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HomeMy WebLinkAboutRESOLUTIONS-2011-023-R-113/29/2011 23-R-11 A RESOLUTION Reserving $7,396,415 of the City's Bond Volume Cap Allocation for the Year 2011 for Single -Family Housing and the Industrial/Commercial Revenue Bond Program WHEREAS, the City of Evanston, Cook County, Illinois, (the "City") is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, there exists within the borders of the City a recognized need for decent, safe, sanitary, well -constructed and maintained housing which persons of low and moderate income can afford; and WHEREAS, there exists the need to aid in financing the cost of economic �• development projects in order to relieve conditions of unemployment and to encourage an increase in commerce and industry within the City, thereby reducing unemployment and providing for the increased welfare and prosperity of the residents; and WHEREAS, the United States Government has authorized several states and their political subdivisions to issue qualified mortgage bonds ("Bonds") as defined in Section 143(a) of the Internal Revenue Code of 1986, as amended, (the "Code"); and WHEREAS, on January 1, 2011, the Office of the Governor of the State of Illinois issued the State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 301LCS 345, attached hereto as Exhibit A and incorporated herein by reference, in order to provide below -market interest -rate loans to qualifying individuals and/or to • issue mortgage credit certificates ("Certificates") pursuant to Section 25 of the Code 23-R-11 in lieu of Bonds, thereby entitling qualified individuals to a credit against their federal 0 income tax; and WHEREAS, the City of Evanston desires to consider establishing and implementing a 2011 Industrial/Commercial Revenue Bond or Mortgage Revenue Bond with the allocation of its 2011 Bond Volume Cap as defined in Section 146 of the Code (the "Volume Cap") in the approximate amount of seven million, three hundred ninety- six thousand, four hundred fifteen dollars ($7,396,415); and WHEREAS, the City Council of the City of Evanston hereby proclaims the intent of the City to allocate seven million, three hundred ninety-six thousand, four hundred fifteen dollars ($7,396,415) of the City's Bond Volume Cap for calendar year 2011 to either Industrial/Commercial Revenue Bonds, Mortgage Revenue Bonds, or other eligible programs to be approved by City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council hereby finds, determines, and declares that the purposes of this Resolution are to enable the City to: a) take steps designed to reduce the cost of financing principal residences located in the City in order to provide decent, affordable, safe and sanitary housing for persons with qualifying income; and b) assist in the economic development of the City to relieve unemployment and encourage an increase in commerce and industry. SECTION 2: That the City Council hereby authorizes the reservation of seven million, three hundred ninety-six thousand, four hundred fifteen dollars ($7,396,415) of the City's Bond Volume Cap for calendar year 2011 for either —2— 0 E • • P93Oka I Industrial/Commercial Revenue Bonds, Mortgage Revenue Bonds or other appropriate qualifying and eligible financing instruments or a combination of each, as approved from time to time by the City Council. SECTION 3: That from and after the adoption of this resolution, the proper officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of this resolution, or to effectuate the purposes hereof. SECTION 4: That this Resolution 23-R-11 shall be in full force and effect from and after its adoption. Atte Rodney Greene,,)elty Oerk Adopted: 13 12011 —3— Eliz6beth B. Tisdahl, Mayor 23-R-11 EXHIBIT A State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 -4- • • U • 0 • STATE OF ILLINOIS GUIDELINES AND PROCEDURES FOR THE ALLOCATION OF PRIVATE ACTIVITY BONDING AUTHORITY IN ACCORDANCE WITH THE TAX REFORM ACT OF 1986 AND 30 ILCS 345 OFFICE OF THE GOVERNOR Effective January 1, 2011 • TABLE OF CONTENTS 1. Introduction... 3 2. Calendar Year 2011 State Ceiling and Allocations... 4 3. Home Rule... 5 4. Non -Home Rule... 8 5. State Agencies... 11 6. Reallocation Provisions... 13 7. Appendix A - Standard Form of Letters... 14 8. Appendix B - Annual Housing Report... 19 • 9. Appendix C - Population Estimates... 21 Questions regarding these guidelines and procedures may be directed to the Debt Management Unit of the Governor's Office of Management and Budget at (217) 782is - 5886. PA INTRODUCTION • The Federal Tax Reform Act of 1986 (the "Code") as amended, imposes a limit on the aggregate amount of "tax exempt private activity" bonds (also know as "Volume Cap") that can be issued by a state.. While the Code provides an allocation scheme for specific issuing authorities, it also provides that a state may, by law, provide a different formula for allocating the State ceiling among the governmental units in the State having authority to issue such bonds. The State of Illinois ("the State") has adopted procedures for the allocation of Volume Cap pursuant to the Illinois Private Activity Bond Allocation Act, 30ILCS 345 (the "Illinois Allocation Act"). The Governor's Office is the entity charged with authority to allocate Volume Cap among the political