District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0805 Compare Versions

OldNewDifferences
1- ENROLLED ORIGINAL
2-
3-
4-
5-
6-1
7-A RESOLUTION
8-
9-25-570
10-
11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12-
13-July 9, 2024
14-
15-
16-To authorize and provide for the issuance, sale, and delivery in an aggregate principal amount not to
17-exceed $3.25 million of District of Columbia revenue bonds in one or more series and to
18-authorize and provide for the loan of the proceeds of such bonds to assist Jubilee Housing,
19-Inc., in the financing, refinancing, or reimbursing of costs associated with an authorized
20-project pursuant to section 490 of the District of Columbia Home Rule Act.
21-
22- RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23-resolution may be cited as the “Jubilee Housing, Inc. – The Maycroft, Revenue Bonds Project
24-Approval Resolution of 2024”.
25-
26- Sec. 2. Definitions.
27- For the purpose of this resolution, the term:
28- (1) “Authorized Delegate” means the Mayor or the Deputy Mayor for Planning and
29-Economic Development, or any officer or employee of the Executive Office of the Mayor to whom
30-the Mayor has delegated or to whom the foregoing individuals have subdelegated any of the
31-Mayor’s functions under this resolution pursuant to section 422(6) of the Home Rule Act.
32- (2) “Bond Counsel” means a firm or firms of attorneys designated as bond counsel
33-from time to time by the Mayor.
34- (3) “Bonds” means the District of Columbia revenue bonds, notes, or other
35-obligations (including refunding bonds, notes, and other obligations), in one or more series,
36-authorized to be issued pursuant to this resolution.
37- (4) “Borrower” means the owner of the assets financed, refinanced, or reimbursed
38-with proceeds from the Bonds, which shall be Jubilee Housing, Inc., a nonprofit corporation
39-organized and existing under the laws of the District of Columbia, qualified to do business in the
40-District of Columbia, and exempt from federal income taxes under 26 U.S.C. § Section 501(a) as an
41-organization described in 26 U.S.C. § 501(c)(3).
42- (5) “Closing Documents” means all documents and agreements other than
43-Financing Documents that may be necessary and appropriate to issue, sell, and deliver the Bonds
44-and to make the Loan, and includes agreements, certificates, letters, opinions, forms, receipts, and
45-other similar instruments.
46- (6) “District” means the District of Columbia. ENROLLED ORIGINAL
47-
48-
1+MURIEL BOWSER
2+ MAYOR
3+May
4+13, 2024
5+The Honorable Phil Mendelson
6+Chairman
7+Council of the District of Columbia
8+1350 Pennsylvania Avenue, N.W.
9+Suite 504
10+Washington, DC 20001
11+Dear Chairman Mendelson:
12+Enclosed for consideration and adoption by the Council of the District of Columbia is a proposed
13+resolution entitled "Jubilee Housing, Inc .
14+– The Maycroft Revenue Bonds Project Approval
15+Resolution of 2024,” the “Resolution”.
16+The Resolution authorizes the issuance, sale, and
17+delivery of tax-exempt revenue bonds, notes, or
18+other obligations in an aggregate principal amount not to exceed $3,250,000. These bonds will
19+be used for the financing, refinancing, or reimbursing of costs incurred by Jubilee Housing, Inc.
20+for the project located at 1474 Columbia Road, N.W. in Ward 1.
21+In
22+accordance with Section 490 of the Home Rule Act, we have determined that the bonds,
23+when, as, and if issued, shall be without recourse to the District. The bonds shall not be general
24+obligations of the District; shall not be a pledge of or involve the full faith and credit or the
25+taxing power of the District; shall not constitute a debt of the District; and shall not constitute a
26+lending of public credit for private undertakings as prohibited in section 602 (a) (2) of the Home
27+Rule Act. The bonds shall not give rise to any pecuniary liability of the District and the District
28+shall have no obligation with respect to the purchase of the bonds.
29+I urge the Council to take prompt and favorable action on the measure.
30+Sincerely,
31+Muriel E. Bowser
32+Enclosures 1
33+2
34+3
35+4
36+5
37+6
38+7
39+8
40+9
41+10
42+11
43+12
44+13
45+14
46+~
47+Chairman Phil Mendelson
48+at the request
49+of the Mayor
50+A PROPOSED RESOLUTION
51+IN THE COUNCIL OF THE DISTRICT
52+OF COLUMBIA
53+15 To authorize and provide for the issuance, sale, and delivery in an aggregate principal amount not to
54+16 exceed $3.25 million of District of Columbia revenue bonds in one or more series and to
55+17 authorize and provide for the loan of the proceeds of such bonds to assist Jubilee
56+18 Housing, Inc., in the financing, refinancing, or reimbursing of costs associated with an
57+19 authorized project pursuant to section 490 of the District of Columbia Home Rule Act.
58+20
59+21 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
60+22 resolution may be cited as the "Jubilee Housing, Inc. -The Maycroft, Revenue Bonds Project
61+23 Approval Resolution of2024".
62+24 Sec.
63+2. Definitions.
64+25 For the purpose of this resolution, the term:
65+26 (1) "Authorized Delegate" means the Mayor or the Deputy Mayor for Planning and
66+27 Economic Development, or any officer or employee of the Executive Office of the Mayor to whom
67+28 the Mayor has delegated or to whom the foregoing individuals have subdelegated any of the
68+29 Mayor's functions under this resolution pursuant
69+to section 422(6) of the Home Rule Act.
70+30 (2) "Bond Counsel" means a firm or firms of attorneys designated as bond counsel
71+31 from time to time by the Mayor.
4972
5073
5174 2
52- (7) “Financing Documents” means the documents other than Closing Documents
53-that relate to the financing, refinancing, or reimbursement of transactions to be effected through the
54-issuance, sale, and delivery of the Bonds and the making of the Loan, including any offering
55-document, and any required supplements to any such documents.
56- (8) “Home Rule Act” means the District of Columbia Home Rule Act, approved
57-December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-201.01 et seq.).
