HomeMy WebLinkAbout2015-314-5/11/2015 Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2015-314
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA APPROVING THE ISSUANCE BY THE PUBLIC FINANCE
AUTHORITY OF BONDS ON BEHALF OF TRINITY AFFORDABLE
HOUSING CORPORATION, AN ILLINOIS NONPROFIT CORPORATION, IN
AN AMOUNT NOT TO EXCEED $3,360,000.00
WHEREAS, the City of Waterloo, Iowa (the "City") is a political subdivision of the
State of Iowa and the City Council (the "Governing Body") is the elected governing body of the
City; and
WHEREAS, the Public Finance Authority (the "Authority") has advised the City that it
is a commission organized under and pursuant to the provisions of Sections 66.0301, 66.0303
and 66.0304 of the Wisconsin Statutes, is authorized to issue tax-exempt, taxable, and tax credit
conduit bonds for public and private entities throughout all 50 states and is jointly sponsored by
the National Association of Counties, National League of Cities, Wisconsin Counties
Association and League of Wisconsin Municipalities (the "Sponsors"); and
WHEREAS, Trinity-Ridge Village, LLC, an Iowa limited liability company of which
Trinity Affordable Housing Corporation, an Illinois nonprofit corporation("Trinity"), is the sole
member (collectively, the "Borrower"), has requested that the Authority adopt a plan of
financing providing for the issuance of its Public Finance Authority Multifamily Housing
Revenue Bonds, Series 2015 (Trinity Affordable Section 8 Assisted Apartments Project) (the
"Bonds"), in one or more series from time to time, in an amount not to exceed $25,015,000, and
a portion of the proceeds from the sale of the Bonds, not expected to exceed $3,360,000, will be
used to finance and/or refinance the acquisition, rehabilitation, equipping and/or improvement of
Ridge Village, a 30-unit multifamily rental housing facility located at 1261 Downing Court,
Waterloo, Iowa, to pay interest on the Bonds, to pay costs of issuance of the Bonds, and/or to
fund a debt service reserve fund for the Bonds (the "Project"); and
WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes
of the Internal Revenue Code of 1986 (the "Code"), and pursuant to Section 147(f) of the Code,
prior to their issuance, the Bonds are required to be approved by the "applicable elected
representative" of a governmental unit having jurisdiction over the entire area in which the
Project is located, after a public hearing held following reasonable public notice; and
WHEREAS, pursuant to Section 147(f) of the Code, the Governing Body, following
notice duly given in the form attached hereto as Exhibit A (the "TEFRA Notice"), held a public
hearing regarding the financing of the Project and the issuance of the Bonds, and now desires to
approve the financing and the issuance of the Bonds; and
WHEREAS, pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes, prior to their
issuance, bonds issued by the Public Finance Authority must be approved by the governing body
or highest ranking executive or administrator of the political jurisdiction within whose
boundaries the project is to be located; and
WHEREAS, the Borrower has requested that the City approve the financing of the
Project and the issuance of the Bonds in order to satisfy the public approval requirement of
Section 147(f) of the Code and the requirements of Section 4 of the Amended and Restated Joint
Exercise of Powers Agreement Relating to the Public Finance Authority, dated as of September
28, 2010 (the "Joint Exercise Agreement") and Section 66.0304(11)(a) of the Wisconsin
Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WATERLOO, IOWA:
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I. For purposes of the requirements of Section 147(f) of the Internal Revenue Code of
1986, the Governing Body hereby approves the issuance of the Bonds by the
Authority for financing the Project in an aggregate principal amount not to exceed the
amount set forth in the TEFRA Notice attached hereto as EXHIBIT A.
2. It is the purpose and intent of the Governing Body that this Resolution constitute
approval of the issuance of the Bonds by the Project Jurisdiction, which is the (or one
of the) governmental unit(s) having jurisdiction over the area in which the Project is
located, in accordance with Section 66.0304(11)(a) of the Wisconsin Statutes and
Section 4 of the Joint Exercise Agreement.
3. The officers of the Governing Body are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents
that they deem necessary or advisable in order to carry out, give effect to and comply
with the terms and intent of this resolution and the financing approved hereby.
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ADOPTED by the City Council of the City at a regular meeting of said body held on the
11 'day of May 2015, by a majority vote.
CITY OF WA T RLOO, IOWA
By:
Mayor
(Seal).
Attest:
F
City Clerk
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EXHIBIT A
FORM OF TEFRA NOTICE
[to be attached]
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