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00-224council File # ��_�v-�`'� Resolution # Green Sheet # �o l 6 �Sy Presented By RESOLUTION CITY OF SAIPiT PAUL, M{NNESOTA �� Re£erred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 APPROVING A SINGLE FAMTLY HOUSING PROGIZAM TO BE FINANCBD BY THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENiJE BONDS AND MORTGAGE CREDIT CERTIFICATES WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Housing Act"), the City of Saint Paul, Minnesota (the "City") is authorized to adopt a housing plan and carry out programs for the financing of single family housing for persons of low and moderate income; and WfIEREAS, the Minneapolis/Saint Paul Housing Finance Board (the "Board"), a joint powers board organized under a Joint Powers Agreement (the "Joint Powers AgreemenY') by and between the Minneapolis Community Development Agency (the "Agency"), the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authority") and the City of Minneapolis, Minnesota ("Minneapolis") and accepted by the City, and under the laws of the State of Minnesota, proposes to undertake a single family housing program relating to the Minneapolis and the Saint Paul entitlement allocafions available in 2000 and certain recycling refunding bonds (the "Program"}, to be financed by the issuance of one or more series of mortgage revenue obligations, mortgage revenue refunding obligations and/or mortgage credit certificates ("MCCs") pursuant to Minnesota Statutes, Sections 469.001 to 469.047, Chapters 462A, 462C and 474A and Section 471.59 (collecfively, the "AcY'); and WHEREAS, pursuant to the Act, the Board is authorized to issue bonds from time to tune and to use the proceeds of its bonds to make or purchase mortgage loans or to purchase participations in mortgage loans from lending institutions and to issue MCCs in order to finance the construction and rehabilitafion, and to facilitate the purchase and sale, of single family housing for eligible persons or families under the Act and to issue bonds to refund previously issued bonds; and WIIEREAS, the Program will provide below market interest rate mortgage loan financing or income t� credits primarily to persons of low or moderate income purchasing single family homes to be used as their principal places of residence and which ue located within the geographic limits of the City or Minneapolis; and WHEREAS, the Act requires adoption of the Program after a public hearing held thereon following publication of notice in a newspaper of general circulation in the City and Minneapolis at least fifteen days in advance of the hearing; and WHEREAS, the City Council has on the date hereof conducted a public heazing on the Program, after publication of notice as required by the Act; and 00 - a-ay 39 WIIEREAS, the Program was submitted to the Metropolitan Council at or before the time 40 of publication of notice of the public hearing on such Program, and the Metropolitan Council 41 was afforded an opportunity to present comments at the public hearing, all as required by the 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Act; and WHEREAS, the Program provides for the issuance of single family mortgage revenue bonds or revenue refunding bonds in one or more series pursuant to the Act (the "Bonds") to make or purchase or cause to be made or purchased mortgage loans, or to purchase securities the proceeds of which would be used to purchase mortgage loans, and the issuance of MCCs to fmance the acquisition, primarily by low and moderate income persons and families, of single family housing located within the geograpkuc boundaries of the City ar Minneapolis; and WHEREAS, it is proposed that the Program be approved and the Board be authorized to issue Bonds and MCCs pursuant to the Program and the Joint Powers Agreement; and WHEREAS, it appears that the Program and the issuance of Bonds and/or MCCs by the Boazd or the Authority aze in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT PAUL AS FOLLOWS: 1. The Program is hereby approved in its entirety in substantially the form on file with the City. The officers of the City and the Board are authorized to take ali actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulafions. 64 65 2. The issuance of the Bonds ancUor MCCs pursuant to the Program is hereby 66 approved subject to agreement by the Board or the Authority and the purchasers of the Bonds, if 67 any, and by the Board ar the Authority as issuer of the MCCs, as to the exact terms of the 68 Program MCCs. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 The Bonds may be issued in one or more series at the time or times and pursuant to terms detemuned by the Board, and be structured so as to take advantage of whatever means are auailable and aze permitted by law to enhance the security for, or mazketability of, the Bonds, provided that any such financing structure must be approved by the Board. The MCCs may be issued at the time or times and pursuant to terms determined by the Boazd. All such determinations by the Boazd must comply with the applicable provisions of the Act and the Internai Revenue Code of 1986, as amended, and regulations promulgated theteunder. 4. The Boazd is authorized to take a11 actions which may be necessary or desirable in connection with the issuance of the Bonds and the MCCs, acting on behalf of the City, and no further approval or consent of the City shall be required prior to the issuance of the Bonds or the MCCs by the Boazd, or prior to the taking of any action by the Board to undertake and implement the Program. �o -aay 84 5. Nothing in this Resolution or the documents prepared pursuant hereto shall 85 authorize the expenditure of any municipal funds on the Program other than as specified and 86 authorized by separate actions of the CiTy and other than the revenues derived from the Program 87 or otherwise granted to the City for this purpose. The Bonds shall not constitute a chazge, lien or 88 encumbrance, legal or equitable, upon any property or funds of the City except the revenues and 89 proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. 90 The holders of the Bonds shall never have the right to compel any exercise of the tasing power of 91 the City to pay the outstanding principal on the Bonds or the interest thereon, oz to enforce 42 payment against any properiy of the City. The Bonds shall recite in substance that the principal 93 and interest thereon, aze payable solely from the revenues and proceeds piedged to the payment 94 thereof. The Bonds shall not constitute a debt of the City within the meaning of any 95 constitutional or statutory limitation of indebtedness. ., . 6. Any one or more series of the Bonds or the MCCs may be issued by the Authority in lieu of issuance by the Board, at the discretion of the Authority. Adoption Certified by Council Secretary By: �� a—. � C Approved by Mayor: e— �U/LL°✓"u /�� By: Requested by Department of: Plannin & Economic Dev lo ment By: Form Approved by City Attorney �� 7 � �� �1 Approved by Mayor for Submission to Council By: ����/�-' '�, � Adopted by CounCil: Date ����._�n $' a(.,` p(p � 0 0 -aay DEPARTMENT/OFFICE/COUNCIL DATE INITIATED GREEN SHEET No '101684 PED 2/23/00 - CONTACT PERSON & PHONE � ��{�� e0t Direc[or Ciry Council AI Carison 6-6676 Ciry Attomey �� � Crty Clerk MUST BE ON COUNCIL AGENDA BY (DATE) March 8, 2000 � Financial Servicrs Dir. � Fnancial/ACC[g �Mayor •.. JU'i�QtRiL �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED ' Sign attached resolution approving the 2000 Mpls/St. Paul Single Family Housing Program. This will be a Public Hearing. Notice has been placed in the Pioneer Press. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION 7, Has this person/firm ever worked under a contract for CIB COMMITTEE this department? yes no CIVIL SERVICE COMMISSION 2. Has this person/firm ever been a city employee? yes na 3. Does this person/firm possess a skill not normally possessed by any current city employee? yes no 4. Is this person/firm a targeted vendor? yes no 5. Explain all yes answers on separate sheet and attach to green sheet. INITIATING PROBLEM ISSUE, OPPORTUNITY (who, what, when, where, why) The city receives an annual housing bond authority allocation of $16,131,000 from the State to issue tax-exempt bonds for housing activities. The resolution adopts a housing program which stipuiates how the authority may be used such as single tamily mortgage revenue bonds, mortgage credit certificates or multi-family housing, under the single family program. The bonds can be used to provide mortgage loans to finance or finance and rehab their homes. The program is targeted to lower income first-time homebuyers. q � c;� a ADVANTGES IF APPROVED �g, �� m �: �. 