58- (9) “Issuance Costs” means all fees, costs, charges, and expenses paid or incurred
59-in connection with the authorization, preparation, printing, issuance, sale, and delivery of the Bonds
60-and the making of the Loan, including, but not limited to, underwriting, legal, accounting, rating
61-agency, and all other fees, costs, charges, and expenses incurred in connection with the development
62-and implementation of the Financing Documents, the Closing Documents, and those other
63-documents necessary or appropriate in connection with the authorization, preparation, printing,
64-issuance, sale, marketing, and delivery of the Bonds and the making of the Loan, together with
65-financing fees, costs, and expenses, including program fees and administrative fees charged by the
66-District, fees paid to financial institutions and insurance companies, initial letter of credit fees (if
67-any), compensation to financial advisors and other persons (other than full-time employees of the
68-District) and entities performing services on behalf of or as agents for the District.
69- (10) “Loan” means the District’s lending of proceeds from the sale, in one or more
70-series, of the Bonds to the Borrower.
71-(11) “Project” means the financing, refinancing, or reimbursing of the Borrower for
72-all or a portion of the Borrower’s costs incurred in connection with the:
73- (A) Refinancing of certain indebtedness, the proceeds of which were
74-used to acquire, finance or refinance the costs of improvements to commercial rental space
75-including leasehold improvements of the Borrower’s facility located at 1474 Columbia Road,
76-NW, Units C-1, C-2 and C-3, Washington, DC (A&T Lots 2110, 2111 and 2112 in Square
77-2669) (“Facility”);
78-(B) Purchase of certain equipment and furnishings for the Facility,
79-together with other property, real and personal, functionally related and subordinate thereto;
80-(C) Funding any credit enhancement costs, liquidity costs, or debt service
81-reserve fund relating to the Bonds; and
82-(D) Funding of certain Issuance Costs.
83-
84- Sec. 3. Findings.
85- The Council finds that:
86-(1) Section 490 of the Home Rule Act provides that the Council may by resolution
87-authorize the issuance of District revenue bonds, notes, or other obligations (including refunding
88-bonds, notes, or other obligations) to borrow money to finance, refinance, or reimburse costs, and to
89-assist in the financing, refinancing, or reimbursing of the costs of undertakings in certain areas
90-designated in section 490 and may effect the financing, refinancing, or reimbursement by loans ENROLLED ORIGINAL
91-
92-
75+ (3) “Bonds” means the District of Columbia revenue bonds, notes, or other 1
76+obligations (including refunding bonds, notes, and other obligations), in one or more series, 2
77+authorized to be issued pursuant to this resolution. 3
78+ (4) “Borrower” means the owner of the assets financed, refinanced, or reimbursed 4
79+with proceeds from the Bonds, which shall be Jubilee Housing, Inc., a nonprofit corporation 5
80+organized and existing under the laws of the District of Columbia , qualified to do business in the 6
81+District of Columbia, and exempt from federal income taxes under 26 U.S.C. § Section 501(a) as an 7
82+organization described in 26 U.S.C. § 501(c)(3). 8
83+ (5) “Chairman” means the Chairman of the Council of the District of Columbia. 9
84+ (6) “Closing Documents” means all documents and agreements other than 10
85+Financing Documents that may be necessary and appropriate to issue, sell, and deliver the Bonds 11
86+and to make the Loan, and includes agreements, certificates, letters, opinions, forms, receipts, and 12
87+other similar instruments. 13
88+ (7) “District” means the District of Columbia. 14
89+ (8) “Financing Documents” means the documents other than Closing Documents 15
90+that relate to the financing, refinancing, or reimbursement of transactions to be effected through the 16
91+issuance, sale, and delivery of the Bonds and the making of the Loan, including any offering 17
92+document, and any required supplements to any such documents. 18
93+ (9) “Home Rule Act” means the District of Columbia Home Rule Act, approved 19
94+December 24, 1973 (87 Stat. 774; D.C. Official Code § 1- 201.01 et seq.). 20
95+ (10) “Issuance Costs” means all fees, costs, charges, and expenses paid or incurred 21
96+in connection with the authorization, preparation, printing, issuance, sale, and delivery of the Bonds 22
97+and the making of the Loan, including, but not limited to, underwriting, legal, accounting, rating 23
9398
9499
95100 3
96-made directly or indirectly to any individual or legal entity, by the purchase of any mortgage, note,
97-or other security, or by the purchase, lease, or sale of any property.
98-(2) The Borrower has requested the District to issue, sell, and deliver revenue bonds,
99-in one or more series, in an aggregate principal amount not to exceed $3.25 million and to make the
100-Loan for the purpose of financing, refinancing, or reimbursing costs of the Project.
101-(3) The Project is located in the District and will contribute to the health, education,
102-safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to the
103-economic development of the District.
104-(4) The Project is an undertaking in the area of commercial development within the
105-meaning of section 490 of the Home Rule Act.
106- (5) The authorization, issuance, sale, and delivery of the Bonds and the Loan to
107-the Borrower are desirable, are in the public interest, will promote the purpose and intent of
108-section 490 of the Home Rule Act, and will assist the Project.
109-
110- Sec. 4. Bond authorization.
111- (a) The Mayor is authorized pursuant to the Home Rule Act and this resolution to assist in
112-financing, refinancing, or reimbursing the costs of the Project by:
113- (1) The issuance, sale, and delivery of the Bonds, in one or more series, in an
114-aggregate principal amount not to exceed $3.25 million; and
115- (2) The making of the Loan.
116- (b) The Mayor is authorized to make the Loan to the Borrower for the purpose of financing,
117-refinancing, or reimbursing the costs of the Project and establishing any fund with respect to the
118-Bonds as required by the Financing Documents.
119- (c) The Mayor may charge a program fee to the Borrower, including, but not limited to, an
120-amount sufficient to cover costs and expenses incurred by the District in connection with the
121-issuance, sale, and delivery of each series of the Bonds, the District’s participation in the monitoring
122-of the use of the Bond proceeds and compliance with any public benefit agreements with the
123-District, and maintaining official records of each bond transaction and assisting in the redemption,
124-repurchase, and remarketing of the Bonds.
125- ( d) The Bond authorization set forth in this resolution includes the authorization to issue
126-refunding Bonds to refinance any Bonds previously issued under this resolution to finance the
127-Project; provided, that the maximum principal amount of Bonds outstanding at any time does not
128-exceed the maximum principal amount of Bonds authorized hereunder.
129-
130- Sec. 5. Bond details.
