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File #: 25-204    Version: 1 Name: 2025 Private Activity Bond Carryforward
Type: Resolution Status: Agenda Ready
File created: 4/4/2025 In control: City Council
On agenda: 5/13/2025 Final action:
Title: A Resolution declaring the intent of the City of Colorado Springs, Colorado to issue revenue bonds in connection with financing residential facilities for low-and middle-income families or persons Presenter: Katie Sunderlin, Housing Solutions Manager, Housing & Homelessness Response Department Aimee Cox, Chief Housing and Homelessness Officer, Housing & Homelessness Response Department
Indexes: PAB
Attachments: 1. COS-2025 Inducement Resolution, 2. COS-2025 Notice to DOLA, 3. COS-2025 Opinion, 4. 2025 Private Activity Bond Carryforward

Title
A Resolution declaring the intent of the City of Colorado Springs, Colorado to issue revenue bonds in connection with financing residential facilities for low-and middle-income families or persons

  Presenter: 
Katie Sunderlin, Housing Solutions Manager, Housing & Homelessness Response Department

Aimee Cox, Chief Housing and Homelessness Officer, Housing & Homelessness Response Department

 

Body
  Summary:
The City’s 2025 Private Activity Bond (PAB) volume cap, as determined by the Colorado Department of Local Affairs, is $31,865,865. By September 15th of each year, the City must decide whether to issue bonds for a specific project or projects, assign the City’s volume cap to another government entity such as El Paso County (EPC), assign the City’s volume cap to another issuer such as the Colorado Housing Finance Authority (CHFA), or relinquish its volume cap to the statewide balance for use on other projects in Colorado.

 

PAB can be used for multiple purposes, some of which include construction or expansion of light manufacturing facilities, redevelopment of blighted areas, and capital projects for qualified non-profits. The Housing & Homelessness Response Department established a PAB working group made up of staff from the Finance Department, Economic Development, the Colorado Springs Airport and the City Attorney’s Office to circulate information about the City’s PAB volume cap and identify projects potentially qualifying for PAB financing.

 

The Department has been contacted by multiple developers interested in using PAB to finance qualified affordable multi-family rental developments. There have been no qualifying development requests for PAB for other purposes. Staff recommends carrying forward the City’s 2025 allocation of PAB to support the development of qualified low- and middle-income residential rental projects. PAB can be carried forward a maximum of three years.

 

  Background: 
PAB is one of many financing tools available to private developers. As a result, PAB use is sensitive to local market conditions such as the cost of conventional financing, the experience level and willingness of the developer to use PAB, ease of access to PAB funds and the overall volume cap of the issuer.

 

This item supports the City’s 2024-2028 strategic plan goal of implementing policies, fostering community partnerships, and securing sustainable funding to increase housing choices so that residents have options that are right for them. Furthermore, this item is supported by and implements PlanCOS Vibrant Neighborhoods Policy VN-2.A-3 pertaining to attainable housing and providing variety of housing types for various life stages and income levels.

 

  Previous Council Action:
August 28, 2018: City Council resolution 88-18 to ‘carry-forward’ 2018 allocation for the purpose of “…financing residential facilities for low- and moderate-income families or persons…”
August 13, 2019: City Council resolution 72-19 to carry-forward 2019 allocation for the purpose of “…financing residential facilities for low- and moderate-income families or persons…”
July 27, 2020: City Council Resolution 63-20 to carry-forward 2020 allocation for the purpose of ”...financing residential facilities for low- and moderate-income families or persons...”
August 24, 2021: City Council Resolution 114-21 to carry-forward 2021 allocation for the purpose of ”...financing residential facilities for low- and moderate-income families or persons...”
August 9, 2022: City Council Resolution 106-22 allocation for the purpose of ”...financing residential facilities for low- and moderate-income families or persons...”
August 22, 2023: City Council resolution 115-23 to ‘carry-forward’ 2023 allocation for the purpose of “…financing residential facilities for low- and moderate-income families or persons…”

August 13, 2024: City Council Resolution 101-24 “…to carry forward its 2024 allocation of private activity bonds for the purpose of constructing multi-family housing for low- and middle- income families or persons.”

 

  Financial Implications:
All expenses related to bond issuance are paid by the developer. These include legal fees and servicing costs of other third parties involved in the bond transaction. The City’s Administrative regulation establishes issuer fees for applications received prior to August 8, 2023 at 40 basis points of issuance with no ongoing compliance fee.

 

Applications received after this date are subject to an issuer fee of 120 basis points and an ongoing fee of 10 basis points. The Housing and Homelessness Response Department intends to use the City’s issuer fees to rebate eligible development expenses for affordable and attainable housing construction through the Department’s Fee Rebate Program and pay for a portion of one staff position.

 

  City Council Appointed Board/Commission/Committee Recommendation:
N/A

 

  Stakeholder Process:
The Chief Housing and Homelessness Response Officer and Housing Solutions Manager convened members of the PAB working group on March 14, 2025. Staff from Economic Development, Finance, the Colorado Springs Airport, and City Attorney’s Office were present to discuss potential uses for PAB. There were no industrial or light manufacturing projects identified as eligible for PAB financing.

 
Alternatives:
Local governments that fail to notify the State by September 15 of the intent to carry forward PAB automatically relinquish their allocation to the Statewide Balance.

 

Recommended Action
 
Proposed Motion:
Adopt the Resolution as presented.

 

Summary of Ordinance Language
N/A

 




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