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HomeMy WebLinkAbout90-15 RESOLUTIONRESOLUTION NO. 90-15 A RESOLUTION TO APPROVE THE ISSUANCE OF NOT TO EXCEED $50,000,000.00 OF THE PUBLIC FINANCE AUTHORITY REVENUE BONDS TO FINANCE OR REFINANCE CERTAIN COSTS OF VARIOUS PROJECTS, INCLUDING THE ACQUISITION AND RENOVATION OF THE 91 -UNIT PARK LAKE APARTMENTS LOCATED AT 1753 E. ZION ROAD, ON BEHALF OF AMERICAN AGAPE FOUNDATION, INC. OF SAN ANTONIO, TEXAS WHEREAS, American Agape Foundation, Inc., a non-profit tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, has proposed to acquire and rehabilitate the 91 unit residential rental community known as Park Lake Apartments, located at 1752 E. Zion Road, Fayetteville, Arkansas 72703; and WHEREAS, American Agape Foundation, Inc. intends to fund this project and three other projects located in Louisiana and Florida by issuing Public Finance Authority Multifamily Housing Revenue Bonds (American Agape Foundation Portfolio Project), Series 2015, which are private activity bonds governed by 26 U.S.C. §§ 141-147, issued through the Public Finance Authority of Wisconsin; and WHEREAS, 26 U.S.C. § 147(f) and 26 C.F.R. § 5f.103-2 require the approval of the local government entity with geographic jurisdiction over projects funded by such private activity bonds in order for American Agape Foundation, Inc. to qualify for tax exempt bond financing; and WHEREAS, approval of the issuance of these private activity bonds does not constitute a debt of the City of Fayetteville and in no way makes the City of Fayetteville liable for such bonds, nor will the City's bond rating or bonding capacity be affected by the issuance of these bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville Arkansas, for the sole purpose of satisfying the public approval requirement of 26 U.S.C. § 147(f) of the Internal Revenue Code and 26 C.F.R. § 5f.103-2, hereby approves the issuance of the Public Finance Authority Multifamily Housing Revenue Bonds (American Agape Foundation Portfolio Project), Series 2015 by the Public Finance Authority in the aggregate principal amount not to exceed $50,000,000 and the financing of the Projects with the proceeds of the Bonds and hereby authorizes the Mayor to sign the document entitled "TEFRA APPROVAL OF THE CITY OF FAYETTEVILLE, ARKANSAS, a copy of which is attached to this Resolution and made a part hereof, provided that in no event shall the City of Fayetteville, Arkansas be liable for such Bonds nor shall the Bonds constitute a debt of the City of Fayetteville, Arkansas. Page 2 Resolution No. 90-15 PASSED and APPROVED this 21St day of April, 2015. ATTEST: By: AWJ44'jwk SONDRA E. SMITH, City Clerk Treasurer `> OT Y sFAYETTEVILL E '��� a a i ii t tO ' City. of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2015-0188 Agenda Date: 4/21/2015 Version: 1 Status: Agenda Ready In Control: City Council File Type: Resolution Agenda Number: C. 1 PARK LAKE APARTMENTS ACQUISITION AND RENOVATION A RESOLUTION TO APPROVE THE ISSUANCE OF NOT TO EXCEED $50,000,000.00 OF THE PUBLIC FINANCE AUTHORITY REVENUE BONDS TO FINANCE OR REFINANCE CERTAIN COSTS OF VARIOUS PROJECTS, INCLUDING THE ACQUISITION AND RENOVATION OF THE 91 -UNIT PARK LAKE APARTMENTS LOCATED AT 1753 E. ZION ROAD, ON BEHALF OF AMERICAN AGAPE FOUNDATION, INC. OF SAN ANTONIO, TEXAS WHEREAS, American Agape Foundation, Inc., a non-profit tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, has proposed to acquire and rehabilitate the 91 unit residential rental community known as Park Lake Apartments, located at 1752 E. Zion Road, Fayetteville, Arkansas 72703; and WHEREAS, American Agape Foundation, Inc. intends to fund this project and three other projects located in Louisiana and Florida by issuing Public Finance Authority Multifamily Housing Revenue Bonds (American Agape Foundation Portfolio Project), Series 2015, which are private activity bonds governed by 26 U.S.C. §§ 141-147, issued through the Public Finance Authority of Wisconsin; and WHEREAS, 26 U.S.C. § 147(f) and 26 C.F.R. § 5f.103-2 require the approval of the local government entity with geographic jurisdiction over projects funded by such private activity bonds in order for American Agape Foundation, Inc. to qualify for tax exempt bond financing; and WHEREAS, approval of the issuance of these private activity bonds does not constitute a debt of the City of Fayetteville and in no way makes the City of Fayetteville liable for such bonds, nor will the City's bond rating or bonding capacity be affected by the issuance of these bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville Arkansas, for the sole purpose of satisfying the public approval requirement of 26 U.S.C. § 147(f) of the Internal Revenue Code and 26 C.F.R. § 5f.103-2, hereby approves the issuance of the Public Finance Authority Multifamily Housing Revenue Bonds (American Agape Foundation Portfolio Project), Series 2015 by the Public Finance Authority in the aggregate principal amount not to exceed $50,000,000 and the financing of the Projects with the proceeds of the Bonds and hereby authorizes the Mayor to sign the document entitled "TEFRA APPROVAL OF THE CITY OF FAYETTEVILLE, ARKANSAS, a copy of which is attached to this Resolution and made a part hereof, provided that in no event shall the City of Fayetteville, Arkansas be City of Fayetteville, Arkansas Page 1 Printed on 411412015 File Number: 2015-0188 liable for such Bonds nor shall the Bonds constitute a debt of the City of Fayetteville, Arkansas. City of Fayetteville, Arkansas Page 2 Printed on 4114/2015