131- (a) The Mayor and each Authorized Delegate is authorized to take any action reasonably
132-necessary or appropriate in accordance with this resolution in connection with the preparation,
133-execution, issuance, sale, delivery, security for, and payment of the Bonds of each series, including, ENROLLED ORIGINAL
134-
135-
101+agency, and all other fees, costs, charges, and expenses incurred in connection with the development 1
102+and implementation of the Financing Documents, the Closing Documents, and those other 2
103+documents necessary or appropriate in connection with the authorization, preparation, printing, 3
104+issuance, sale, marketing, and delivery of the Bonds and the making of the Loan, together with 4
105+financing fees, costs, and expenses, including program fees and administrative fees charged by the 5
106+District, fees paid to financial institutions and insurance companies, initial letter of credit fees (if 6
107+any), compensation to financial advisors and other persons (other than full-time employees of the 7
108+District) and entities performing services on behalf of or as agents for the District. 8
109+ (11) “Loan” means the District’s lending of proceeds from the sale, in one or more 9
110+series, of the Bonds to the Borrower. 10
111+(12) “Project” means the financing, refinancing, or reimbursing of the Borrower for 11
112+all or a portion of the Borrower’s costs incurred in connection with: 12
113+ (A) (i) the refinancing of certain indebtedness, the proceeds of which 13
114+were used to acquire, finance or refinance the costs of improvements to commercial rental space 14
115+including leasehold improvements of the Applicant’s facility located at 1474 Columbia Road, 15
116+NW, Units C-1, C-2 and C-3, Washington, DC (A&T Lots 2110, 2111 and 2112 in Square 16
117+2669) (the “Facility”); (ii) the purchase of certain equipment and furnishings for the Facility, 17
118+together with other property, real and personal, functionally related and subordinate thereto; and 18
119+(iii) funding any credit enhancement costs, liquidity costs or debt service reserve fund relating to 19
120+the Bonds; and 20
121+ (B) the funding of certain Issuance Costs. 21
122+ Sec. 3. Findings. 22
123+ The Council finds that: 23
136124
137125
138126 4
139-but not limited to, determinations of:
140- (1) The final form, content, designation, and terms of the Bonds, including a
141-determination that the Bonds may be issued in certificated or book-entry form;
142- (2) The principal amount of the Bonds to be issued and denominations of the
143-Bonds;
144- (3) The rate or rates of interest or the method for determining the rate or rates of
145-interest on the Bonds;
146- (4) The date or dates of issuance, sale, and delivery of, and the payment of interest
147-on the Bonds, and the maturity date or dates of the Bonds;
148- (5) The terms under which the Bonds may be paid, optionally or mandatorily
149-redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before
150-their respective stated maturities;
151- (6) Provisions for the registration, transfer, and exchange of the Bonds and the
152-replacement of mutilated, lost, stolen, or destroyed Bonds;
153- (7) The creation of any reserve fund, sinking fund, or other fund with respect to the
154-Bonds;
155- (8) The time and place of payment of the Bonds;
156- (9) Procedures for monitoring the use of the proceeds received from the sale of the
157-Bonds to ensure that the proceeds are properly applied to the Project and used to accomplish the
158-purposes of the Home Rule Act and this resolution;
159- (10) Actions necessary to qualify the Bonds under blue sky laws of any jurisdiction
160-where the Bonds are marketed; and
161- (11) The terms and types of credit enhancement, if any, under which the Bonds may
162-be secured.
163- (b) The Bonds shall contain a legend, which shall provide that the Bonds are special
164-obligations of the District, are without recourse to the District, are not a pledge of, and do not
165-involve the faith and credit or the taxing power of the District, do not constitute a debt of the
166-District, and do not constitute lending of the public credit for private undertakings as prohibited in
167-section 602(a)(2) of the Home Rule Act.
168- (c) The Bonds shall be executed in the name of the District and on its behalf by the manual
169-or facsimile signature of the Mayor, and attested by the Secretary of the District of Columbia by the
170-Secretary of the District of Columbia’s manual or facsimile signature. The Mayor’s execution and
171-delivery of the Bonds shall constitute conclusive evidence of the Mayor’s approval, on behalf of the
172-District, of the final form and content of the Bonds.
173- (d) The official seal of the District, or a facsimile of it, shall be impressed, printed, or
174-otherwise reproduced on the Bonds.
175- (e) The Bonds of any series may be issued in accordance with the terms of a trust instrument
176-to be entered into by the District and a trustee to be selected by the Borrower subject to the approval
177-of the Mayor, and may be subject to the terms of one or more agreements entered into by the Mayor
178-pursuant to section 490(a)(4) of the Home Rule Act. ENROLLED ORIGINAL
179-
180-
127+(1) Section 490 of the Home Rule Act provides that the Council may by resolution 1
128+authorize the issuance of District revenue bonds, notes, or other obligations (including refunding 2
129+bonds, notes, or other obligations) to borrow money to finance, refinance, or reimburse costs, and to 3
130+assist in the financing, refinancing, or reimbursing of the costs of undertakings in certain areas 4
131+designated in section 490 and may e ffect the financing, refinancing, or reimbursement by loans 5
132+made directly or indirectly to any individual or legal entity, by the purchase of any mortgage, note, 6
133+or other security, or by the purchase, lease, or sale of any property. 7
134+(2) The Borrower has requested the District to issue, sell, and deliver revenue bonds, 8
135+in one or more series, in an aggregate principal amount not to exceed $3 .25 million and to make the 9
136+Loan for the purpose of financing, refinancing, or reimbursing costs of the Project. 10
137+(3) The Project is located in the District and will contribute to the health, education, 11
138+safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to the 12
139+economic development of the District. 13
140+(4) The Project is an undertaking in the area of commercial development within the 14
141+meaning of section 490 of the Home Rule Act. 15
142+ (5) The authorization, issuance, sale, and delivery of the Bonds and the Loan to 16
143+the Borrower are desirable, are in the public interest, will promote the purpose and intent of 17
144+section 490 of the Home Rule Act, and will assist the Project. 18
145+ Sec. 4. Bond authorization. 19
146+ (a) The Mayor is authorized pursuant to the Home Rule Act and this resolution to assist in 20
147+financing, refinancing, or reimbursing the costs of the Project by: 21
148+ (1) The issuance, sale, and delivery of the Bonds, in one or more series, in an 22
149+aggregate principal amount not to exceed $3.25 million; and 23
181150
182151
183152 5
184- (f) The Bonds may be issued at any time or from time to time in one or more issues and in
185-one or more series.