8 m � �- p ��� �� ���� DISADVANTAGESIFAPPROVED ���� �� ���.���� DISADVANTAGES IF NOT APPROVED '1 d rn� G`��t�� Cour�c� �e$�a,� TOTAL AMOUNT OF TRANSACTION S COST/REVENUE 6UD6ETED ���LE�J�E1,�� NO FUNDING SOURCE � FINANCIAL INFORMATION (EXPLAIN) 0 0 -a �-�t Interdepartmental Memorandum CITY OF SAINT PAUL To: Council President Bostrom Council member Benanav Council member Blakey Council member Coleman Council member Harris Council member Lanhy Council member Reiter From: Brian Sweeney � /�,� „— Allen Carlson �Q� Date: Febniary 23, 2000 Re: Approval of 2000 Minneapolis/Saint Paul Single Family Housing Program To Be Financed by the Issuance of Single Family Mortgage Revenue Bonds and Mortgage Credit Certificates Purpose The purpose of this report is to describe the nature and purpose of Saint Paul's 2000 Single Family Housing Program and to recommend its adoption. Background In 1984, the Cities of Minneapolis and Saint Paul and their respective development agencies created the Minneapolis/Saint Paul Housing Finance Boazd (Joint Board) far the purpose of providing decent, safe, sanitary, and affordable housing to residents of both cities. Membership of the Joint Board is comprised of three council members from each city. Saint Paul's current members are Council members Blakey, Bostrom and Lantry. Through the Joint Board, the two cities sponsor their single family mortgage programs by issuing both taac exempt mortgage xevenue bonds and mortgage credit certificates. Current programs financed through the Joint Board include Take Credit! which provides a federal tas credit to persons purchasing their first homes in either Saint Paul or Minneapolis and CityLiving 1999A and 1999B of the bond- financed Home Buyer Programs. Using a portion of the year 2000 bonding allocation, staff is proposing issuance of up to $15,000,000 of bonds to continue financing the first-time homebuyer program. 00 -�a�, Program Description The 2000 Single Family Housing Program is included as E�ibit A to the attached Council Resolution. Saint Paul will have a totai bonding authority of $17,779,000 for the 2000 Program ($1,648,000 of 1999 carryforward authority and $16,131,000 of 2000 bonding authority). The 1999 Program inciudes a description of the program eligibility requirements dictated by federal and state legislation and serves as the basis for future use of Saint Paul's and Minneapolis, enritlement allocations of mortgage bond authority. Ongoing Program parameters include a masiinum purchase price of 90% of average azea purchase price (which current translates to $121,862 for an existing single family home) and a maximum household income of 100% of area median income (currently $63,600). Upon adoption by the Joint Board, the 2000 Program will be filed with the State Department of Revenue as required by Minnesota Statutes, Chapter 462C. The attached resolution does not obligate the City ar HRA to expend any funds. In addition, the resolution specifies that neither the City or HRA will be subject to any liability for bonds or mortgage credit certificates issued to finance the Program. Approval of the Program does not preclude the City or HRA from issuing multifamily revenue bonds. Public Purpose Through its single family mortgage programs, the Joint Boazd helps Saint Paul families become homeowners. In addition, by providing financing which accommodates both the purchase and the rehabilitation of single family homes, the Joint Board helps the City to meet its goal of improving its housing stock. Recommendation Staff recommends approval of the attached resolution giving approval to the issuance by the MinneapolislSaint Paul Housing Finance Board of single family mortgage revenue bonds and mortgage credit certificates to finance the City's 2000 Single Family Housing Program. Allen Carlson 266-6616 Sponsor: Chair Bostrom K1Shazed\CARLS�AP\CiTyLiving2000A\cc ipt wpd ba -��-�1 MINNEAPOLIS/SAINT PAUL 2000 SINGLE FANIILY JOINT' BOARD PROGRAM The City of Minneapolis, Minnesota (`iVlinneapolis"), the Minneapolis Community Development Agency (the "A�enc}�'), the City of Saint Paul, Mimiesota ("Saint Paul") and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authorit}��, actin� individually or jointly through the Minneapolis/Saint Paul Housing Finance Board (the "Joine Board") (all together, the "Issuers") propose to issue mortgage credit certificates ("MCCs") under Section 25 of the Intemal Revenue Code of 1986, as amended (together with regulations promul�ated thereunder, the "Code"), or new money mortgage revenue bonds and certain mortgage revenue refunding bonds under Section 143 of the Code in one or more series, in either case to finance the single family housin� program described herein (the "Program") pursuant to authority conferred by Minnesota Statutes, Chapters 462C, 462A, 469 and 474A, all as amended, (and any other general or special law authority for the issuance of obligations to finance a single family housing program or development) (all together, the "AcY'). Any action specified herein to be made by the "Issuers" may be made by one or more of them acting in concert or individually. In creating this Program, the Issuers find and determine: • that the preservation of the quality of life in Minneapolis and Saint Paul (the "Cities") is dependent upon maintainin� an sdequate, decent, safe and sanitary housing stock; • that maintaining such housing stock is a public purpose and will benefit the residents of the Ciries; • that a need exists within the Cities to provide additional affordable owner-occupied housin� for low and moderate income persons and families; and ■ that a need exists for mortgage credit to be made available for both existing and new owner-occupied housing, for rehabilitation of existing singie family housing and for home improvements. To meet such needs, the Issuers intend to issue one or more series of single family mortgage revenue bonds and single family mortgage revenue refunding bonds ("Bonds") to cause the ori�ination of mort�age loans to finance the acquisition, construcrion, rehabilitation or improvement of sin�le family housin� in the Cities (or either of them). In addition to or in lieu of issuing Bonds, the Issuers (or any one or more of them) may undertake a MCC program to issue MCCs to mortgagors who obtain mortgage loans to fmance the purchase, construction, rehabilitation or improvement of single family housing in the Cities (or either of them). The Issuers may issue Bonds, or will elect not to issue bonds in favor of MCCs, in an a�gregate principal amount not exceeding (a) $31,117,000 for Minneapolis and $17,779,000 for Saint Paul, representing certain carried forwazd allocation and 2000 entitlement bond allocation of Minneapolis and Saint Paul; (b) an amount up to $20,500,000 to refund the Series 1999A-3 Bonds and Series 1999B-2 Bonds issued in 1999; (c) approximately $33,000,000 to recycle refund prepayments and repayments of certain outstanding bonds; (d) up to $2,800,000 to refund the Issuer's Phase VIII Bonds, and (e) such I900139v1 Q4QSN0l!.DOC) d o ��a� principal amount of tasable bonds as may be necessary or convenient to fiuther the purposes of this Prograzn. Mort�a�e loans financed throu�h the issuance of the Bonds and those in connection with which the MCCs will be issued, will be subject to the followin� terms (or, for Bonds as to which these requirements do not apply as a matter of law, to such other terms approved by the Boazd): purchase Qrice - the masimum purchase price for financed homes shall not exceed the lesser of (a) 90% (110% in "tar�eted areas" or areas treated as tazgeted areas) of the applicable "average azea purchase price" detemuned by the United States Department of the Treasury or by the Issuers on the basis of more complete information, or (b) 3 times the applicable income limit for the Program imposed by Minnesota law (except that in certain azeas the purchase price shall not exceed 4 times the applicable income lunit to the extent consistent with applicable federal law); income limits - the maximum income of the mortgagors shall be the lower of (a) the income restrictions imposed by federal tas law or (b) the income restrictions imposed by Minnesota Statutes, Secrion 462C.03, Subd. 2, including the restriction of Subd. 7 that for the first six months of the Program, 50% of the money available to make mortga�e loans or the "non-issued bond amount" of MCCs must be reserved for persons and families with adjusted incomes not greater than 90% of the general Pro�am income limits. Income Innits under Section 462C.03, Subd. 2 shall be adjusted for family size by deducting $1,000 per adult and $1,200 per child in