subdivisions within the State. In the event of conflict between the Code and Illinois Allocation Act and these "2011 Guidelines and Procedures" (the "Guidelines"), the Code and the Illinois allocation Act shall control. Any matters not covered by the Code or the Illinois Allocation Act or the Guidelines shall be decided by the Governor's Office, and the Governor's Office reserves the right to amend the Guidelines at any time. These Guidelines are provided by the Governor's Office to assist issuers in understanding how the allocation formula will be administered. They do not represent a binding legal interpretation of either the Code or the Illinois Allocation Act. The Governor's Office will not make a legal determination of the applicability of the Code to an issuer nor will it determine an issuer's compliance under the Code. Issuers should consult their own legal counsel to make these determinations. The Guidelines require certain issuers to submit requests to the Governor's Office for allocations of Volume cap. In addition, they require issuers within the State to report on reallocations and their use of Volume Cap. • PLEASE NOTE — ALL REQUESTS AND REPORTING SUBMISSIONS, AS DESCRIBED HEREIN, MUST BE SUBMITTED IN BOTH (i) HARD AND (ii) ELECTRONIC FORMATS (ADOBE ACROBAT "PDF") TO THE FOLLOWING ADDRESSES: HARD COPY SUBMISSIONS TO: Governor's Office of Management and Budget Debt Management Unit — Volume Cap Submission 603 Stratton Building Springfield, IL 62706 ELECTRONIC (PDF) SUBMISSIONS TO: OMB.VolumeCapReq uest2011(a,illinois.gov Please indicate the (i) name, (ii) status of your organization (Home Rule, Non -Home Rule or State Agency) and (iii) type of submission (either a "REPORT" or a "REQUEST") in the "SUBJECT" line of your submission e-mail. Please include the following information for a primary and secondary contact person in the body of each electronic submission (email): Name Title Department/Division Phone Number Email address IMPORTANT NOTE — The time and date stamp of the email will be used for the purpose of determining the order in which the submissions are received unless otherwise noted herein. 0 Calendar Year 2011 State Ceiling and Allocations 2011 State Ceiling — Background and Calculation Section 146 of the Code limits the amount of qualified private activity bond debt that may be issued in a state during a calendar year ("the State Ceiling"). Section 146(d) of the Code was amended by H.R. 5662, the "Community Renewal Tax Relief Act of 2000 (the "CRTF Act")," to specify that beginning in calendar year 2002 the limit shall be the greater of $75 multiplied by a state's population or $225 million. The CRTF Act further specifies that beginning in calendar year 2003 the volume limit may be adjusted annually for inflation. Pursuant to Revenue Procedure 2008-66 published by the Internal Revenue Service, the volume limit on qualified private activity bonds adjusted for inflation for calendar year 2011 is $95 multiplied by the state's population. Section 1460) of the Code further requires that the calculation of the State Ceiling be based on the most recent resident population estimate released by the U. S. Bureau of the Census before the beginning of the calendar year. On December 29, 2009, the Population Division of the U.S. Census Bureau issued "Table 1: Annual Estimates of the Population for the United States, Regions, States, and Puerto Rico: April 1, 2000 to July 1, 2009 (NST-EST2009-01)" which reports Illinois's estimated population as 12,910,409. Illinois 2011 State Ceiling is $1,226,488,856.00 ($95 x 12,910,409). Allocations Pursuant to the Statute, the table below denotes the initial allocation of the 2011 State Ceiling. Home Rule Units $760,851,390.00 Non -Home Rule Units 232,818,733.00 State Agencies/Authorities 232:118:733.00 Total $1,226488856.00 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4 • E • 0 HOME RULE UNITS Allocation January I Benchmark As described in "2011 State Ceiling — Background and Calculation" above, each Home Rule community is allocated an amount equal to $95.00 multiplied by its population and Cook County, as a Home Rule county, is allocated an amount equal to $95.00 multiplied by the population of its unincorporated area. Based on the most recent US Census estimates the total amount for all Home -Rule units has been determined to be $760,851,390.00. Appendix C attached identifies the list of Home Rule units and the population count used by the Governor's Office for the volume cap allocation. Special census estimates or other estimates for individual municipalities are not recognized by the Governor's Office. During the period from January 1, 2011 through May 1, 2011 Home Rule units may not apply to the State for an allocation under the Illinois Allocation Act. Rather, Home Rule units must determine and monitor their own private activity bond limits as provided in the Illinois Allocation Act. Please see reporting requirements detailed below in "Home Rule Reporting". June I Benchmark Of the total amount available to each Home Rule unit of government with less than 2,000,000 inhabitants, the amount that has not been granted, transferred, or reserved by Home Rule units for specific projects or purposes as of May 1, 2011, shall be reserved to the Governor's Office on June 1, 2011 (the "home Rule Pool"). From the period of June 1 through July 15, 2011, one-half of the Home rule Pool will be available to all Home Rule units with less than 2,000,000 inhabitants (the remaining half is available for allocation to the State or State Agencies as herein after described). The Governor's Office will accept Home Rule units' requests for volume cap from the Home Rule Pool beginning on the first State business day on or after June 1, 2011. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., June 1, 2011. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor's Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first -come, first -granted basis. If a determination is made that there is, a sufficient amount of allocation remaining in the Home Rule Pool upon a request made, an allocation approval letter will be sent to the applicant. The approval letter will be mailed by first class U.S. Mail to the signator of the application letter Express mail will be used upon request and at the issuer's expense. The allocation is valid for a period of 60 calendar days from the date of the letter or December 27 of the year of the allocation. This period is set by Illinois Allocation Act and cannot be extended. • July 15 Benchmark - On and after July 15, 2011, the amount of the unused allocation from the Home Rule Pool shall be available to both Home Rule units of government (with less than 2,000,000 inhabitants) and to State agencies. Requests submitted prior to July 15 that are not completely fulfilled must be re - filed after July 15 if cap still is requested. The Governor's Office will accept Home Rule units' requests for volume cap from the Home Rule pool beginning on the first State business day on or after July 15, 2011. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., July 15, 2011. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor's Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first -come, first -granted basis. Please Note — A completed "Allocation Request Letter" (Appendix A) and a copy of an "Official action", as defined in the Statute, must accompany all request submissions (June 1 or July 15). A submission will not be deemed complete unless a copy of Official action is included in the transmittal. No Home Rule unit may be granted more than 10% of the amount of total allocation initially available for Home Rule units for a single project. Home Rule units may submit separate requests for multiple projects. Requests must be for specific projects, not general use. Requests will be processed only for allocation to be used directly by the requesting Home Rule unit. Joint requests from more than one unit or requests from one unit for allocation that will also be used by other units of government will not be considered. Once an allocation is given to a specific unit, the Governor's Office will not object if units pool their allocations and join together in a bond issue as advised by legal counsel. The allocation approval letter to Home Rule units of government is valid for a . period of 60 calendar days from the date of the letter or through December 31, 2011, whichever date comes first. If an issuer's allocation has expired, it may apply for a new allocation if allocation is still available. Such application will be processed by the Governor's Office in the same manner as any other new application. The State, a State agency or Home Rule unit may reallocate all or a portion of its ORIGINAL allocation to a Home Rule Unit, the State, a State agency or a Non Home Rule Unit of local government. home Rule units may reallocate by official action of their governing body only as to volume cap reserved prior to May 1, 2011. Home Rule units MAY NOT reallocate any allocation granted by the Governor's Office after June 1. Please see "REALLOCATION PROVISIONS" for further details. 0 • Home Rule Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act, any Home Rule unit utilizing Volume Cap (regardless of its source) is required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the "Confirmation of Bond Issuance" letter is provided in Appendix A. If the amount of bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the amount of unused allocation shall be added to the remaining pool allocation available. This "lapsed" volume cap will be offered first to all issuers who have requested volume cap whose requests were not completely fulfilled, in the order that such requests were initially filed. If more than one request was initially filed at the same time, the order of filing will be randomly assigned for purposes of offering lapsed cap. Volume cap is not considered lapsed unless the issuer or issuer's representative states in writing that all or a portion of the cap will not be used. Mid -Year Reporting No later than May 10, 2011, each Home Rule unit with less than 2,000,000 inhabitants must report to the Governor's Office in writing on volume cap (i) granted, (ii) transferred, or I;iii) • reserved by official action of the unit's governing body prior to May 1, 2011. The form described in Appendix A is provided for this purpose — "Report of Allocation Granted by Home Rule". Once Volume Cap is properly reserved by a Home Rule unit prior to May 1, 2011, the Governor's Office will not object to the subsequent transfer or reallocation of such cap, or filing of a carry -forward of such volume cap, and no notice to the Governor's Office of any such subsequent action is required. {Please note, however, that Home Rule units must provide notice to the Governor's office, as provided in Section 6 of the Illinois Allocation Act, within fourteen days of said reallocation.) Please Note - Copies of "Official Action", as defined in the Illinois Allocation Act, must accompany this reporting submission. Submission will not be deemed complete unless a copy of Official Action is included with the submissions. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 0 • NON -HOME RULE UNITS Allocation Requests January 1 Benchmark The 2011 allocation of Volume Cap available on or after January 1, 2011 to be issued by Non - Home Rule units of local government is expected to be $232,818,733.00. Non -Home Rule units are defined as municipalities or counties, other than Home -Rule units. All other forms of government, such as local water districts or airport authorities, must apply for Volume Cap as a State Agency. The Governor's Office will accept Non -Home Rule units' requests for Volume Cap from the Local Government Pool beginning on the first State business day on or after January 1, 2011 (January 2, 2011). Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., January 2, 2011. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and Spin on such date shall be deemed equally first in line and the Governor's Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission received, and processed on a first -come, first -granted basis. If a determination is made that there is a sufficient amount of allocation remaining in the total available allocation, an allocation approval letter will be sent to the applicant. The approval letter will be mailed by first class U.S. Mail to the signator of the application letter. Express mail may be used upon request and at the issuer's expense. 0 July 15 Benchmark Of the total amount allocated to Non -Home Rule units, the amount of remaining allocation as of July 14, 2011 (the "Non -Home Rule Pool") shall be reserved to the Governor's Office on July 15, 2011 to be allocated to the State, State agencies or Non -Home Rule units as described in the Illinois Allocation Act. Requests submitted prior to July 15 that are not completely fulfilled must be re -filed on or after July 15 if volume cap is still requested. The Governor's Office will accept Non -Home Rule units' requests for Volume Cap from the Non -Home Rule Pool beginning on the first State business day on or after July 15, 2011. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., July 15, 2011. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor's Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first -come, first -granted basis. Please Note — • A completed "Allocation Request Letter" (Appendix A) and a copy of an "Official Action", as defined in the Illinois Allocation Act, must accompany all request submissions (January 1 or July 15). A submission will not be deemed complete unless a copy of Official Action is included in the transmittal. • • No Non -Home Rule unit may be granted more than 10% of the amount of total allocation initially available to units of local government for a single project. Non - Home Rule units may submit separate requests for multiple projects. Requests must be for specific projects, not general use. Non -Home Rule units do not have power under statute to transfer or reallocate cap to other Non -Home Rule or Home - Rule units. Requests may be made only for cap that will be used within the Non - Home Rule unit's jurisdiction, as evidenced by such documentation or evidence as • the Governor's Office shall request. Letters of intent from lenders shall be deemed prima facie evidence. Units planning to pool their allocations must certify their intent to comply with this section in their request letter. • The allocation approval letter is valid for a period of 60 calendar days from the date of the letter. This period is set by the Illinois Allocation Act and cannot be extended. • Pursuant to Section 6 of Illinois Allocation Act, a Non -Home Rule unit IS NOT AUTHORIZED TO REALLOCATE all or any unused portion of its allocation. Direct and indirect reallocations by Non -Home Rule Units are strictly. prohibited. This prohibition is discussed more fully in the "Reallocation Provisions" of these Guidelines. • The proceeds from bonds utilizing Volume Cap allocated to a Non -Home Rule unit pursuant to these Guidelines must be used within the jurisdiction of the Non -Home Rule unit. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] L' 0 • Non -Home Rule Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act, Non -Home Rule units are required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the "Confirmation of Bond Issuance" letter is provided in Appendix A. If the amount of bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the amount of unused allocation shall be added to the remaining pool allocation available. This "lapsed" volume cap will be offered first to all issuers who have requested volume cap whose requests were not completely fulfilled, in the order that such requests were initially filed. If more than one request was initially filed at the same time, the order of filing will be randomly assigned for purposes of offering lapsed cap. Volume cap is not considered lapsed unless the issuer or issuer's representative states in writing that all or a portion of the cap will not be used. Annual Reporting of Housing Projects The Illinois Allocation Act requires Non -Home Rule units to provide an annual report of all private activity bonds issued for any housing purposes which utilizes volume cap allocated by the • State. Details on the reporting requirement can be located in the Section 7.5 of the Illinois Allocation Act. A form to aid reporting has been provided in Appendix B to these Guidelines. Calendar Year 2011 submissions are to be sent via the instructions set forth on page 3 of these Guidelines by February 1, 2011. An additional copy of this report only must also be submitted to the Illinois Housing Development Authority ("MA") at the following address: Illinois Housing Development Authority Attention: General Counsel 401 North Michigan Avenue Chicago, IL 60611 Please Note - Excel version of this form is available for download on our webpage (httn://www.state.il.us/budizet/) for your convenience. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 10 • • STATE AGENCIES Allocation Requests For calendar year 2011 there is expected to be $232,818,733.00 for use by State Agencies, (the "State Agency Pool"), defined as any State agency, commission, board, authority, or body politic and corporate of the State authorized by law to issue Private Activity Bonds, other than a Non - Home Rule or Home -Rule unit. The Governor's Office may allocate among all State agencies from the State Allocation Pool available after January 1, 2011 (January 2, 2011). In addition, State agencies may apply beginning on or after the first State business day after June 1, 2011 for the allocation retained by the Governor's Office from the Home -Rule Pool and beginning on or on July 15, 2011 for the allocation retained, if any, from the Non -Home Rule Pool. Requests submitted prior to June 1 which are not completely fulfilled and requests submitted prior to July 15 which are not completely fulfilled must be re -filed after July 15 if cap from the Non -Home Rule pool is requested. Please see "HOME RULE" and "NON -HOME RULE" sections for submission procedures. Please Note- • Requests will be processed only for allocation to be used directly by the requesting State agency. Requests may be requested and granted on a lump -sum by private activity bond category or individual project basis as the Governor's Office may determine. Joint requests from more than one State agency or units of government or requests from one State agency for an allocation that will be used by other units of government will not be considered. Once an allocation is given to a specific State agency, the Governor's Office will not object if units pool their allocations and join together in a bond issue as advised by legal counsel. • State agencies may submit requests for allocations of any amount. The 10% limit does not apply to State Agencies • The Governor's Office may consult with State agencies prior to submission of their allocation requests and determine the amount of allocation that shall be requested and approved. The allocation shall be valid through the end of the calendar year. • State agencies may reallocate their unused allocation in the manner described in "REALLOCATION PROVISIONS" with the approval of the Governor's Office. A State agency that issues bonds after receiving a reallocation from a Home -Rule unit or another State agency shall submit the information described in the "Reporting" section below. • State agencies also may file a carry -forward of an allocation remaining at the end of one calendar year to the next under certain circumstances, with the approval of the Governor's Office. Issuers should consult their legal counsel with respect to the applicability of this provision to their circumstances 11 State Agency Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act. State Agencies are required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the "Confirmation of Bond Issuance" letter is provided in Appendix A. If the amount of the bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the unused allocation amount shall be retained by the State Agency unless otherwise directed by the Governor's Office. Annual Reporting of Housing Projects Pursuant to the Illinois Allocation Act, State Agencies are required to provide an annual report of all private activity bonds issued for any housing purposes which utilizes volume cap allocated by the State. Details on the reporting requirement can be located in Section 7.5 of the Illinois allocation Act and a form has been provided in Appendix B for submission. Calendar Year 2011 Submissions are to be sent via the instruction set forth on page 3 of these guidelines by February 1, 2011. An additional copy of this report only must also be submitted to the Illinois Housing Development Authority ("IHDA") at the following address: Illinois Housing Development Authority Attention: General Counsel 401 North Michigan Avenue Chicago, IL 60611 Please Note - Excel version of this form is available for download on our webpage (httD://www.state.il.usibud2et/) for your convenience. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 12 • • • REALLOCATION PROVISIONS Reallocations by the State, a State Agency or a Home Rule Unit The State, any State Agency or Home Rule unit may voluntarily reallocate to any Non -Home Rule unit of local government, Home -Rule unit, the State or any State agency all or any portion of its unused allocation. {The State Agency or Home Rule unit reallocating all or a portion of its unused allocation must provide notice to the Governor's office within fourteen days of said reallocation. } Consistent with the Illinois Allocation Act and these guidelines, entities that issue private activity bonds on the basis of reallocations must submit to the Governor's Office written evidence of such reallocation and a confirmation of bond issuance letter within ten calendar days from the date the bonds are issued. Reallocations by a Non -Home Rule Unit Are Prohibited Non -Home Rule units may not reallocate to any issuer. This prohibition applies to direct reallocations and to reallocations attempted via an intergovernmental or other agreement. Allocations made to Non -Home Rule units pursuant to the Illinois Allocation Act and these Guidelines may not be used in an issuance by another governmental entity on behalf of the Non - Home Rule unit or as a surrogate for the Non -Home Rule unit via an intergovernmental or other agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 13 APPENDIX A STANDARD FORM OF LETTERS 14 • 0 • (Letterhead of Signator) ALLOCATION REQUEST LETTER FROM ALL ISSUERS (Date) Office of the Governor Governor's Office of Management and Budget 603 Stratton Building Springfield, Illinois 62706 ATTENTION: Debt Management Unit RE: Issuer: Type: (Home -Rule, Non -Home Rule or State agency) Maximum Principal Amount: Bond Description: (project, beneficiary, location, type/category of bonds) Dear Governor Quinn: In accordance with the Tax Reform Act of 1986 as passed by 99th Congress 2nd Session (1986), as amended, and 30 ILCS 345, the (name of issuer) respectfully requests an allocation for the above -captioned private activity bonds. In preparation for this bond issue to date, all applicable Federal and State requirements have been complied with. A copy of the inducement resolution or similar official action for this issue has been attached herewith. • [(The following is required only of Non -Home Rule units which expect to join other units in a single bond issue as described in the guidelines): I hereby certify that (name of issuer) intends to comply with requirements set forth in the Governor's Office guidelines and will not transfer or reallocate any cap received from the Governor's Office to other Non -Home Rule or Home -Rule units and will use the cap only within our jurisdiction.] I hereby certify under penalty of perjury, that to the best of my knowledge, the issuance of the Private Activity Bond was or will not be made in consideration of any bribe, gift, gratuity or direct or indirect contribution to any political campaign. Please forward the allocation approval letter to the undersigned [or to: �. Bond counsel for these bonds [is expected to be , who may be reached at [phone number]] [has not yet been selected]. Sincerely, (name of issuer) (signature of authorized public official) (title) (phone number) [Note: The Bond description cannot be materially changed after submission.] • 15 (Governor's Letterhead) • BOND ALLOCATION APPROVAL LETTER (Date) Allocation Number (our assigned number) (name of issuer) Attention: (Name of Official) Re: Issuer: Type: (Home -Rule, Non -Home Rule or State agency) Maximum Principal Amount: Bond Description: (project, beneficiary, location, type/category of bonds) Ladies and Gentlemen: In accordance with the Tax Reform Act of 1986, as amended, and 30 ILCS 345, the above -captioned Issuer has requested an allocation for Private Activity Bonds with respect to the above -captioned bonds. In support of this request, I have been presented with the resolution duly adopted by the Issuer or similar official action with respect to the above -captioned bonds. I hereby allocate $ of the State's 2011 maximum limit on private activity bonds to the above -captioned Issuer. Pursuant to Section 6 of the Illinois Private Activity Bond Allocation Act, this allocation is only valid if: (1) the proceeds from the bonds (the "Bonds") utilizing the bond volume cap are to originate single family mortgages to finance the purchase of homes located within the jurisdiction of the unit local government applying for the bond volume cap, or the costs associated therewith, or, if not so used, applied to redeem the Bonds; and (2) the unit of local government is the Issuer of the Bonds. "Issuer" as used herein is the entity named on the Bonds and obligated for the repayment of the Bonds and does not include an entity for whom bonds have been issued by another party via an intergovernmental or other agreement. This allocation is valid through and including . If the above - captioned bonds have not been issued by said date this allocation automatically expires and is available for reallocation. Sincerely, PAT QUINN Governor • 16 • (Letterhead of Signator) CONFIRMATION OF BOND ISSUANCE TO BE PROVIDED BY ISSUER (Date) [Within 10 calendar days of issuance] Allocation Number: (assigned by us in the allocation approval letter) Office of the Governor Governor's Office of