186-
187- Sec. 6. Sale of the Bonds.
188- (a) The Bonds of any series may be sold at negotiated or competitive sale at, above, or
189-below par, to one or more persons or entities, and upon terms that the Mayor considers to be in the
190-best interest of the District.
191- (b) The Mayor or an Authorized Delegate may execute, in connection with each sale of the
192-Bonds, offering documents on behalf of the District, may deem final any such offering document on
193-behalf of the District for purposes of compliance with federal laws and regulations governing such
194-matters and may authorize the distribution of the documents in connection with the sale of the
195-Bonds.
196- (c) The Mayor is authorized to deliver the executed and sealed Bonds, on behalf of the
197-District, for authentication, and, after the Bonds have been authenticated, to deliver the Bonds to the
198-original purchasers of the Bonds upon payment of the purchase price.
199- (d) The Bonds shall not be issued until the Mayor receives an approving opinion from Bond
200-Counsel as to the validity of the Bonds of such series and, if the interest on the Bonds is expected to
201-be exempt from federal income taxation, the treatment of the interest on the Bonds for purposes of
202-federal income taxation.
203-
204- Sec. 7. Payment and security.
205- (a) The principal of, premium, if any, and interest on, the Bonds shall be payable solely from
206-proceeds received from the sale of the Bonds, income realized from the temporary investment of
207-those proceeds, receipts and revenues realized by the District from the Loan, income realized from
208-the temporary investment of those receipts and revenues prior to payment to the Bond owners, other
209-moneys that, as provided in the Financing Documents, may be made available to the District for the
210-payment of the Bonds, and other sources of payment (other than from the District), all as provided
211-for in the Financing Documents.
212- (b) Payment of the Bonds shall be secured as provided in the Financing Documents and by
213-an assignment by the District for the benefit of the Bond owners of certain of its rights under the
214-Financing Documents and Closing Documents, including a security interest in certain collateral, if
215-any, to the trustee for the Bonds pursuant to the Financing Documents.
216- (c) The trustee is authorized to deposit, invest, and disburse the proceeds received from the
217-sale of the Bonds pursuant to the Financing Documents.
218-
219- Sec. 8. Financing and Closing Documents.
220- (a) The Mayor is authorized to prescribe the final form and content of all Financing
221-Documents and all Closing Documents to which the District is a party that may be necessary or
222-appropriate to issue, sell, and deliver the Bonds and to make the Loan to the Borrower. Each of the ENROLLED ORIGINAL
223-
224-
153+ (2) The making of the Loan. 1
154+ (b) The Mayor is authorized to make the Loan to the Borrower for the purpose of financing, 2
155+refinancing, or reimbursing the costs of the Project and establishing any fund with respect to the 3
156+Bonds as required by the Financing Documents. 4
157+ (c) The Mayor may charge a program fee to the Borrower, including, but not limited to, an 5
158+amount sufficient to cover costs and expenses incurred by the District in connection with the 6
159+issuance, sale, and delivery of each series of the Bonds, the District’s participation in the monitoring 7
160+of the use of the Bond proceeds and compliance with any public benefit agreements with the 8
161+District, and maintaining official records of each bond transaction and assisting in the redemption, 9
162+repurchase, and remarketing of the Bonds. 10
163+ ( d) The Bond authorization set forth in this resolution includes the authorization to issue 11
164+refunding Bonds to refinance any Bonds previously issued under this resolution to finance the 12
165+Project; provided, that the maximum principal amount of Bonds outstanding at any time does not 13
166+exceed the maximum principal amount of Bonds authorized hereunder. 14
167+ Sec. 5. Bond details. 15
168+ (a) The Mayor and each Authorized Delegate is authorized to take any action reasonably 16
169+necessary or appropriate in accordance with this resolution in connection with the preparation, 17
170+execution, issuance, sale, delivery, security for, and payment of the Bonds of each series, including, 18
171+but not limited to, determinations of: 19
172+ (1) The final form, content, designation, and terms of the Bonds, including a 20
173+determination that the Bonds may be issued in certificated or book- entry form; 21
174+ (2) The principal amount of the Bonds to be issued and denominations of the 22
175+Bonds; 23
225176
226177
227178 6
228-Financing Documents and each of the Closing Documents to which the District is not a party shall
229-be approved, as to form and content, by the Mayor.
230- (b) The Mayor is authorized to execute, in the name of the District and on its behalf, the
231-Financing Documents and any Closing Documents to which the District is a party by the Mayor’s
232-manual or facsimile signature.
233- (c) If required, the official seal of the District, or a facsimile of it, shall be impressed,
234-printed, or otherwise reproduced on the Financing Documents and the Closing Documents to which
235-the District is a party.
236- (d) The Mayor’s execution and delivery of the Financing Documents and the Closing
237-Documents to which the District is a party shall constitute conclusive evidence of the Mayor’s
238-approval, on behalf of the District, of the final form and content of said executed Financing
239-Documents and said executed Closing Documents.
240- (e) The Mayor is authorized to deliver the executed and sealed Financing Documents and
241-Closing Documents, on behalf of the District, prior to or simultaneously with the issuance, sale, and
242-delivery of the Bonds, and to ensure the due performance of the obligations of the District contained
243-in the executed, sealed, and delivered Financing Documents and Closing Documents.
244-
245- Sec. 9. Authorized delegation of authority.
246- To the extent permitted by District and federal laws, the Mayor may delegate to any
247-Authorized Delegate the performance of any function authorized to be performed by the Mayor
248-under this resolution.
249-
250- Sec. 10. Limited liability.
251- (a) The Bonds shall be special obligations of the District. The Bonds shall be without
252-recourse to the District. The Bonds shall not be general obligations of the District, shall not be a
253-pledge of or involve the faith and credit or the taxing power of the District, shall not constitute a
254-debt of the District, and shall not constitute lending of the public credit for private undertakings as
255-prohibited in section 602(a)(2) of the Home Rule Act.