the family. In connection �vith this Program: (i) (a) in connection with any mortga�e loans financed with the proceeds of mortga�e revenue bonds, any financial institutions described in Section 462C.03, Subd. 4, and other mort�a�e lenders with offices located in the Cities and which are FHA/VA approved sellers of mortgage loans as weil as other financial institutions and mortgage lenders which aze FHANA; or FNMAlFHI,MC approved sellers of mortgage loans and are reasonably acceptable to any master servicer acting on behalf of the Issuers, will be eligble for consideration for ori�ination of such loans; the Cities will not limit participation in the Program to a single lender unless other lenders are not willing to participate for the consideration offered; the Agency and the Authority shall be eligible for consideration for origination of loans; (b) in connection with issuance of MCCs, MCCs will not be limited to loans originated by particulaz lenders but will be available with respect to the origination of qualifyin� mort�age loans by any participating lender; (ii) loans will not be made available or set aside for the exclusive use of developers or builders except, in the case of mort;age loans financed with the proceeds of mortga�e revenue bonds, for new housing described in Section 462C.071, Subd. 2; 1900139c1 (I4QSN01!.DOC) Z, c'�o -�'a-� (iii) the Issuers expect to act as, or to contract with, a program adminisirator and a servicer to provide services to ensure that the Pro�am will be consistent with this Pro�am, the Act and applicable federal law; (iv) as indicated above, up to 511,256,000 of carried forward allocation and 537,640,000 of the 2000 enritlement allocarions of the Cities may be used in the Program, provided, however, that no provision of this Program shall in any way prevent either Minneapolis or Saint Paul from using all or a portion of its respective entitlement allocarion(s) for multifamily housin� or any other authorized purpose. In addition, any election made by the Cities to issue MCCs in lieu of Bonds may be revoked in whole or in part, at any time durin� the calendaz year in which the elecrion was made as pemutted by Section 25 of the Intemal Revenue Code and Section 1.25-4T(c)(3) of the Treasury Regulations. The resulting unused enritlement allocation may be used to issue bands for single family housing or other authorized purposes; (v) the Prograzn will meet the needs of low and moderate income families by providing below-mazket rate financing for the acquisition or rehabilitation of single family homes or by providing a tax credit for mort�a�e interest paid, thereby enabling such persons to qualify for mortga�es which would be unavailable at market rates; (vi) the Issuers hereby request a waiver by the Minnesota Housing Finance Agency of the provisions of Section 462C.03, Subd. 5; (vii) no homes which aze located in previously unincorporated real property annexed by the Cities within one yeaz prior to the date of adoption of this Pro�am will be financed under this Pro�am; (viii) prohibitions or limitations on assumption will be imposed to the extent required by federal law relating to the ta� exempt status of Bonds or to the continued validity of MCCs issued pursuant to the Program; provided that the Issuers may impose more stringent limitations at their discretion; (ix) the estimated amount of mortgage loans to be made or purchased pursuant to this Program is approximately equal to the a��egate principal amount of Bonds issued and the amount which either of the Issuers may elect not to issue in favor of MCCs; (x) the esUmated a��egate principal amount of the Bonds, or estimated "non- issued bond amount" (as such term is used in Section 25(d)(2)(B) of the Code) of MCCs issued in lieu of the Bonds, is set forth above; (xi) the Bonds, if issued, may be issued in one or more series timed for sale consistent with the needs of the Cities in 2000, or, if any bond allocarion is carried forwazd, in the first half of 2001; (xii) refinancing of existing indebtedness will be permitted only where the mort�a�e loan also finances substantial "rehabilitation" as that term is defined under I900139v1 (14QSN0t!.DOC) 3 Do -aa�l Minnesota Statutes, Section 462C.01 and Section 462C.03, Subd. 11 and under Section 143 of the Code; (xiii) to the extent required by the Act, during the first ten (10) months of the origination period, loans financed by the Bonds (but not mortgage loans assisted by MCCs) will be made for existing housing; (xiv) the following additional provisions shall apply only to issuance of MCCs pursuant to this Pro�am: 20%; (1) the "certificate credit rate" (as used in Section 25 of the Code) will be (2) a copy of the form which will be used to elect the nonissued bond amount is attached hereto as Eachibit A; and (3) the Issuers will ensure compliance with the requirements of Section 25 of the Code by use of an MCC procedural manual for the Program and by use of the oroeram administrator referenced in item (iii) above. 1900139v( Q4QSNOL'.DOC) aa-� EXHIBIT A TO JOINT BOARD PROGRAM MORTGAGE CREDTT CERTIFICATE ELECTION (Pursuant to Temp. Reg. § 1.25-4T) (i) Issuer name: [Name] [Address] TIN: [Number] (ii) Issuer's Applicable lunit, per § 146 of the Intemal Revenue Code of 1986: [ALLOCATION FOR 2000: $ � [CARRYFORWARD ALLOCATION FROM 1999: $ 1 (iii) The aggregate amount of qualified mortgage bonds issued during the calendaz yeaz:: [Amount] (iv) The amount of the Issuer's applicable limit that it has surrendered to other issuers during Yh� calendaz year: [Amount] (v) The date and amount of any previous elections under 1.25-4T(c) for 2000: [Date and amount} (vi) The amount of qualified mortgage bonds that the issuer elects not to issue: [Amount] State Certification attached. Dated: , 2000 CITY OF [CTTY] By Mayor �wotsm-i �taQstvou.DOC) A - 1 council File # ��_�v-�`'� Resolution # Green Sheet # �o l 6 �Sy Presented By RESOLUTION CITY OF SAIPiT PAUL, M{NNESOTA �� Re£erred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 APPROVING A SINGLE FAMTLY HOUSING PROGIZAM TO BE FINANCBD BY THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENiJE BONDS AND MORTGAGE CREDIT CERTIFICATES WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Housing Act"), the City of Saint Paul, Minnesota (the "City") is authorized to adopt a housing plan and carry out programs for the financing of single family housing for persons of low and moderate income; and WfIEREAS, the Minneapolis/Saint Paul Housing Finance Board (the "Board"), a joint powers board organized under a Joint Powers Agreement (the "Joint Powers AgreemenY') by and between the Minneapolis Community Development Agency (the "Agency"), the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authority") and the City of Minneapolis, Minnesota ("Minneapolis") and accepted by the City, and under the laws of the State of Minnesota, proposes to undertake a single family housing program relating to the Minneapolis and the Saint Paul entitlement allocafions available in 2000 and certain recycling refunding bonds (the "Program"}, to be financed by the issuance of one or more series of mortgage revenue obligations, mortgage revenue refunding obligations and/or mortgage credit certificates ("MCCs") pursuant to Minnesota Statutes, Sections 469.001 to 469.047, Chapters 462A, 462C and 474A and Section 471.59 (collecfively, the "AcY'); and WHEREAS, pursuant to the Act, the Board is authorized to issue bonds from time to tune and to use the proceeds of its bonds to make or purchase mortgage loans or to purchase participations in mortgage loans from lending institutions and to issue MCCs in order to finance the construction and rehabilitafion, and to facilitate the purchase and sale, of single family housing for eligible persons or families under the Act and to issue bonds to refund previously issued bonds; and WIIEREAS, the Program will provide below market interest rate mortgage loan financing or income t� credits primarily to persons of low or moderate income purchasing single family homes to be used as their principal places of residence and which ue located within the geographic limits of the City or Minneapolis; and WHEREAS, the Act requires adoption of the Program after a public hearing held thereon following publication of notice in a newspaper of general circulation in the City and Minneapolis at least fifteen days in advance of the hearing; and WHEREAS, the City Council has on the date hereof conducted a public heazing on the Program, after publication of notice as required by the Act; and 00 - a-ay 39 WIIEREAS, the Program was submitted to the Metropolitan Council at or before the time 40 of publication of notice of the public hearing