Management and Budget 603 Stratton Building Springfield, Illinois 62706 ATTENTION: Debt Management Unit Re: Issuer: Type: (non Home -Rule, Home -Rule or State agency) Date of Issuance: Principal Amount Issued: Bond Description: (project, beneficiary, location, type/category of bonds) Dear In accordance with the Tax Reform Act of 1986, as amended, and 30 ILCS 345, • the above -captioned Issuer is giving notice that the above -captioned private activity bonds have been issued. With regard to the issuance of these bonds, all applicable federal and state requirements have been complied with. The total allocation provided for this bond issue in the Allocation Approval Letter dated was $ The total principal amount actually issued was $ and, therefore, the amount of $ is unused allocation that may be added to the total available allocation. Sincerely, (name of issuer) (signature of authorized public official) (title) Attachments [Note: If the bonds were issued on the basis of a voluntary reallocation of unused allocation or as a result of a carry -forward of allocation from a prior year, this fact should be so stated in this confirmation letter and a copy of the written evidence of such reallocation or carry -forward should be attached.] 17 (Letterhead of Signator) • REPORT OF ALLOCATION GRANTED BY HOME -RULE UNITS (Date) [Due Thursday, May 10, 2011] Office of the Governor Governor's Office of Management and Budget 603 Stratton Building Springfield, Illinois 62706 ATTENTION: Debt Management Unit Re: Issuer: (Home -Rule unit) Total 2011 Volume Cap Allocation: fsee list attached to Ruidelines for population, multiplied by $95.001 Volume Cap allocations granted, transferred, or reserved by Issuer resolution prior to May 1, 2011: 1. Principal Amount of Issue: Bond Description: (Type of bond) (Repeat as necessary identify all specific allocations) • If reallocated to another issuer, state name of issuer: Copies ofallocation resolutions or ordinances are attached. [Note: Memorandums of agreements with businesses need not be attached.] Total Allocation Granted or Reallocated $ Sincerely, (name of issuer) (signature of authorized public official) (title) (phone number) 18 • r� • APPENDIX B ANNUAL HOUSING REPORT SAMPLE FORM (Excel version available for download on GOMB website - http://www.state.il.ustbudget/) 19 Bond Issuer Annual Reporting Form • Statutory Requirement (30ILCS 345/7.5) 1 Explanation/Detail I Insert Required Information Information Required for All Bond Issues Bond Issuer Entitv Issuinq Bonds: Person Completing Report (Drafter) Name: Drafter Contact Information Companv: Address: Address: Citv, State, Zip:l I Phone:l I E-mail Address:l Reportina Period Calendar Year:l Date of Report Date (no less than 45 days prior to end of Reporting Period): Bond Proceeds Used for Projects and Percentage of Totall Loans Issuance, Total Cost of Issuance I Amount: Bond Proceeds Used to Refund Prior Amount: Bonds Unused Proceeds at Time of Report Amount: Plan for Use of Any Unused Proceeds Attach Narrative and Supporting Documentation Showing Commitments to Utilize Proceeds, including timetable for use. For MultifamilX Rental Units Only Total Number of Developments Total: _ Total Number of Units Total: Income Levels for All Units (using Area l No. Units at 30 % AMI or Median Income or "AMI") less: I No. Units at 40% AMI: No. Units at 50% AMI: NOTE: The table of current AMI figures I No. Units at 60 % AMI: to be used in compiling this information I No. Units at 80% AMI:I may be found at l No. of Other Restrictedl htto:/Avww.ihda.onvDownloads.asox Units( %AMI): (search "Income Limits) or by calling l No. of Other Restrictedl the Illinois Housing Development Units, % AMI); l No. of Other Restricted Authority at 312-836-5200. Units I % AM iUnrestricted (Market Rate):I • Annual Comprehensive Housing Plan JAttach detail showing the number units serving the priority Priorities (see below for priority key) populations described below, along with documentation showing efforts to serve Priority Populations, when available. For Sinvle Family Units Oniv Loans and Households Achieving Number of Mortgagel Homeownershio with Bond Proceeds Loans: Number of Households: _ Loan Amounts, Actual and Effective Attach List of Individual Loan Amounts, detailing the actual Interest Rates and effective interest rate for each loan. Annual Comprehensive Housing Plan Attach detail showing the number units serving the priority Priorities (see below for priority key) populations described below, along with documentation showing efforts to serve Priority Populations, when available. First-time Homebuvers Number. Homeownership Counseling No. of assisted homeowners who received any homeownership counseling: Key to Priorities 1 Disabled - No. Units Serving People with Disabilities (as defined in the Illinois Comprehensive Housing Plan, found at www.ihda.ora; choose "Housing Policy and Planning" in the left margin) Extremely Low Income - No. Units Serving Very Low -Income (less than 30 % AMI) Households and Families Homeless - No. Units Serving Homeless People and Families and Those At -Risk of Homelessness Live Near Work - No. Units Serving Low and Moderate -Income Families and People Unable to Find Affordable Housing Near Employment or Transportation Preservation - No. of Units for Low -Income Families and People Living in Existing Affordable Housing that is in Danger of Becoming Unaffordable Very Low Income - No. Units Serving Very Low -Income (31 to 50% AMI) Households and Families • QUESTIONS????? Any questions on how to complete this form should be directed to Charlotte Flickinger at the Illinois Housing Development Authority at 312-836-5200 or TTD 312-836-5222. 