256- (b) The Bonds shall not give rise to any pecuniary liability of the District and the District
257-shall have no obligation with respect to the purchase of the Bonds.
258- (c) Nothing contained in the Bonds, in the Financing Documents, or in the Closing
259-Documents shall create an obligation on the part of the District to make payments with respect to
260-the Bonds from sources other than those listed for that purpose in section 7.
261- (d) The District shall have no liability for the payment of any Issuance Costs or for any
262-transaction or event to be effected by the Financing Documents.
263- (e) All covenants, obligations, and agreements of the District contained in this resolution,
264-the Bonds, and the executed, sealed, and delivered Financing Documents and Closing Documents to
265-which the District is a party, shall be considered to be the covenants, obligations, and agreements of
266-the District to the fullest extent authorized by law, and each of those covenants, obligations, and
267-agreements shall be binding upon the District, subject to the limitations set forth in this resolution. ENROLLED ORIGINAL
268-
269-
179+ (3) The rate or rates of interest or the method for determining the rate or rates of 1
180+interest on the Bonds; 2
181+ (4) The date or dates of issuance, sale, and delivery of, and the payment of interest 3
182+on the Bonds, and the maturity date or dates of the Bonds; 4
183+ (5) The terms under which the Bonds may be paid, optionally or mandatorily 5
184+redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before 6
185+their respective stated maturities; 7
186+ (6) Provisions for the registration, transfer, and exchange of the Bonds and the 8
187+replacement of mutilated, lost, stolen, or destroyed Bonds; 9
188+ (7) The creation of any reserve fund, sinking fund, or other fund with respect to the 10
189+Bonds; 11
190+ (8) The time and place of payment of the Bonds; 12
191+ (9) Procedures for monitoring the use of the proceeds received from the sale of the 13
192+Bonds to ensure that the proceeds are properly applied to the Project and used to accomplish the 14
193+purposes of the Home Rule Act and this resolution; 15
194+ (10) Actions necessary to qualify the Bonds under blue sky laws of any jurisdiction 16
195+where the Bonds are marketed; and 17
196+ (11) The terms and types of credit enhancement, if any, under which the Bonds may 18
197+be secured. 19
198+ (b) The Bonds shall contain a legend, which shall provide that the Bonds are special 20
199+obligations of the District, are without recourse to the District, are not a pledge of, and do not 21
200+involve the faith and credit or the taxing power of the District, do not constitute a debt of the 22
270201
271202
272203 7
273- (f) No person, including, but not limited to, the Borrower and any Bond owner, shall have
274-any claims against the District or any of its elected or appointed officials, officers, employees, or
275-agents for monetary damages suffered as a result of the failure of the District or any of its elected or
276-appointed officials, officers, employees, or agents to perform any covenant, undertaking, or
277-obligation under this resolution, the Bonds, the Financing Documents, or the Closing Documents, or
278-as a result of the incorrectness of any representation in or omission from the Financing Documents
279-or the Closing Documents, unless the District or its elected or appointed officials, officers,
280-employees, or agents have acted in a willful and fraudulent manner.
281-
282- Sec. 11. District officials.
283- (a) Except as otherwise provided in section 10(f), the elected or appointed officials, officers,
284-employees, or agents of the District shall not be liable personally for the payment of the Bonds or be
285-subject to any personal liability by reason of the issuance, sale or delivery of the Bonds, or for any
286-representations, warranties, covenants, obligations, or agreements of the District contained in this
287-resolution, the Bonds, the Financing Documents, or the Closing Documents.
288- (b) The signature, countersignature, facsimile signature, or facsimile countersignature of
289-any official appearing on the Bonds, the Financing Documents, or the Closing Documents shall
290-be valid and sufficient for all purposes notwithstanding the fact that the individual signatory
291-ceases to hold that office before delivery of the Bonds, the Financing Documents, or the Closing
292-Documents.
293-
294- Sec. 12. Maintenance of documents.
295- Copies of the specimen Bonds and of the final Financing Documents and Closing
296-Documents shall be filed in the Office of the Secretary of the District of Columbia.
297-
298- Sec. 13. Information reporting.
299- Within 3 days after the Mayor’s receipt of the transcript of proceedings relating to the
300-issuance of the Bonds, the Mayor shall transmit a copy of the transcript to the Secretary to the
301-Council.
302-
303- Sec. 14. Disclaimer.
304- (a) The issuance of Bonds is in the discretion of the District. Nothing contained in this
305-resolution, the Bonds, the Financing Documents, or the Closing Documents shall be construed as
306-obligating the District to issue any Bonds for the benefit of the Borrower or to participate in or assist
307-the Borrower in any way with financing, refinancing, or reimbursing the costs of the Project. The
308-Borrower shall have no claims for damages or for any other legal or equitable relief against the
309-District, its elected or appointed officials, officers, employees, or agents as a consequence of any
310-failure to issue any Bonds for the benefit of the Borrower.
311- (b) The District reserves the right to issue the Bonds in the order or priority it determines in
312-its sole and absolute discretion. The District gives no assurance and makes no representations that ENROLLED ORIGINAL
313-
314-
204+District, and do not constitute lending of the public credit for private undertakings as prohibited in 1
205+section 602(a)(2) of the Home Rule Act. 2
206+ (c) The Bonds shall be executed in the name of the District and on its behalf by the manual 3
207+or facsimile signature of the Mayor, and attested by the Secretary of State of the District of 4
208+Columbia by the Secretary of State of the District of Columbia’s manual or facsimile signature. The 5
209+Mayor’s execution and delivery of the Bonds shall constitute conclusive evidence of the Mayor’s 6
210+approval, on behalf of the District, of the final form and content of the Bonds. 7
211+ (d) The official seal of the District, or a facsimile of it, shall be impressed, printed, or 8
212+otherwise reproduced on the Bonds. 9
213+ (e) The Bonds of any series may be issued in accordance with the terms of a trust instrument 10
214+to be entered into by the District and a trustee to be selected by the Borrower subject to the approval 11
215+of the Mayor, and may be subject to the terms of one or more agreements entered into by the Mayor 12
216+pursuant to section 490(a)(4) of the Home Rule Act. 13
217+ (f) The Bonds may be issued at any time or from time to time in one or more issues and in 14
218+one or more series. 15
219+ Sec. 6. Sale of the Bonds. 16
220+ (a) The Bonds of any series may be sold at negotiated or competitive sale at, above, or 17
221+below par, to one or more persons or entities, and upon terms that the Mayor considers to be in the 18
222+best interest of the District. 19
223+ (b) The Mayor or an Authorized Delegate may execute, in connection with each sale of the 20
224+Bonds, offering documents on behalf of the District, may deem final any such offering document on 21
225+behalf of the District for purposes of compliance with federal laws and regulations governing such 22
315226
316227
317228 8
318-any portion of any limited amount of bonds or other obligations, the interest on which is excludable
319-from gross income for federal income tax purposes, will be reserved or will be available at the time
320-of the proposed issuance of the Bonds.
