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HomeMy WebLinkAbout1983-153-09/20/1983-SETTING FORTH THE INTENTION OF THE CITY OF FORT COLLINS, COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT RE RESOLUTION 83- 153 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENTION OF TFE CITY OF FORT COLLINS, COLORADO TO ISSLE INDUSTRIAL DEVELOPLENT REVENUE BONDS FOR BIC BUILDING PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP WHEREAS, representatives of BIC Building Partnership, a Colorado general partnership ("BIC") have met with officials of the City of Fort Collins, Colorado (the "City" ) , and have advised the City of the interest of BIC in constructing an office and manufacturirg building in the City, subject to the willingness of the City to finance the project (the "Project" ) as an industrial development revenue bond project, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3 , Title 29 , Colorado Revised Statutes 1973 , as amended (the "Act") , and WHEREAS, BIC has represented to the City that the Project will qualify as a project within the meaning of the Act, and WHEREAS, the Project consists of the acquisition and development or land and the construction and equipping of an office and manufacturing building designed to house non-polluting businesses and manufacturers which will create additional jobs within the City, and WHEREAS, the Citj Council has considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial, and WHEREAS, the City Council has determined the Project to be consistent with the goals and objectives of the City, and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Section 1 In order to induce BIC to locate and construct the Project within the City, the City shall, subject to the provisions hereof, take all necessary and advisable steps to effect the issuance of industrial development revenue bonds (the "Bonds") pursuant to the Act in the maximum aggregate principal amount of Nine Hundred Ten Thousand Dollars ($910 ,000 00) or such lesser amount as shall be determined and agreed upon by BIC and the City to finance the Project The Bonds will not be general obligations of the City Neither shall the Bonds , including interest thereon, constitute the debt or indebtedness or the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the home Rule Charter of the City , nor give rise to a pecuniar liability of the City or a charge agairst its general credit cr taxing powers The Bards snall be payable solely from and secured by a pleage of revenues derived from and payable by BIC pursuant to financing agreements with the City Section 2 No costs or expenses, whether incurrea by the City or any other party in connection with the issuance of the Bonds or tl^e preparation or any aocuments by any legal or financial consultants retained in connection therewith, shall be borne by the City All such costs or expenses shall be paid from the proceeds of the Bonds or otherwise borne by BIC In addition to the costs ana expenses to be borne by BIC as described in the preceding sentences, if the Project is approved by the City and the Bards are issued, BIC shall pay to the City a fee of 1%16 or 1% of tie urpaid principal amount of the Bonds at the end of each bond year Section 3 Prior to any execution of a financing agreemert, mortgage, indentLre of trust, oord purchase agreement or any other necessary cocuments ana agreements in connection with such Bonds, such docu:-ents and/or agreements shall be suor^itted for approval to t1,e City, and, if satisfactory to the City, their aKecution shall to autrorized by ordnance or the City Council pursuant to law Section 4 Prior to any further action by the City Council , BIC shall proviae the City with the opinion of a recognizes Bora Counsel supporting the legality of the financing or the Project and the utilization of pond proceeds for said Project Section 5 4othira contained in this resolution shall constitute the cebt or indebtedness of the City within the meaning of any limitation of the Constitution or statutes of the State of Colorado or the Fame Rule Charter of the City, nor gi% e rise to a pecuniary liability of the City or a charge against its general credit or taxi^g powers Section 6 Ill commitments of the City contained herein are subject to the condition that within twelve (12) months of the date hereof, unless otherwise extended by agreement between the City and BIC , t' e Bonds to be issuea pursuant 1,ereto shall be issues and sold In the event that saia Bonds to be issued pursuart hereto are not issued within twelve (12) months, the City of Fort Collins shall be Lrder no obligation to perform any of the terms and conditions contained herein Section 7 All ordirances , orders, bvlaws and resolutions , or parts thereof, in conflict with this resolution are hereby repealed to the extent of such conflict This repealer shall not be construea to revive any order, ordinance , bylaw or resolution, or part thereof, heretofore repealed - 2 - Section 8 If any section, paragraph, clause, or provision of this resolution with the exception of any section, paragraph, clause or provision linit•1ng the City' s financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or Lnentorccability of sLch section, paragraph, clause or provisior shall not affect any of the remaining provisions of this resolution Section 9 This resolution shall take effect i*amediately Lpor its introduction ana massage Passed and adopted at a regular meeting of the City Council held this 20th day of September, A D 1983 Mav ATTEST pt City C rx "UU BIC2 16 3 -