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Resolution - 2001 - 01-08 - Authorize Industrial Devlopment Issue Revenue Bond - 08/14/2001 RESOLUTION NO.01-08 BY THE COUNCIL: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO, APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT CORPORATION OF THE CITY OF EAGLE, IDAHO, OF ITS MULTI-MODE VARIABLE RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 2001 (CAMILLE BECKMAN CORPORATION), IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $5,000,000 AND APPROVING THE RESOLUTION OF SAID PUBLIC CORPORATION AUTHORIZING SAID BONDS, INCLUDING A TRUST INDENTURE, LOAN AGREEMENT AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho (the "City"), by prior Ordinance, has approved and authorized the creation of The Industrial Development Corporation of the City of Eagle, Idaho (the "Public Corporation") as a public corporation of the State of Idaho pursuant to the provisions of Title 50, Chapter 27, Idaho Code, as amended (the "Act") to act on behalf of the City to issue nonrecourse revenue bonds for the purpose of financing the costs of qualified industrial development facilities within the meaning of the Act; and WHEREAS, the Public Corporation, by its Resolution, adopted March 16, 2001 (the "Official Action Resolution") did approve the Application of Rose Cottage, LLC (the "Borrower") for industrial development financing under the Act to provide funds for the acquisition, construction and improvement of a manufacturing facility located in the City (the "Project") and a copy of said Application and Resolution has been filed with the City; and WHEREAS, the Public Corporation, by Resolution No. 2001-7-1 (the "Bond Resolution") adopted on July 20, 2001, a copy of which has been furnished to the City, has authorized the issuance and sale of up to $5,000,000 Multi-Mode Variable Rate Industrial Development Revenue Bonds, Series 2001 (Camille Beckman Corporation Project) to be initially issued as fully registered bonds number R-1 and upward (the "Bonds") and by the Bond Resolution has authorized and approyed a Trust Indenture, Loan Agreement, Official Statement, a Placement Agent Agreement and related documents; and WHEREAS, after at least fourteen (14) days published notice in The Idaho Statesman, the Public Corporation on July 6, 2001, held a public hearing to allow full written and oral comment on the Project as required by Section 147(t) of the Internal Reyenue Code of 1986 (the "Code"); and WHEREAS, the Act and the Code require that the governing body of the creating municipality approye the Project and approve the resolution of the Public Corporation authorizing the issuance of the Bonds; and WHEREAS, the City Council has reviewed the Application, the Official Action Resolution RESOLUTION - PAGE 1 .$;\SJwm~JW!lgl~~~_~~@\R~~"_~bt_._CQI)D,.<;:'JJJ~:hJ't<;lQ~~:\~lffilFIer\Eagle\~9skFRaR\ D 95. ':1:) _ C'ew:t R etilinlH4ee and the Bond Resolution and intends, by the adoption of this Resolution, to approve the same including without limitation the agreement of the PubJlic Corporation to issue the Bonds upon the terms set forth therein and the various agreements approved therein in accordance with the Act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO, HEREBY RESOLVES AS FOLLOWS: Section 1. The Project Application, the Official Action Resolution, the issuance of the Bonds and the Bond Resolution and the agreements and documents necessary to issue the Bonds therein expressed and approyed, in the amount and for the purpose therein described and referred to in the preamble of this Resolution, are hereby approved in accordance with the Act and the Code. A copy of the Official Action Resolution, the Application and the Bond Resolution shall be maintained on file with the Eagle City Clerk. Section 2. The Project, to be located at 4001 Old Valley Road, Eagle, Idaho, and to be financed with the proceeds of the Bonds in the maximum aggregate amount of up to $5,000,000 is hereby approved. The initial owner ofthe Project is to be Rose Cottage, LLC, and the operator ofthe Project is to be The Camille Beckman Corporatiion. Section 3. This Resolution shall take effect immediately from and after its adoption and approval as required by law. ADOPTED by the Council of the City of Eagle, Idaho, this 4 day of /l1J-jI/S~ 2{)(J /, 2001. APPROVED by the Mayor of the City of Eagle, Idaho, this It/- day of Au3lisl .2(1)/, 2001. CITY OF EAGLE, IDAHO By: ATTEST/AUTHENTICATED: By .1Q ~ 'K J'}, <9-zH--<-- CITY CLERK I FILED WITH THE CITY CLERK: RESOLUTION - PAGE 2 _$;\SJW:l!.I~W~~~_~tm~\R~~:_C!Y_._C~lJn,_c;_J,.._~~,~~~:\~I::H ReF\Eagl8\BeGkman\~e&. ct:.,.. CSHJ1. .ReElkReo-doo