321- (c) The District, by adopting this resolution or by taking any other action in connection with
322-financing, refinancing, or reimbursing costs of the Project, does not provide any assurance that the
323-Project is viable or sound, that the Borrower is financially sound, or that amounts owing on the
324-Bonds or pursuant to the Loan will be paid. Neither the Borrower, any purchaser of the Bonds, nor
325-any other person shall rely upon the District with respect to these matters.
326-
327- Sec. 15. Expiration.
328- If any Bonds are not issued, sold, and delivered to the original purchaser within 3 years of
329-the date of this resolution, the authorization provided in this resolution with respect to the issuance,
330-sale, and delivery of the Bonds shall expire.
331-
332- Sec. 16. Severability.
333- If any particular provision of this resolution or the application thereof to any person or
334-circumstance is held invalid, the remainder of this resolution and the application of such provision
335-to other persons or circumstances shall not be affected thereby. If any action or inaction
336-contemplated under this resolution is determined to be contrary to the requirements of applicable
337-law, such action or inaction shall not be necessary for the purpose of issuing of the Bonds, and the
338-validity of the Bonds shall not be adversely affected.
339-
340- Sec. 17. Compliance with public approval requirement.
341- This approval shall constitute the approval of the Council as required in section 147(f) of the
342-Internal Revenue Code of 1986, as amended (“Code”), and section 490(k) of the Home Rule Act,
343-for the Project to be financed, refinanced, or reimbursed with the proceeds of the Bonds. This
344-resolution approving the issuance of the Bonds for the Project has been adopted by the Council after
345-a public hearing held in accordance with section 147(f) of the Code, as such section may be
346-amended, and the corresponding regulations promulgated by the United States Department of the
347-Treasury.
348-
349- Sec. 18. Transmittal.
350- The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor.
351-
352- Sec. 19. Fiscal impact statement.
353- The Council adopts the fiscal impact statement in the committee report as the fiscal impact
354-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
355-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
356-
357- ENROLLED ORIGINAL
358-
359-
229+matters and may authorize the distribution of the documents in connection with the sale of the 1
230+Bonds. 2
231+ (c) The Mayor is authorized to deliver the executed and sealed Bonds, on behalf of the 3
232+District, for authentication, and, after the Bonds have been authenticated, to deliver the Bonds to the 4
233+original purchasers of the Bonds upon payment of the purchase price. 5
234+ (d) The Bonds shall not be issued until the Mayor receives an approving opinion from Bond 6
235+Counsel as to the validity of the Bonds of such series and, if the interest on the Bonds is expected to 7
236+be exempt from federal income taxation, the treatment of the interest on the Bonds for purposes of 8
237+federal income taxation. 9
238+ Sec. 7. Payment and security. 10
239+ (a) The principal of, premium, if any, and interest on, the Bonds shall be payable solely from 11
240+proceeds received from the sale of the Bonds, income realized from the temporary investment of 12
241+those proceeds, receipts and revenues realized by the District from the Loan, income realized from 13
242+the temporary investment of those receipts and revenues prior to payment to the Bond owners, other 14
243+moneys that, as provided in the Financing Documents, may be made available to the District for the 15
244+payment of the Bonds, and other sources of payment (other than from the District), all as provided 16
245+for in the Financing Documents. 17
246+ (b) Payment of the Bonds shall be secured as provided in the Financing Documents and by 18
247+an assignment by the District for the benefit of the Bond owners of certain of its rights under the 19
248+Financing Documents and Closing Documents, including a security interest in certain collateral, if 20
249+any, to the trustee for the Bonds pursuant to the Financing Documents. 21
250+ (c) The trustee is authorized to deposit, invest, and disburse the proceeds received from the 22
251+sale of the Bonds pursuant to the Financing Documents. 23
360252
361253
362254 9
363- Sec. 20. Effective date.
364- This resolution shall take effect immediately.