on such Program, and the Metropolitan Council 41 was afforded an opportunity to present comments at the public hearing, all as required by the 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Act; and WHEREAS, the Program provides for the issuance of single family mortgage revenue bonds or revenue refunding bonds in one or more series pursuant to the Act (the "Bonds") to make or purchase or cause to be made or purchased mortgage loans, or to purchase securities the proceeds of which would be used to purchase mortgage loans, and the issuance of MCCs to fmance the acquisition, primarily by low and moderate income persons and families, of single family housing located within the geograpkuc boundaries of the City ar Minneapolis; and WHEREAS, it is proposed that the Program be approved and the Board be authorized to issue Bonds and MCCs pursuant to the Program and the Joint Powers Agreement; and WHEREAS, it appears that the Program and the issuance of Bonds and/or MCCs by the Boazd or the Authority aze in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT PAUL AS FOLLOWS: 1. The Program is hereby approved in its entirety in substantially the form on file with the City. The officers of the City and the Board are authorized to take ali actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulafions. 64 65 2. The issuance of the Bonds ancUor MCCs pursuant to the Program is hereby 66 approved subject to agreement by the Board or the Authority and the purchasers of the Bonds, if 67 any, and by the Board ar the Authority as issuer of the MCCs, as to the exact terms of the 68 Program MCCs. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 The Bonds may be issued in one or more series at the time or times and pursuant to terms detemuned by the Board, and be structured so as to take advantage of whatever means are auailable and aze permitted by law to enhance the security for, or mazketability of, the Bonds, provided that any such financing structure must be approved by the Board. The MCCs may be issued at the time or times and pursuant to terms determined by the Boazd. All such determinations by the Boazd must comply with the applicable provisions of the Act and the Internai Revenue Code of 1986, as amended, and regulations promulgated theteunder. 4. The Boazd is authorized to take a11 actions which may be necessary or desirable in connection with the issuance of the Bonds and the MCCs, acting on behalf of the City, and no further approval or consent of the City shall be required prior to the issuance of the Bonds or the MCCs by the Boazd, or prior to the taking of any action by the Board to undertake and implement the Program. �o -aay 84 5. Nothing in this Resolution or the documents prepared pursuant hereto shall 85 authorize the expenditure of any municipal funds on the Program other than as specified and 86 authorized by separate actions of the CiTy and other than the revenues derived from the Program 87 or otherwise granted to the City for this purpose. The Bonds shall not constitute a chazge, lien or 88 encumbrance, legal or equitable, upon any property or funds of the City except the revenues and 89 proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. 90 The holders of the Bonds shall never have the right to compel any exercise of the tasing power of 91 the City to pay the outstanding principal on the Bonds or the interest thereon, oz to enforce 42 payment against any properiy of the City. The Bonds shall recite in substance that the principal 93 and interest thereon, aze payable solely from the revenues and proceeds piedged to the payment 94 thereof. The Bonds shall not constitute a debt of the City within the meaning of any 95 constitutional or statutory limitation of indebtedness. ., . 6. Any one or more series of the Bonds or the MCCs may be issued by the Authority in lieu of issuance by the Board, at the discretion of the Authority. Adoption Certified by Council Secretary By: �� a—. � C Approved by Mayor: e— �U/LL°✓"u /�� By: Requested by Department of: Plannin & Economic Dev lo ment By: Form Approved by City Attorney �� 7 � �� �1 Approved by Mayor for Submission to Council By: ����/�-' '�, � Adopted by CounCil: Date ����._�n $' a(.,` p(p � 0 0 -aay DEPARTMENT/OFFICE/COUNCIL DATE INITIATED GREEN SHEET No '101684 PED 2/23/00 - CONTACT PERSON & PHONE � ��{�� e0t Direc[or Ciry Council AI Carison 6-6676 Ciry Attomey �� � Crty Clerk MUST BE ON COUNCIL AGENDA BY (DATE) March 8, 2000 � Financial Servicrs Dir. � Fnancial/ACC[g �Mayor •.. JU'i�QtRiL �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED ' Sign attached resolution approving the 2000 Mpls/St. Paul Single Family Housing Program. This will be a Public Hearing. Notice has been placed in the Pioneer Press. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION 7, Has this person/firm ever worked under a contract for CIB COMMITTEE this department? yes no CIVIL SERVICE COMMISSION 2. Has this person/firm ever been a city employee? yes na 3. Does this person/firm possess a skill not normally possessed by any current city employee? yes no 4. Is this person/firm a targeted vendor? yes no 5. Explain all yes answers on separate sheet and attach to green sheet. INITIATING PROBLEM ISSUE, OPPORTUNITY (who, what, when, where, why) The city receives an annual housing bond authority allocation of $16,131,000 from the State to issue tax-exempt bonds for housing activities. The resolution adopts a housing program which stipuiates how the authority may be used such as single tamily mortgage revenue bonds, mortgage credit certificates or multi-family housing, under the single family program. The bonds can be used to provide mortgage loans to finance or finance and rehab their homes. The program is targeted to lower income first-time homebuyers. q � c;� a ADVANTGES IF APPROVED �g, �� m �: �. 8 m � �- p ��� �� ���� DISADVANTAGESIFAPPROVED ���� �� ���.���� DISADVANTAGES IF NOT APPROVED '1 d rn� G`��t�� Cour�c� �e$�a,� TOTAL AMOUNT OF TRANSACTION S COST/REVENUE 6UD6ETED ���LE�J�E1,�� NO FUNDING SOURCE � FINANCIAL INFORMATION (EXPLAIN) 0 0 -a �-�t Interdepartmental Memorandum CITY OF SAINT PAUL To: Council President Bostrom Council member Benanav Council member Blakey Council member Coleman Council member Harris Council member Lanhy Council member Reiter From: Brian Sweeney � /�,� „— Allen Carlson �Q� Date: Febniary 23, 2000 Re: Approval of 2000 Minneapolis/Saint Paul Single Family Housing Program To Be Financed by the Issuance of Single Family Mortgage Revenue Bonds and Mortgage Credit Certificates Purpose The purpose of this report is to describe the nature and purpose of Saint Paul's 2000 Single Family Housing Program and to recommend its adoption. Background In 1984, the Cities of Minneapolis and Saint Paul and their respective development agencies created the Minneapolis/Saint Paul Housing Finance Boazd (Joint Board) far the purpose of providing decent, safe, sanitary, and affordable housing to residents of both cities. Membership of the Joint Board is comprised of three council members from each city. Saint Paul's current members are Council members Blakey, Bostrom and Lantry. Through the Joint Board, the two cities sponsor their single family mortgage programs by issuing both taac exempt mortgage xevenue bonds and mortgage credit certificates. Current programs financed through the Joint Board include Take Credit! which provides a federal tas credit to persons purchasing their first homes in either Saint Paul or Minneapolis and CityLiving 1999A and 1999B of the bond- financed Home Buyer Programs. Using a portion of the year 2000 bonding allocation, staff is proposing issuance of up to $15,000,000 of bonds to continue financing the first-time homebuyer program. 