20 CJ • -0 APPENDIX C POPULATION ESTIMATES 21 Home Rule Unit' Potmiationz Home Rule Unit' Ponulation2 Addison Village 36,918 Des Plaines City 56,810 Alsip Village 18,580 Dolton Village 23,758 Alton City 29,264 Downers Grove Village 49,143 Arlington Heights Village 73,153 Du Quoin City 6,303 Aurora City 172,950 East Dundee Village 3,149 Bannockburn Village 1,886 East Hazel Crest Village 1,627 Barrington Hills Village 4,375 East St. Louis City 28,753 Bartlett Village 42,770 Edwardsville City 24,475 Bartonville Village 6,217 Elgin City 107,519 Batavia 27,700 Elk Grove Village Village 33,124 Bedford Park Village 530 Elmhurst City 46,314 Belleville City 41,285 Elmwood Park Village 23,926 Bellwood Village 18,853 Elwood Village 2,357 Benton City 6,910 Evanston City 77,857 Berkeley Village 4,885 Evergreen Park Village 19,237 Berwyn City 49,664 Fairview Heights City 16,706 Bloomingdale Village 21,858 Flora City 4,680 Bloomington City 74,184 Forest View Village 713 Bolingbrook Village 70,881 Freeport City 24,699 Bridgeview Village 15,006 Galesburg City 31,006 Bryant Village 242 Glendale Heights Village 31,877 Buffalo Grove Village 42,852 Glen Ellyn Village 27,236 Burbank City 27,467 Glenview Village 46,207 Burnham Village 3,954 Glenwood Village 8,453 Cahokia Village 15,103 Golf Village 442 Calumet City City 36,619 Granite City City 30,695 Calumet Park Village 7,953 Gurnee Village 30,571 Carbon Cliff Village 1,646 Hanover Park Village 36,703 Carbondale City 26,235 Harvey City 27,946 Carlock Village 503 Harwood Heights Village 8,009 Carol Stream Village 40,041 Hazel Crest Village 13,996 Carpentersville Village 38,020 Herrin City 12,450 Carterville City 5,518 Highland Park City 31,516 Champaign City 80,286 Highwood City 5,382 Channahon Village 14,048 Hillside Village 8,265 Chicago City 2,851,268 Hodgkins Village 2,040 Chicago Heights City 30,412 Hoffman Estates Village 53,655 Chicago Ridge Village 13,310 Homer Glen Village 269150 Christopher City 2,798 Hopkins Park Village 847 Cicero Town 80,100 Inverness Village 7,649 Collinsville City 26,016 Jacksonville City 19,214 Cook County, Unincorp 97,713 Joliet City 147,648 Country Club Hills City 16,605 Kankakee City 26,840 Countryside City 5,785 Lake Barrington Village 4,973 Crainville Village 1,362 Lake Bluff Village 6,223 Crystal Lake City 42,180 Lake Forest City 20,991 Danville City 32,467 Lake in the Hills Village 29,704 Darien City 22,389 Lansing Village 26,524 Decatur City 76,199 LaSalle City 9,497 Deerfield Village 19,636 Lincolnshire Village 7,956 DeKalb City 45,734 Lincolnwood Village 11,742 DePue 1,735 Manhattan Village 7,345 22 • • is • Home Rule Unit' PoDulationZ Home Rule Unit' Population Marion City 17,460 Prairie Grove Village 2,007 Mascoutab City 6,797 Quincy City 40,061 Maywood Village 24,903 Rantoul Village 12,247 McCook Village 236 Riverdale Village 14,080 McHenry City 27,165 Riverwoods Village 4,072 Mettawa Village 516 Robbins Village 6,330 Midlothian Village 13,577 Rockdale Village 2,004 Moline City 43,050 Rock Island City 38,084 Monee Village 4,993 Rolling Meadows City 23,324 Monmouth City 9,244 Romeoville Village 37,997 Morton Grove Village 22,412 Rosemont Village 3,907 Mound City City 574 Round Lake Beach Village 27,790 Mount Prospect Village 53,050 Sauget Village 239 Mount Vernon City 16,185 Schaumburg Village 71,303 Muddy Village 72 Schiller Park Village 111,431 Mundelein Village 33,979 Sesser City 2,116 Murphysboro City 8,106 Sherman Village 3,873 Naperville City 143,661 Skokie Village 66,468 Naples Town 124 South Barrington Village 4,494 Nauvoo City 1,141, South Holland Village 21,045 New Lenox Village 24,286 Springfield City 118,033 Niles Village 28,513 St. Charles City 32,840 Normal Town 52,799 Standard Village 133 Norridge Village 13,876 Stickney Village 5,741 Northbrook Village 33,764 Stone Park Village 4,851 North Chicago City 32,656 Streamwood Village 36,974 Northfield Village 5,463 Sycamore City 17,816 Northlake City 11,380 Thornton Village 2,375 North Utica Village 1,051 Tilton Village 3,061 Oakbrook Terrace City 2,384 Tinley Park Village 59,140 Oak Forest City 27,681 Tuscola City 4,570 Oak Lawn Village 52,948 University Park Village 8,222 Oak Park Village 53,125 Urbana City 39,985 O'Fallon City 27,778 Valmeyer Village 1,168 Old Mill Creek Village 264 Volo Village 1,044 Onarga Village 1,350 Warrenville City 13,050 Orland Park Village 55,236 Washington Park Village 5,554 Oswego Village 29,364 Watseka City 5,375 Palatine Village 66,690 Waukegan City 90,622 Park City City 6,710 West Chicago City 26,475 Park Forest Village 22,462 West City Village 764 Park Ridge City 36,806 West Dundee Village 8,015 Pekin City 33,580 West Frankfort City 8,125 Peoria City 115,520 Wheaton City 64,568 Peoria Heights Village 6,278 Wheeling Village 35,912 Peru City 9,792 Williamsville Village 1,387 Phoenix Village 2,034 Wilmette Village 26,300 Plainfield Village 36,659 Winnetka Village 12,381 Posen Village 4,875 Woodridge Village 34,173 23