255+ Sec. 8. Financing and Closing Documents. 1
256+ (a) The Mayor is authorized to prescribe the final form and content of all Financing 2
257+Documents and all Closing Documents to which the District is a party that may be necessary or 3
258+appropriate to issue, sell, and deliver the Bonds and to make the Loan to the Borrower. Each of the 4
259+Financing Documents and each of the Closing Documents to which the District is not a party shall 5
260+be approved, as to form and content, by the Mayor. 6
261+ (b) The Mayor is authorized to execute, in the name of the District and on its behalf, the 7
262+Financing Documents and any Closing Documents to which the District is a party by the Mayor’s 8
263+manual or facsimile signature. 9
264+ (c) If required, the official seal of the District, or a facsimile of it, shall be impressed, 10
265+printed, or otherwise reproduced on the Financing Documents and the Closing Documents to which 11
266+the District is a party. 12
267+ (d) The Mayor’s execution and delivery of the Financing Documents and the Closing 13
268+Documents to which the District is a party shall constitute conclusive evidence of the Mayor’s 14
269+approval, on behalf of the District, of the final form and content of said executed Financing 15
270+Documents and said executed Closing Documents. 16
271+ (e) The Mayor is authorized to deliver the executed and sealed Financing Documents and 17
272+Closing Documents, on behalf of the District, prior to or simultaneously with the issuance, sale, and 18
273+delivery of the Bonds, and to ensure the due performance of the obligations of the District contained 19
274+in the executed, sealed, and delivered Financing Documents and Closing Documents. 20
275+ Sec. 9. Authorized delegation of authority. 21
276+
277+
278+10
279+ To the extent permitted by District and federal laws, the Mayor may delegate to any 1
280+Authorized Delegate the performance of any function authorized to be performed by the Mayor 2
281+under this resolution. 3
282+ Sec. 10. Limited liability. 4
283+ (a) The Bonds shall be special obligations of the District. The Bonds shall be without 5
284+recourse to the District. The Bonds shall not be general obligations of the District, shall not be a 6
285+pledge of or involve the faith and credit or the taxing power of the District, shall not constitute a 7
286+debt of the District, and shall not constitute lending of the public credit for private undertakings as 8
287+prohibited in section 602(a)(2) of the Home Rule Act. 9
288+ (b) The Bonds shall not give rise to any pecuniary liability of the District and the District 10
289+shall have no obligation with respect to the purchase of the Bonds. 11
290+ (c) Nothing contained in the Bonds, in the Financing Documents, or in the Closing 12
291+Documents shall create an obligation on the part of the District to make payments with respect to 13
292+the Bonds from sources other than those listed for that purpose in section 7. 14
293+ (d) The District shall have no liability for the payment of any Issuance Costs or for any 15
294+transaction or event to be effected by the Financing Documents. 16
295+ (e) All covenants, obligations, and agreements of the District contained in this resolution, 17
296+the Bonds, and the executed, sealed, and delivered Financing Documents and Closing Documents to 18
297+which the District is a party, shall be considered to be the covenants, obligations, and agreements of 19
298+the District to the fullest extent authorized by law, and each of those covenants, obligations, and 20
299+agreements shall be binding upon the District, subject to the limitations set forth in this resolution. 21
300+ (f) No person, including, but not limited to, the Borrower and any Bond owner, shall have 22
301+any claims against the District or any of its elected or appointed officials, officers, employees, or 23
302+
303+
304+11
305+agents for monetary damages suffered as a result of the failure of the District or any of its elected or 1
306+appointed officials, officers, employees, or agents to perform any covenant, undertaking, or 2
307+obligation under this resolution, the Bonds, the Financing Documents, or the Closing Documents, or 3
308+as a result of the incorrectness of any representation in or omission from the Financing Documents 4
309+or the Closing Documents, unless the District or its elected or appointed officials, officers, 5
310+employees, or agents have acted in a willful and fraudulent manner. 6
311+ Sec. 11. District officials. 7
312+ (a) Except as otherwise provided in section 10(f), the elected or appointed officials, officers, 8
313+employees, or agents of the District shall not be liable personally for the payment of the Bonds or be 9
314+subject to any personal liability by reason of the issuance, sale or delivery of the Bonds, or for any 10
315+representations, warranties, covenants, obligations, or agreements of the District contained in this 11
316+resolution, the Bonds, the Financing Documents, or the Closing Documents. 12
317+ (b) The signature, countersignature, facsimile signature, or facsimile countersignature of 13
318+any official appearing on the Bonds, the Financing Documents, or the Closing Documents shall 14
319+be valid and sufficient for all purposes notwithstanding the fact that the individual signatory 15
320+ceases to hold that office before delivery of the Bonds, the Financing Documents, or the Closing 16
321+Documents. 17
322+ Sec. 12. Maintenance of documents. 18
323+ Copies of the specimen Bonds and of the final Financing Documents and Closing 19
324+Documents shall be filed in the Office of the Secretary of State of the District of Columbia. 20
325+ Sec. 13. Information reporting. 21
326+
327+
328+12
329+ Within 3 days after the Mayor’s receipt of the transcript of proceedings relating to the 1
330+issuance of the Bonds, the Mayor shall transmit a copy of the transcript to the Secretary to the 2
331+Council. 3
332+ Sec. 14. Disclaimer. 4
333+ (a) The issuance of Bonds is in the discretion of the District. Nothing contained in this 5
334+resolution, the Bonds, the Financing Documents, or the Closing Documents shall be construed as 6
335+obligating the District to issue any Bonds for the benefit of the Borrower or to participate in or assist 7
336+the Borrower in any way with financing, refinancing, or reimbursing the costs of the Project. The 8
337+Borrower shall have no claims for damages or for any other legal or equitable relief against the 9
338+District, its elected or appointed officials, officers, employees, or agents as a consequence of any 10
339+failure to issue any Bonds for the benefit of the Borrower. 11
340+ (b) The District reserves the right to issue the Bonds in the order or priority it determines in 12
341+its sole and absolute discretion. The District gives no assurance and makes no representations that 13
342+any portion of any limited amount of bonds or other obligations, the interest on which is excludable 14
343+from gross income for federal income tax purposes, will be reserved or will be available at the time 15
344+of the proposed issuance of the Bonds. 16
345+ (c) The District, by adopting this resolution or by taking any other action in connection with 17
346+financing, refinancing, or reimbursing costs of the Project, does not provide any assurance that the 18
347+Project is viable or sound, that the Borrower is financially sound, or that amounts owing on the 19
348+Bonds or pursuant to the Loan will be paid. Neither the Borrower, any purchaser of the Bonds, nor 20
349+any other person shall rely upon the District with respect to these matters. 21
350+
351+
352+13
353+ Sec. 15. Expiration. 1
354+ If any Bonds are not issued, sold, and delivered to the original purchaser within 3 years of 2
355+the date of this resolution, the authorization provided in this resolution with respect to the issuance, 3
356+sale, and delivery of the Bonds shall expire. 4
357+ Sec. 16. Severability. 5
358+ If any particular provision of this resolution or the application thereof to any person or 6
359+circumstance is held invalid, the remainder of this resolution and the application of such provision 7
360+to other persons or circumstances shall not be affected thereby. If any action or inaction 8
361+contemplated under this resolution is determined to be contrary to the requirements of applicable 9
362+law, such action or inaction shall not be necessary for the purpose of issuing of the Bonds, and the 10
363+validity of the Bonds shall not be adversely affected. 11
364+ Sec. 17. Compliance with public approval requirement. 12
365+ This approval shall constitute the approval of the Council as required in section 147(f) of the 13
366+Internal Revenue Code of 1986, as amended, and section 490(k) of the Home Rule Act, for the 14
367+Project to be financed, refinanced, or reimbursed with the proceeds of the Bonds. This resolution 15
368+approving the issuance of the Bonds for the Project has been adopted by the Council after a public 16
369+hearing held in accordance with section 147(f) of the Code, as such section may be amended, and 17
370+the corresponding regulations promulgated by the United States Department of the Treasury. 18
371+ Sec. 18. Transmittal. 19
372+ The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor. 20
373+
374+
375+14
376+ Sec. 19. Fiscal impact statement. 1
377+ The Council adopts the fiscal impact statement in the committee report as the fiscal impact 2
378+statement required by section 4a of the General Legislative Procedures Act of 1975, approved 3
379+October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 4
380+ Sec. 20. Effective date. 5
381+ This resolution shall take effect immediately. 6 Jubilee Housing, Inc. – The Maycroft
382+Revenue Bond Project
383+
384+FACT SHEET
385+
386+Jubilee Housing, Inc. has requested that the District issue tax-exempt revenue bonds in an
387+aggregate principal amount not to exceed $3.25 million to refinance costs of their office space
388+located at 1474 Columbia Road, NW, Washington, DC in Ward 1.