00 -�a�, Program Description The 2000 Single Family Housing Program is included as E�ibit A to the attached Council Resolution. Saint Paul will have a totai bonding authority of $17,779,000 for the 2000 Program ($1,648,000 of 1999 carryforward authority and $16,131,000 of 2000 bonding authority). The 1999 Program inciudes a description of the program eligibility requirements dictated by federal and state legislation and serves as the basis for future use of Saint Paul's and Minneapolis, enritlement allocations of mortgage bond authority. Ongoing Program parameters include a masiinum purchase price of 90% of average azea purchase price (which current translates to $121,862 for an existing single family home) and a maximum household income of 100% of area median income (currently $63,600). Upon adoption by the Joint Board, the 2000 Program will be filed with the State Department of Revenue as required by Minnesota Statutes, Chapter 462C. The attached resolution does not obligate the City ar HRA to expend any funds. In addition, the resolution specifies that neither the City or HRA will be subject to any liability for bonds or mortgage credit certificates issued to finance the Program. Approval of the Program does not preclude the City or HRA from issuing multifamily revenue bonds. Public Purpose Through its single family mortgage programs, the Joint Boazd helps Saint Paul families become homeowners. In addition, by providing financing which accommodates both the purchase and the rehabilitation of single family homes, the Joint Board helps the City to meet its goal of improving its housing stock. Recommendation Staff recommends approval of the attached resolution giving approval to the issuance by the MinneapolislSaint Paul Housing Finance Board of single family mortgage revenue bonds and mortgage credit certificates to finance the City's 2000 Single Family Housing Program. Allen Carlson 266-6616 Sponsor: Chair Bostrom K1Shazed\CARLS�AP\CiTyLiving2000A\cc ipt wpd ba -��-�1 MINNEAPOLIS/SAINT PAUL 2000 SINGLE FANIILY JOINT' BOARD PROGRAM The City of Minneapolis, Minnesota (`iVlinneapolis"), the Minneapolis Community Development Agency (the "A�enc}�'), the City of Saint Paul, Mimiesota ("Saint Paul") and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authorit}��, actin� individually or jointly through the Minneapolis/Saint Paul Housing Finance Board (the "Joine Board") (all together, the "Issuers") propose to issue mortgage credit certificates ("MCCs") under Section 25 of the Intemal Revenue Code of 1986, as amended (together with regulations promul�ated thereunder, the "Code"), or new money mortgage revenue bonds and certain mortgage revenue refunding bonds under Section 143 of the Code in one or more series, in either case to finance the single family housin� program described herein (the "Program") pursuant to authority conferred by Minnesota Statutes, Chapters 462C, 462A, 469 and 474A, all as amended, (and any other general or special law authority for the issuance of obligations to finance a single family housing program or development) (all together, the "AcY'). Any action specified herein to be made by the "Issuers" may be made by one or more of them acting in concert or individually. In creating this Program, the Issuers find and determine: • that the preservation of the quality of life in Minneapolis and Saint Paul (the "Cities") is dependent upon maintainin� an sdequate, decent, safe and sanitary housing stock; • that maintaining such housing stock is a public purpose and will benefit the residents of the Ciries; • that a need exists within the Cities to provide additional affordable owner-occupied housin� for low and moderate income persons and families; and ■ that a need exists for mortgage credit to be made available for both existing and new owner-occupied housing, for rehabilitation of existing singie family housing and for home improvements. To meet such needs, the Issuers intend to issue one or more series of single family mortgage revenue bonds and single family mortgage revenue refunding bonds ("Bonds") to cause the ori�ination of mort�age loans to finance the acquisition, construcrion, rehabilitation or improvement of sin�le family housin� in the Cities (or either of them). In addition to or in lieu of issuing Bonds, the Issuers (or any one or more of them) may undertake a MCC program to issue MCCs to mortgagors who obtain mortgage loans to fmance the purchase, construction, rehabilitation or improvement of single family housing in the Cities (or either of them). The Issuers may issue Bonds, or will elect not to issue bonds in favor of MCCs, in an a�gregate principal amount not exceeding (a) $31,117,000 for Minneapolis and $17,779,000 for Saint Paul, representing certain carried forwazd allocation and 2000 entitlement bond allocation of Minneapolis and Saint Paul; (b) an amount up to $20,500,000 to refund the Series 1999A-3 Bonds and Series 1999B-2 Bonds issued in 1999; (c) approximately $33,000,000 to recycle refund prepayments and repayments of certain outstanding bonds; (d) up to $2,800,000 to refund the Issuer's Phase VIII Bonds, and (e) such I900139v1 Q4QSN0l!.DOC) d o ��a� principal amount of tasable bonds as may be necessary or convenient to fiuther the purposes of this Prograzn. Mort�a�e loans financed throu�h the issuance of the Bonds and those in connection with which the MCCs will be issued, will be subject to the followin� terms (or, for Bonds as to which these requirements do not apply as a matter of law, to such other terms approved by the Boazd): purchase Qrice - the masimum purchase price for financed homes shall not exceed the lesser of (a) 90% (110% in "tar�eted areas" or areas treated as tazgeted areas) of the applicable "average azea purchase price" detemuned by the United States Department of the Treasury or by the Issuers on the basis of more complete information, or (b) 3 times the applicable income limit for the Program imposed by Minnesota law (except that in certain azeas the purchase price shall not exceed 4 times the applicable income lunit to the extent consistent with applicable federal law); income limits - the maximum income of the mortgagors shall be the lower of (a) the income restrictions imposed by federal tas law or (b) the income restrictions imposed by Minnesota Statutes, Secrion 462C.03, Subd. 2, including the restriction of Subd. 7 that for the first six months of the Program, 50% of the money available to make mortga�e loans or the "non-issued bond amount" of MCCs must be reserved for persons and families with adjusted incomes not greater than 90% of the general Pro�am income limits. Income Innits under Section 462C.03, Subd. 2 shall be adjusted for family size by deducting $1,000 per adult and $1,200 per child in the family. In connection �vith this Program: (i) (a) in connection with any mortga�e loans financed with the proceeds of mortga�e revenue bonds, any financial institutions described in Section 462C.03, Subd. 4, and other mort�a�e lenders with offices located in the Cities and which are FHA/VA approved sellers of mortgage loans as weil as other financial institutions and mortgage lenders which aze FHANA; or FNMAlFHI,MC approved sellers of mortgage loans and are reasonably acceptable to any master servicer acting on behalf of the Issuers, will be eligble for consideration for ori�ination of such loans; the Cities will not limit participation in the Program to a single lender unless other lenders are not willing to participate for the consideration offered; the Agency and the Authority shall be eligible for consideration for origination of loans; (b) in connection with issuance of MCCs, MCCs will not be limited to loans originated by particulaz lenders but will be available with respect to the origination of qualifyin� mort�age loans by any participating lender; (ii) loans will not be made available or set aside for the exclusive use of developers or builders except, in the case of mort;age loans financed with the proceeds of mortga�e revenue bonds, for new housing described in Section 462C.071, Subd. 2; 1900139c1 (I4QSN01!.DOC) Z, c'�o -�'a-� (iii) the Issuers expect to act as, or to contract with, a program adminisirator and a servicer to provide services to ensure that the Pro�am will be consistent with this Pro�am, the Act and applicable federal law; (iv) as indicated above, up to 511,256,000 of carried forward allocation and 537,640,000 of the 2000 enritlement allocarions of the Cities may be used in the Program, provided, however, that no provision of this Program shall in any way prevent either Minneapolis or Saint Paul from using all or a portion of its respective entitlement allocarion(s) for multifamily housin� or any other authorized purpose. In addition, any election made by the Cities to issue MCCs in lieu of Bonds may be revoked in whole or in part, at any time durin� the calendaz year in which the elecrion was made as pemutted by Section 25 of the Intemal Revenue Code and Section 1.25-4T(c)(3) of the Treasury Regulations. The resulting unused enritlement allocation may be used to issue bands for single family housing or other authorized purposes; (v) the Prograzn will meet the needs of low and moderate income families by providing below-mazket rate financing for the acquisition or rehabilitation of single family homes or by providing a tax credit for mort�a�e interest paid, thereby enabling such persons to qualify for mortga�es which would be unavailable at market rates; (vi) the Issuers hereby request a waiver by the Minnesota Housing Finance Agency of the provisions of Section 462C.03, Subd. 5; (vii) no homes which aze located in previously unincorporated real property annexed