Boulder City Council · Document
Attachment D - TEFRA Public Approval Cert
Regular Meeting, August 20, 2026 · item 3B: Consideration of a motion to approve Resolution 1385 authorizing the execution of a public approval certificate allowing the Housing Authori… · 2 pages
This is the text extracted from the file, without its layout, tables, or images. Use the original for anything that matters.
PUBLIC APPROVAL CERTIFICATE NOT TO EXCEED $23,000,000 HOUSING AUTHORITY OF THE CITY OF BOULDER, COLORADO, D/B/A BOULDER HOUSING PARTNERS MULTIFAMILY HOUSING REVENUE BONDS (HARVEST34 PROJECT) WHEREAS, the purpose of this approval certificate is to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) in order to qualify the interest of the Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners Multifamily Housing Revenue Bonds (Harvest34 Project) (the “Bonds”) for exclusion from provisions of the Code; and WHEREAS, officials of the Housing Authority of the City of Boulder, Colorado, d/b/a Boulder Housing Partners (the “Authority”), a body corporate and politic of the State of Colorado, have represented to the City Council of the City of Boulder, Colorado (the “City Council”) that the proceeds of the Bonds will be loaned to Harvest34 LLLP, a Colorado limited liability limited partnership (or any other affiliate or subsidiary created by the Authority and referred to herein as the “Borrower”), for the following plan of finance: (a) fund the acquisition, construction, equipping and placing in service of an approximately 44-unit multifamily housing project located at 3125 34th Street, in Boulder, CO 80301 known or to be known as Harvest34, or such other name as designated by the Borrower (“Harvest34”); (b) fund a reserve or capitalized interest fund, if any; and (c) pay certain costs of issuing the Bonds (collectively, the “Project”); and WHEREAS, Harvest34 will be owned, operated and principally used by the Borrower and will consist of the real property, improvements and equipment described above, which are all located within the City of Boulder, Colorado (the “City”); and WHEREAS, officials of the Authority have represented to the City Council that a public hearing on behalf of the Authority was held by such officials at 2:30 p.m., Mountain time on August 5, 2026 (the “Public Hearing”) after a Notice of Public Hearing was published for the Public Hearing on July 25, 2026 in the Boulder Daily Camera, as evidenced by the affidavit of publication attached hereto as Exhibit A; and WHEREAS, officials of the Authority have represented to the City Council that after a reasonable public notice was given, the Public Hearing was held and that no objections were raised with respect to the plan of finance, the proposed issuance of the Bonds or the financing of the Project; and WHEREAS, pursuant to a Resolution adopted by the City Council on August 20, 2026, the undersigned was authorized to sign this Public Approval Certificate on behalf of the City Council. NOW, THEREFORE, based upon all of the foregoing, ON BEHALF OF THE CITY COUNCIL, I HEREBY CERTIFY THAT: 1.
4909-4595-4491.2
The City Council is the highest elected legislative body of the City; and
2. The officials of the Authority have informed the City Council of the purpose for which the Bonds are proposed to be issued and the proceedings of the Public Hearing, and have informed the City Council that no objections were raised with respect to the plan of finance, the proposed issuance of the Bonds or the financing of the Project at the Public Hearing; and 3. On behalf of the City Council, I hereby ratify, acknowledge and approve the holding of a public hearing on the Bonds and the Project; and 4. For the sole purpose of qualifying the interest on the Bonds for exclusion from gross income of the owners thereof for federal income tax purposes pursuant to the applicable provisions of the Code, on behalf of the City Council, I hereby approve the plan of finance, the issuance of the Bonds in the principal amount of not to exceed $23,000,000 (together with a like amount of refunding bonds) and the financing of the Project on behalf of the Borrower. IN WITNESS WHEREOF, the undersigned has set his hand as of August __, 2026. CITY OF BOULDER, COLORADO
By Mayor of the City of Boulder, Colorado Attest:
By City Clerk on behalf of the Director of Finance and Records Approved as to form:
By City Attorney
2 4909-4595-4491.2