389+
390+
391+The Applicant
392+ Jubilee Housing, Inc. (Jubilee) is an organization that safeguards the long- term affordability of
393+housing in the Adams Morgan, Columbia Heights, and Mount Pleasant neighborhoods while
394+providing programs and services that support family success. Jubilee currently owns and
395+operates 13 buildings with 464 residential units and 20,000 square feet of program space.
396+
397+Jubilee currently serves a diverse community of over 1,000 people, made up of individuals, families, children, seniors, formerly homeless, and returning citizens recently released from
398+incarceration. Approximately 900 people are current residents of properties that Jubilee owns and
399+operates.
400+
401+Proposed Project
402+ Jubilee Housing is seeking a $3.25 million revenue bond issuance to refinance existing debt on
403+office space it owns at 1474 Columbia Road, NW, in the Columbia Heights neighborhood of
404+Washington, DC. No renovations are currently needed on the property.
405+
406+Proceeds from the proposed bond issuance will be used to finance, refinance, or reimburse
407+Jubilee for all or a portion of the costs incurred in connection with:
408+(A) improvements, including leasehold improvements, of Jubilee’s facility located at 1474
409+Columbia Road, NW, (the “Facility”);
410+(B) the purchase of certain equipment and furnishings for the Facility, together with other
411+property, real and personal, functionally related and subordinate thereto;
412+(C) funding any credit enhancement costs, liquidity costs or debt service reserve fund relating
413+to the bonds; and
414+(D) funding certain bond issuance costs.
415+
416+Financing Plan
417+ A summary of the proposed sources and uses of funds is attached (see Table 1).
418+Feasibility/Structure/Security of the Bonds
419+
420+United Bank, the underwriter for this transaction, has deemed this transaction financially feasible
421+based on its assessment and analysis .
422+
423+Public Purpose Benefits
424+
425+The Jubilee Housing transaction will help minimize the office space cost for the
426+organization. This will allow the Jubilee team to continue to assist District residents with
427+affordable housing and social services.
428+
429+Legal and Regulatory Affairs
430+
431+The law firm of Tiber Hudson, bond counsel to the DC R evenue Bond Program, has
432+preliminarily determined that the applicant is a 501(c)(3) organization, and the project constitutes
433+a permissible undertaking under Section 490(a)(1) of the District of Columbia Home Rule Act.
434+
435+Based on the foregoing, OAG, Bond Counsel, and the IRB have determined that the proposed
436+project complies with criteria for approval of a proposed financing through the District’s
437+Revenue Bond Program, and that the proposed project will allow the Jubilee to continue to
438+provide affordable housing social services the District Washington, DC. TABLE 1
439+FINANCING PLAN
440+
441+
442+SOURCES
443+Bond Proceeds $3,250,000
444+USES
445+Project Costs
446+New Construction —
447+Refinance/Refunding
448+ $3,020,347
449+Costs of Issuance:
450+
451+Underwriter/Placement Fee
452+$11,375
453+IRB Program Fee
454+$8,125
455+United Bank Legal
456+$15,000
457+Equity Plus Financing Fee
458+$32,500
459+Borrower’s Counsel Fee
460+$15,000
461+Other Counsels’ Fee
462+$15,000
463+Contingency
464+$132,653
465+
466+TOTAL: $3,250,000
467+ GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
468+OfficeoftheAttorneyGeneral
469+xk *
470+CommercialDivision =
471+‘TaxandFinanceSection a
472+‘MEMORANDUM
473+TO: WilliamLiggins,Director
474+D.C.RevenueBond-EnterpriseZoneProgram
475+OfficeoftheDeputyMayorforPlanning
476+andEconomicDevelopment
477+FROM:AndreaR.Littlejohn’?&
478+SeniorAssistantAttorneyGeneral
479+DATE: March20,2024
480+SUBJECT:LegalSufficiencyReview:JubileeHousing,Inc.~TheMaycroft,Revenue
481+BondsProjectApprovalResolutionof2024
482+“Thisrespondstoarequestfromyourofficetoreviewforlegalsufficiencytheattacheddraftofthe
483+above-referencedproposedresolution.Forpurposesofthisreview,thisOfficepremisesits
484+conclusionontheassumptionthatyourofficehasdeterminedthattheBorrowerasdefinedinthe
485+aforementionedresolutionisa“qualifiedapplicant”withinthemeaningofSection490ofthe
486+DistrictofColumbiaHomeRuleAct.
487+Areviewoftheattacheddraftoftheabove-referencedproposedresolutionindicatesthatthedraft
488+proposedresolutionconformswiththeModelRevenueBondResolutionjointlydraftedand
489+determinedtobelegallysufficientbytheGeneralCounseloftheCouncil,theOfficeoftheAttomey
490+General,andtheDistrict'sbondcounsel.Accordingly,wefindtheattacheddraftoftheabove-
491+referencedproposedresolutionlegallysufficient.
492+Pleasecontactmeat724-7761ifyouhavefurtherquestionsorconcerns.
493+Attachment:JubileeHousing,Inc.~TheMaycroft,RevenueBondsProjectApproval
494+Resolutionof2024
495+ARLarl
496+
497+400SixthStreet,N.W.,Suite9100,Washington,DC20001Tel.:(202)724-7761Fax:(202)730-0486