by the Cities within one yeaz prior to the date of adoption of this Pro�am will be financed under this Pro�am; (viii) prohibitions or limitations on assumption will be imposed to the extent required by federal law relating to the ta� exempt status of Bonds or to the continued validity of MCCs issued pursuant to the Program; provided that the Issuers may impose more stringent limitations at their discretion; (ix) the estimated amount of mortgage loans to be made or purchased pursuant to this Program is approximately equal to the a��egate principal amount of Bonds issued and the amount which either of the Issuers may elect not to issue in favor of MCCs; (x) the esUmated a��egate principal amount of the Bonds, or estimated "non- issued bond amount" (as such term is used in Section 25(d)(2)(B) of the Code) of MCCs issued in lieu of the Bonds, is set forth above; (xi) the Bonds, if issued, may be issued in one or more series timed for sale consistent with the needs of the Cities in 2000, or, if any bond allocarion is carried forwazd, in the first half of 2001; (xii) refinancing of existing indebtedness will be permitted only where the mort�a�e loan also finances substantial "rehabilitation" as that term is defined under I900139v1 (14QSN0t!.DOC) 3 Do -aa�l Minnesota Statutes, Section 462C.01 and Section 462C.03, Subd. 11 and under Section 143 of the Code; (xiii) to the extent required by the Act, during the first ten (10) months of the origination period, loans financed by the Bonds (but not mortgage loans assisted by MCCs) will be made for existing housing; (xiv) the following additional provisions shall apply only to issuance of MCCs pursuant to this Pro�am: 20%; (1) the "certificate credit rate" (as used in Section 25 of the Code) will be (2) a copy of the form which will be used to elect the nonissued bond amount is attached hereto as Eachibit A; and (3) the Issuers will ensure compliance with the requirements of Section 25 of the Code by use of an MCC procedural manual for the Program and by use of the oroeram administrator referenced in item (iii) above. 1900139v( Q4QSNOL'.DOC) aa-� EXHIBIT A TO JOINT BOARD PROGRAM MORTGAGE CREDTT CERTIFICATE ELECTION (Pursuant to Temp. Reg. § 1.25-4T) (i) Issuer name: [Name] [Address] TIN: [Number] (ii) Issuer's Applicable lunit, per § 146 of the Intemal Revenue Code of 1986: [ALLOCATION FOR 2000: $ � [CARRYFORWARD ALLOCATION FROM 1999: $ 1 (iii) The aggregate amount of qualified mortgage bonds issued during the calendaz yeaz:: [Amount] (iv) The amount of the Issuer's applicable limit that it has surrendered to other issuers during Yh� calendaz year: [Amount] (v) The date and amount of any previous elections under 1.25-4T(c) for 2000: [Date and amount} (vi) The amount of qualified mortgage bonds that the issuer elects not to issue: [Amount] State Certification attached. Dated: , 2000 CITY OF [CTTY] By Mayor �wotsm-i �taQstvou.DOC) A - 1 council File # ��_�v-�`'� Resolution # Green Sheet # �o l 6 �Sy Presented By RESOLUTION CITY OF SAIPiT PAUL, M{NNESOTA �� Re£erred To Committee: Date 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 APPROVING A SINGLE FAMTLY HOUSING PROGIZAM TO BE FINANCBD BY THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENiJE BONDS AND MORTGAGE CREDIT CERTIFICATES WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Housing Act"), the City of Saint Paul, Minnesota (the "City") is authorized to adopt a housing plan and carry out programs for the financing of single family housing for persons of low and moderate income; and WfIEREAS, the Minneapolis/Saint Paul Housing Finance Board (the "Board"), a joint powers board organized under a Joint Powers Agreement (the "Joint Powers AgreemenY') by and between the Minneapolis Community Development Agency (the "Agency"), the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authority") and the City of Minneapolis, Minnesota ("Minneapolis") and accepted by the City, and under the laws of the State of Minnesota, proposes to undertake a single family housing program relating to the Minneapolis and the Saint Paul entitlement allocafions available in 2000 and certain recycling refunding bonds (the "Program"}, to be financed by the issuance of one or more series of mortgage revenue obligations, mortgage revenue refunding obligations and/or mortgage credit certificates ("MCCs") pursuant to Minnesota Statutes, Sections 469.001 to 469.047, Chapters 462A, 462C and 474A and Section 471.59 (collecfively, the "AcY'); and WHEREAS, pursuant to the Act, the Board is authorized to issue bonds from time to tune and to use the proceeds of its bonds to make or purchase mortgage loans or to purchase participations in mortgage loans from lending institutions and to issue MCCs in order to finance the construction and rehabilitafion, and to facilitate the purchase and sale, of single family housing for eligible persons or families under the Act and to issue bonds to refund previously issued bonds; and WIIEREAS, the Program will provide below market interest rate mortgage loan financing or income t� credits primarily to persons of low or moderate income purchasing single family homes to be used as their principal places of residence and which ue located within the geographic limits of the City or Minneapolis; and WHEREAS, the Act requires adoption of the Program after a public hearing held thereon following publication of notice in a newspaper of general circulation in the City and Minneapolis at least fifteen days in advance of the hearing; and WHEREAS, the City Council has on the date hereof conducted a public heazing on the Program, after publication of notice as required by the Act; and 00 - a-ay 39 WIIEREAS, the Program was submitted to the Metropolitan Council at or before the time 40 of publication of notice of the public hearing on such Program, and the Metropolitan Council 41 was afforded an opportunity to present comments at the public hearing, all as required by the 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Act; and WHEREAS, the Program provides for the issuance of single family mortgage revenue bonds or revenue refunding bonds in one or more series pursuant to the Act (the "Bonds") to make or purchase or cause to be made or purchased mortgage loans, or to purchase securities the proceeds of which would be used to purchase mortgage loans, and the issuance of MCCs to fmance the acquisition, primarily by low and moderate income persons and families, of single family housing located within the geograpkuc boundaries of the City ar Minneapolis; and WHEREAS, it is proposed that the Program be approved and the Board be authorized to issue Bonds and MCCs pursuant to the Program and the Joint Powers Agreement; and WHEREAS, it appears that the Program and the issuance of Bonds and/or MCCs by the Boazd or the Authority aze in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT PAUL AS FOLLOWS: 1. The Program is hereby approved in its entirety in substantially the form on file with the City. The officers of the City and the Board are authorized to take ali actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulafions. 64 65 2. The issuance of the Bonds ancUor MCCs pursuant to the Program is hereby 66 approved subject to agreement by the Board or the Authority and the purchasers of the Bonds, if 67 any, and by the Board ar the Authority as issuer of the MCCs, as to the exact terms of the 68 Program MCCs. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 The Bonds may be issued in one or more series at the time or times and pursuant to terms detemuned by the Board, and be structured so as to take advantage of whatever means are auailable and aze permitted by law to enhance the security for, or mazketability of, the Bonds, provided that any such financing structure must be approved by the Board. The MCCs may be issued at the time or times and pursuant to terms determined by the Boazd. All such determinations by the Boazd must comply with the applicable provisions of the Act and the Internai Revenue Code of 1986, as amended, and regulations promulgated theteunder. 4. The Boazd is authorized to take a11 actions which may be necessary or desirable in connection with the issuance of the Bonds and the MCCs, acting on behalf of the City, and no further approval or consent of the City shall be required prior to the issuance of the Bonds or the MCCs by the Boazd, or prior to the taking of any action by the Board to undertake and implement the Program. �o -aay 84 5. Nothing in this Resolution or the documents prepared pursuant hereto shall 85 authorize the expenditure of any municipal funds on the Program other than as specified and 86 authorized by separate actions of the CiTy and other than the revenues derived from the Program 87 or otherwise granted to the City for this purpose. The Bonds shall not constitute a chazge, lien or 88 encumbrance, legal or equitable, upon any property or funds of the City except the revenues and 89 proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. 