by HUD in accordance with written contracts executed by HUD and except as provided in Sections 13 and 14 I hereof. SECTION 7. The officers of the City are hereby authorized to execute such documents as are deemed on the advice of counsel necessary and proper to implement the construction, financing and leasing of the housing units for persons and families eligible for assistance under Section 8 of the Housing Act. SECTION 8. The Bonds and Notes of the Corporation shall not constitute a debt of the City or the State of Montana or any of its political subdivisions. SECTION 9. Upon dissolution of the Corporation, title to or other interest in any real or personal property that is owned by the Corporation at the time of dissolution shall be transferred to the City, another public housing agency (as that term is defined by HUD in its regulations) or to another nonprofit entity as determined by the City and approved by HUD, to be used only for purposes approved by HUD, and the City agrees to accept title to or other interest in such real or personal property, and i'f the City is unable to accept such gift, conveyance or distribution, then the City Council of the City shall designate another public housing agency or another nonprofit entity subject to approval by HUD, to accept such title or other interest. SECTION 10. The Project and the providing of financing for the Project are in the public interest of the citizens of the City, and are proper public purposes, and the City desires to co- operate with agencies of the federal government and other public and private bodies to fulfill such public purposes. SECTION 11. The City hereby agrees to perform an annual review of the Corporation's perfor- mance and to cause a copy of such review together with any audits performed during the reporting I period td be forwarded to HUD. SECTION 12. The City hereby agrees that in the event of a default by the Owner under the HAP Contract, the City will pursue all available remedies to achieve correction of the default, including operation and possession of the Project, if called upon by HUD or the Note Trustee or the Bond Trustee, as the case may be. SECTION 13. The City hereby agrees to execute and administer the ACC and to enter into and administer the AHAP Agreement and the HAP Contract pursuant to the ACC with HUD. SECTI ON 14. The City acknowledges the duties, obligations and covenants that it agrees to undertake, including administering the ACC, AHAP Agreement and HAP Contract and officers of the City, including its Mayor, are authorized, empowered and directed to execute any documents to accomplish the purposes of this Resolution, upon completion of construction of the Project and execution of the HAP Contract by and between the Owner and the City. SECTION 15. The lawful acts of the Corporation, in authorizing the issuing and selling of the Bonds secured by the Bond Indenture and the Notes secured by the Note Indenture are hereby approved and ratified. SECTION 16. The City shall have a right of access at any time to all books and records of the Corporation. SECTION 17. It is found and determined that all formal actions of the City concerning and relating to the adoption of this Resolution were adopted in an open meeting of the City; and that all deliberations of the City and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements. I SECTION 18. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, para- graph or provision shall not affect any of the remaining provisions of this Resolution. SECTION 19. All prior resolutions and orders or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall take effect from and after its passage, the public welfare requiring it. COMMISSION RESOLUTION NO. 2292 .~~~-,,--~--~.,,~-_._.._~.~......~._......_- -.- ~ ...,~.._.~ . .... .~._,,~.~~.~._~_.~ ._~~. ~.~_._,~ . .._..,~. .... .._~. ~._""""".~_~_~~~__,,___~""..~~__'-"'-""',~"""~..I. ".~..~.__ _.~._.....u.~"_ . ~ .... . " . ~ - _.......................... ......-..__J_ .. " .- - - ,,- -- ---........ _._'~.. -~--.... --- ------..-,.,..~'-'.-............~, -~ -~ "~ ~ .. ... ..- ,..~,..~... -~ -- .'r__ ...._-_~~'_'....._ .... _., ......._ ". .,~'___....-.......... _" u_... _.,..............-.,.............."T.-.~.... n_ n. .._.__~___', ._._.............. '._._._. ___". ~25' THIS RESOLUTION shall be in full force and effect from and after its passage in accordance with the 1 aws of the State of Montana. r....,' Adopted and approved this 14 day of Januar.y.... .9.81: h.- - : _ ..' , .(/1 ,_ J( .-c~-'-_/" ']..,"7-"-"'/ ' "",,- ,. - -- . I MAYOR. City of Bozeman. Montana ATTEST: (Pdt: ct tr)J~~ Clerk of the City Commission State of Montana ) County of Gallatin) City of Bozeman ) I. Erna V. Harding. Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2292 was published by title and number in the Bozeman Daily Chronicle. a newspaper of general circulation printed and published in said City. in the issue dated the day of . 1981. and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set by hand and affix the corporate seal of mY office this 27 day of January. 1981. C?~ c/ it)~U~ Clerk of the City Commission I AMENDMENT TO THE GREENWOOD PLAZA MANAGEMENT PLAN The management plan for the Greenwood Plaza project is amended as follows: The tenant selection criteria will give preference to those potential tenants who are displaced by governmental action. such as condemnation. and who otherwise qualify under normal Section 8 criteria (i.e.. family size. Title 24CFR880.603). In addition. outreach stations will be set up at Legion Housing and City Hall to contact those residents in condemned low income units. .r., ' . r. ......... . -'. ' ~-----JJ~~--~--- MAYOR. City of Bozeman. Montana ATTEST: {fJ dt:v ex! U~~ I Clerk of the City Commission COMMISSION RESOLUTION NO. 2292 _.,,~~,......,~,...,.....,.,~, --,._-,...~.- _n _ --.....- -~._-, ,.,~~. ._.......................~_~..........,._._~~~.~._....._,"_,_.__ ~,.,....... ........_...............~~..............._~.~,__. ..... _ ._. _~_~._._. ,,~~.._ n... ......_ .__~,_~"....,,~_.,_. ~._._~.._.. ~........._ ~..~.~_.___.._ ......"..__..............._~~_.,~.~.........~.._.~..""._._... .._. ~~._.~_~.____