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08-1404Council File # � � Green Sheet # 3065042 RESOLUTION -CITY O� SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 10 11 12 13 Presented by RESOLUTION AUTHORIZING CARRYFORWARD OF IJNi7SED PRIVATE ACTIVITY BOND VOLUME CAP �� WHEREAS, the City of Saint Paul, Mimiesota (the "City") is an"entitlement issuer" within the meaning of Minnesota Statutes, Secrion 474A.02, subd. 7; and WHEREAS, the City's entitlement allocarion for 2008 under Minnesota Statutes, Chapter 474A.03, subd. 2a(3) is $29,804,000 ("General Volume Cap'�; and WHEREAS, the Housing Assistance Tas Act of 2008 amended § 146 of the Internal Revenue Code of 1986, as amended (the "Code"), to provide for a temporazy increase in private activity volume cap in 2008 (the "2008 Housing Act Volume Cap"); and 14 WHEREAS, the City's entitlement allocation of 2008 Housing Act Volume Cap is $14,792,000; 15 and 16 WHEREAS, the City has not yet issued any bonds in 2008 attributable to its General Volume Cap, 17 and does not expect to do so prior to the end of 2008; 18 WHEREAS, the City does not expect to issue bonds in 2008 attributable to the 2008 Housing Act 19 Volume Cap; and 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the City may, under § 146(fl of the Internal Revenue Code of 1986, as amended, and under Minnesota Statutes, Chapter 474A, "canyforwazd" all or a portion of the City's unused General Volume Cap and 2008 Housing Act Volume Cap; and VJFIEREAS, it is in the best interest of the public health, safety and welfaze that the City carryforward for qualified caiiyforwazd purposes its General Volume Cap and 2008 Housing Act Volume Cap remaining unused on December 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, Minnesota, as follows: 1. The Ciry hereby elects to canyforward $20,000,000 of its General Volume Cap for qualified mortgage revenue bonds or mortgage credit certificates. 2. The City hereby elects to canyforward $9,804,000 of its General Volume Cap for qualified residential rental bonds. 3. The City hereby elects to cartyforward the entire $14,792,000 of its 2008 Housing Act Volume Cap for "qualified housing issues," as permitted by IRS Norice 2008-79. Pursuant to such Notice, b�-i�a� 39 "qualified housing issues" include certain single family bonds, mortgage credit certificates or qualified 40 residential rental bonds. 41 42 43 44 45 46 47 48 49 50 51 52 53 4. The City's Director of Plaxuiing and Economic Development is hereby authorized and directed to execute and cause to be filed with the Intemal Revenue Service sepazate Forms 8328 specifying the amount of General Volume Cap and 2008 Housing Act Volume Cap to be cazried forwazd as described above. The Forms 8328 shall be filed with the Internal Revenue Service on or before February 15, 2009. The Director is fiuther authorized to notify the Mimiesota Department of Management and Budget of such curyforward at such time and as required by Minnesota Statutes, Chapter 474A. 5. Any amount carried forward may be utilized by the Housing and Redevelopment Authority of the CiTy of Saint Paul, Minnesota (the "Authority"). The Authority may, at its option, delegate its authority to issue bonds pursuant to the cairyforwazd election to the Mimieapolis/Saint Paul Housing Finance Boazd (the "Board"). The proceeds of bonds issued by the Boazd may be applied within the jurisdictional boundaries of the Boazd as provided in Minnesota Statutes, Section 462C.12, subd. 3. Requested by Department of: By: Form � Adoption Certified by Coundl Secretary Form BY� // //iA:i �ir.%icSO�� By: Approved by Mayor: Date ����9�07� � s `71L�-,c.� f?�rrn�� Adopted by Council: Date ����13��?DD�' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nk �/iln�l „_.. ,���— DepartrnenUOffice/Council: Date Initiated: PE _Planning&Economic 09-DEG08 Green Sheet NO: 3065042 Development Conpct Person & Phone- � Deoartment Sent To Person 'ti VDate Stephanie Hawkinson y o lannin &ErnnomicDevelo me Src nauieaaw�dason )2{ 266-6585 1 lannin & Ecouomic Develo me De arhment D'vector Assign Z - Attorne Ci Attome Must Be on Council Agenda by (Date): Number 3 or's Office Ms or/Assistant For Routing 4 ouncil C' Comcil Doa Type: RESOLUTION Order 5 i Clerk CS Clerk E-DOCUment Required: Y . 9 � ����� DocumeM Contaet: Contad Phone: ���` I 1 �HRQS LU Total # of Signature Pages _(Clip All Loeations for Signature) Action Requested: � Approval to "catryforward" the City�s unused 2008 entitiement alloca6on (bonding authority) for the pucpose of yeaz 2008 qualified residential single fanuly and rental projecu. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following questions: Planning Commission 1. Has this persoNfirm everworked under a conlract for this deparlment? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does fhis person/Tirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): At the end of each yeaz, the State of Minnesota and the IRS require that the Ciry "carryforwazd" any portion of the City'sunused bonding enritlement allocation which can then be used in the following yeaz. This year's deadline is December 31, 2008. AdvanWgeslfApproved: Qualified ResidenGal Rental Bonds, Mortgage Revenue Bonds and MCCs can be issued during 2009 for the benefit of low or moderate income individuals. Disativantages If Approved: None. Disadvanlages If Not Approved: Up to $29,804,000 of bonding authority will be lost. Total Amount of $0.00 Trensaction: CosNRevenue Budgeted: Funding Source: N�A Activity Number: N�A Financial Information: (Explain) December 9, 2008 136 PM Page 1