90 The holders of the Bonds shall never have the right to compel any exercise of the tasing power of 91 the City to pay the outstanding principal on the Bonds or the interest thereon, oz to enforce 42 payment against any properiy of the City. The Bonds shall recite in substance that the principal 93 and interest thereon, aze payable solely from the revenues and proceeds piedged to the payment 94 thereof. The Bonds shall not constitute a debt of the City within the meaning of any 95 constitutional or statutory limitation of indebtedness. ., . 6. Any one or more series of the Bonds or the MCCs may be issued by the Authority in lieu of issuance by the Board, at the discretion of the Authority. Adoption Certified by Council Secretary By: �� a—. � C Approved by Mayor: e— �U/LL°✓"u /�� By: Requested by Department of: Plannin & Economic Dev lo ment By: Form Approved by City Attorney �� 7 � �� �1 Approved by Mayor for Submission to Council By: ����/�-' '�, � Adopted by CounCil: Date ����._�n $' a(.,` p(p � 0 0 -aay DEPARTMENT/OFFICE/COUNCIL DATE INITIATED GREEN SHEET No '101684 PED 2/23/00 - CONTACT PERSON & PHONE � ��{�� e0t Direc[or Ciry Council AI Carison 6-6676 Ciry Attomey �� � Crty Clerk MUST BE ON COUNCIL AGENDA BY (DATE) March 8, 2000 � Financial Servicrs Dir. � Fnancial/ACC[g �Mayor •.. JU'i�QtRiL �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED ' Sign attached resolution approving the 2000 Mpls/St. Paul Single Family Housing Program. This will be a Public Hearing. Notice has been placed in the Pioneer Press. RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION 7, Has this person/firm ever worked under a contract for CIB COMMITTEE this department? yes no CIVIL SERVICE COMMISSION 2. Has this person/firm ever been a city employee? yes na 3. Does this person/firm possess a skill not normally possessed by any current city employee? yes no 4. Is this person/firm a targeted vendor? yes no 5. Explain all yes answers on separate sheet and attach to green sheet. INITIATING PROBLEM ISSUE, OPPORTUNITY (who, what, when, where, why) The city receives an annual housing bond authority allocation of $16,131,000 from the State to issue tax-exempt bonds for housing activities. The resolution adopts a housing program which stipuiates how the authority may be used such as single tamily mortgage revenue bonds, mortgage credit certificates or multi-family housing, under the single family program. The bonds can be used to provide mortgage loans to finance or finance and rehab their homes. The program is targeted to lower income first-time homebuyers. q � c;� a ADVANTGES IF APPROVED �g, �� m �: �. 8 m � �- p ��� �� ���� DISADVANTAGESIFAPPROVED ���� �� ���.���� DISADVANTAGES IF NOT APPROVED '1 d rn� G`��t�� Cour�c� �e$�a,� TOTAL AMOUNT OF TRANSACTION S COST/REVENUE 6UD6ETED ���LE�J�E1,�� NO FUNDING SOURCE � FINANCIAL INFORMATION (EXPLAIN) 0 0 -a �-�t Interdepartmental Memorandum CITY OF SAINT PAUL To: Council President Bostrom Council member Benanav Council member Blakey Council member Coleman Council member Harris Council member Lanhy Council member Reiter From: Brian Sweeney � /�,� „— Allen Carlson �Q� Date: Febniary 23, 2000 Re: Approval of 2000 Minneapolis/Saint Paul Single Family Housing Program To Be Financed by the Issuance of Single Family Mortgage Revenue Bonds and Mortgage Credit Certificates Purpose The purpose of this report is to describe the nature and purpose of Saint Paul's 2000 Single Family Housing Program and to recommend its adoption. Background In 1984, the Cities of Minneapolis and Saint Paul and their respective development agencies created the Minneapolis/Saint Paul Housing Finance Boazd (Joint Board) far the purpose of providing decent, safe, sanitary, and affordable housing to residents of both cities. Membership of the Joint Board is comprised of three council members from each city. Saint Paul's current members are Council members Blakey, Bostrom and Lantry. Through the Joint Board, the two cities sponsor their single family mortgage programs by issuing both taac exempt mortgage xevenue bonds and mortgage credit certificates. Current programs financed through the Joint Board include Take Credit! which provides a federal tas credit to persons purchasing their first homes in either Saint Paul or Minneapolis and CityLiving 1999A and 1999B of the bond- financed Home Buyer Programs. Using a portion of the year 2000 bonding allocation, staff is proposing issuance of up to $15,000,000 of bonds to continue financing the first-time homebuyer program. 00 -�a�, Program Description The 2000 Single Family Housing Program is included as E�ibit A to the attached Council Resolution. Saint Paul will have a totai bonding authority of $17,779,000 for the 2000 Program ($1,648,000 of 1999 carryforward authority and $16,131,000 of 2000 bonding authority). The 1999 Program inciudes a description of the program eligibility requirements dictated by federal and state legislation and serves as the basis for future use of Saint Paul's and Minneapolis, enritlement allocations of mortgage bond authority. Ongoing Program parameters include a masiinum purchase price of 90% of average azea purchase price (which current translates to $121,862 for an existing single family home) and a maximum household income of 100% of area median income (currently $63,600). Upon adoption by the Joint Board, the 2000 Program will be filed with the State Department of Revenue as required by Minnesota Statutes, Chapter 462C. The attached resolution does not obligate the City ar HRA to expend any funds. In addition, the resolution specifies that neither the City or HRA will be subject to any liability for bonds or mortgage credit certificates issued to finance the Program. Approval of the Program does not preclude the City or HRA from issuing multifamily revenue bonds. Public Purpose Through its single family mortgage programs, the Joint Boazd helps Saint Paul families become homeowners. In addition, by providing financing which accommodates both the purchase and the rehabilitation of single family homes, the Joint Board helps the City to meet its goal of improving its housing stock. Recommendation Staff recommends approval of the attached resolution giving approval to the issuance by the MinneapolislSaint Paul Housing Finance Board of single family mortgage revenue bonds and mortgage credit certificates to finance the City's 2000 Single Family Housing Program. Allen Carlson 266-6616 Sponsor: Chair Bostrom K1Shazed\CARLS�AP\CiTyLiving2000A\cc ipt wpd ba -��-�1 MINNEAPOLIS/SAINT PAUL 2000 SINGLE FANIILY JOINT' BOARD PROGRAM The City of Minneapolis, Minnesota (`iVlinneapolis"), the Minneapolis Community Development Agency (the "A�enc}�'), the City of Saint Paul, Mimiesota ("Saint Paul") and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "Authorit}��, actin� individually or jointly through the Minneapolis/Saint Paul Housing Finance Board (the "Joine Board") (all together, the "Issuers") propose to issue mortgage credit certificates ("MCCs") under Section 25 of the Intemal Revenue Code of 1986, as amended (together with regulations promul�ated thereunder, the "Code"), or new money mortgage revenue bonds and certain mortgage revenue refunding bonds under Section 143 of the Code in one or more series, in either case to finance the single family housin� program described herein (the "Program") pursuant to authority conferred by Minnesota Statutes, Chapters 462C, 462A, 469 and 474A, all as amended, (and any other general or special law authority for the issuance of obligations to finance a single family housing program or development) (all together, the "AcY'). Any action specified herein to be made by the "Issuers" may be made by one or more of them acting in concert or individually. In creating this Program, the Issuers find and determine: • that the preservation of the quality of life in Minneapolis and Saint Paul (the "Cities") is dependent upon maintainin� an sdequate, decent, safe and sanitary housing stock; • that maintaining such housing stock is a public purpose and will benefit the residents of the Ciries; • that a need exists within the Cities to provide additional affordable owner-occupied housin� for low and moderate income persons and families; and ■ that a need exists for mortgage credit to be made available for both existing and new owner-occupied housing, for rehabilitation of existing singie family housing and for home improvements. To meet such needs, the Issuers intend to issue one or more series of single family mortgage revenue bonds and single family mortgage revenue refunding bonds ("Bonds") to cause the ori�ination of mort�age loans to finance the acquisition, construcrion, rehabilitation or improvement of sin�le family housin� in the Cities (or either of them). In addition to or in lieu of issuing Bonds, the Issuers (or any one or more of them) may undertake a MCC program to issue MCCs to mortgagors who obtain mortgage loans to fmance the purchase, construction, rehabilitation or improvement of single family housing in the Cities (or either of them). The Issuers may issue Bonds, or will elect not to issue bonds in favor of MCCs, in an a�gregate principal amount not exceeding (a) $31,117,000 for Minneapolis and $17,779,000 for Saint Paul, representing certain carried forwazd allocation and 2000 entitlement bond allocation of Minneapolis and Saint Paul; (b) an amount up to $20,500,000 to refund the Series 1999A-3 Bonds and Series 1999B-2 Bonds issued in 1999; (c) approximately $33,000,000 to recycle refund prepayments and repayments of certain outstanding bonds; (d) up to $2,800,000 to refund the Issuer's Phase VIII Bonds, and (e) such I900139v1 Q4QSN0l!.DOC) d o ��a� principal amount of tasable bonds as may be necessary or convenient to fiuther the purposes of this Prograzn. Mort�a�e loans financed throu�h the issuance of the Bonds and those in connection with which the MCCs will be issued, will be subject to the followin� terms (or, for Bonds as to which these requirements do not apply as a matter of law, to such other terms approved by the Boazd): purchase Qrice - the masimum purchase price for financed homes shall not exceed the lesser of (a) 90% (110% in "tar�eted areas" or areas treated as tazgeted areas) of the applicable "average azea purchase price" detemuned by the United States Department of the Treasury or by the Issuers on the basis of more complete information, or (b) 3 times the applicable income limit for the Program imposed by Minnesota law (except that in certain azeas the purchase price shall not exceed 4 times the applicable income lunit to the extent consistent with applicable federal law); income limits - the maximum income of the mortgagors shall be the lower of (a) the income restrictions imposed by federal tas law or (b) the income restrictions imposed by Minnesota Statutes, Secrion 462C.03, Subd. 2, including the restriction of Subd. 7 that for the first six months of the Program, 50% of the money available to make mortga�e loans or the "non-issued bond amount" of MCCs must be reserved for persons and families with adjusted incomes not greater than 90% of the general Pro�am income limits. Income Innits under Section 462C.03, Subd. 2 shall be adjusted for family size by deducting $1,000 per adult and $1,200 per child in the family. In connection �vith this Program: (i) (a) in connection with any mortga�e loans financed with the proceeds of mortga�e revenue bonds, any financial institutions described in Section 462C.03, Subd. 4, and other mort�a�e lenders with offices located in the Cities and which are FHA/VA approved sellers of mortgage loans as weil as other financial institutions and mortgage lenders which aze FHANA; or FNMAlFHI,MC approved sellers of mortgage loans and are reasonably acceptable to any master servicer acting on behalf of the Issuers, will be eligble for consideration for ori�ination of such loans; the Cities will not limit participation in the Program to a single lender unless other lenders are not willing to participate for the consideration offered; the Agency and the Authority shall be eligible for consideration for origination of loans; (b) in connection with issuance of MCCs, MCCs will not be limited to loans originated by particulaz lenders but will be available with respect to the origination of qualifyin� mort�age loans by any participating lender; (ii) loans will not be made available or set aside for the exclusive use of developers or builders except, in the case of mort;age loans financed with the proceeds of mortga�e revenue bonds, for new housing described in Section 462C.071, Subd. 2; 1900139c1 (I4QSN01!.DOC) Z, c'�o -�'a-� (iii) the Issuers expect to act as, or to contract with, a program adminisirator and a servicer to provide services to ensure that the Pro�am will be consistent with this Pro�am, the Act and applicable federal law; (iv) as indicated above, up to 511,256,000 of carried forward allocation and 537,640,000 of the 2000 enritlement allocarions of the Cities may be used in the Program, provided, however, that no provision of this Program shall in any way prevent either Minneapolis or Saint Paul from using all or a portion of its respective entitlement allocarion(s) for multifamily housin� or any other authorized purpose. In addition, any election made by the Cities to issue MCCs in lieu of Bonds may be revoked in whole or in part, at any time durin� the calendaz year in which the elecrion was made as pemutted by Section 25 of the Intemal Revenue Code and Section 1.25-4T(c)(3) of the Treasury Regulations. The resulting unused enritlement allocation may be used to issue bands for single family housing or other authorized purposes; (v) the Prograzn will meet the needs of low and moderate income families by providing below-mazket rate financing for the acquisition or rehabilitation of single family homes or by providing a tax credit for mort�a�e interest paid, thereby enabling such persons to qualify for mortga�es which would be unavailable at market rates; (vi) the Issuers hereby request a waiver by the Minnesota Housing Finance Agency of the provisions of Section 462C.03, Subd. 5; (vii) no homes which aze located in previously unincorporated real property annexed by the Cities within one yeaz prior to the date of adoption of this Pro�am will be financed under this Pro�am; (viii) prohibitions or limitations on assumption will be imposed to the extent required by federal law relating to the ta� exempt status of Bonds or to the continued validity of MCCs issued pursuant to the Program; provided that the Issuers may impose more stringent limitations at their discretion; (ix) the estimated amount of mortgage loans to be made or purchased pursuant to this Program is approximately equal to the a��egate principal amount of Bonds issued and the amount which either of the Issuers may elect not to issue in favor of MCCs; (x) the esUmated a��egate principal amount of the Bonds, or estimated "non- issued bond amount" (as such term is used in Section 25(d)(2)(B) of the Code) of MCCs issued in lieu of the Bonds, is set forth above; (xi) the Bonds, if issued, may be issued in one or more series timed for sale consistent with the needs of the Cities in 2000, or, if any bond allocarion is carried forwazd, in the first half of 2001; (xii) refinancing of existing indebtedness will be permitted only where the mort�a�e loan also finances substantial "rehabilitation" as that term is defined under I900139v1 (14QSN0t!.DOC) 3 Do -aa�l Minnesota Statutes, Section 462C.01 and Section 462C.03, Subd. 11 and under Section 143 of the Code; (xiii) to the extent required by the Act, during the first ten (10) months of the origination period, loans financed by the Bonds (but not mortgage loans assisted by MCCs) will be made for existing housing; (xiv) the following additional provisions shall apply only to issuance of MCCs pursuant to this Pro�am: 20%; (1) the "certificate credit rate" (as used in Section 25 of the Code) will be (2) a copy of the form which will be used to elect the nonissued bond amount is attached hereto as Eachibit A; and (3) the Issuers will ensure compliance with the requirements of Section 25 of the Code by use of an MCC procedural manual for the Program and by use of the oroeram administrator referenced in item (iii) above. 1900139v( Q4QSNOL'.DOC) aa-� EXHIBIT A TO JOINT BOARD PROGRAM MORTGAGE CREDTT CERTIFICATE ELECTION (Pursuant to Temp. Reg. § 1.25-4T) (i) Issuer name: [Name] [Address] TIN: [Number] (ii) Issuer's Applicable lunit, per § 146 of the Intemal Revenue Code of 1986: [ALLOCATION FOR 2000: $ � [CARRYFORWARD ALLOCATION FROM 1999: $ 1 (iii) The aggregate amount of qualified mortgage bonds issued during the calendaz yeaz:: [Amount] (iv) The amount of the Issuer's applicable limit that it has surrendered to other issuers during Yh� calendaz year: [Amount] (v) The date and amount of any previous elections under 1.25-4T(c) for 2000: [Date and amount} (vi) The amount of qualified mortgage bonds that the issuer elects not to issue: [Amount] State Certification attached. Dated: , 2000 CITY OF [CTTY] By Mayor �wotsm-i �taQstvou.DOC) A - 1