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HomeMy WebLinkAboutResolution-1985-0943 RESOLUTION NO. q4:i A RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT PROJECT FOR INTERNATIONAL BANCORP, A COLORADO CORPO- RATION AND REGULATED BANK HOLDING COMPANY, OR ITS ASSIGNS, MAKING CERTAIN FINDINGS AND DETERMINATIONS, PRIMARILY APPROVING THE ISSUANCE OF APPROXIMATELY $2,700,000 PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE OBLIGATIONS (INTERNATIONAL BANCORP PROJECT) IN CONNECTION THEREWITH AND AUTHORIZING REPRESENTATIVES OF THE CITY TO TAKE ACTION INCIDENTAL THERETO. WHEREAS, the City of Wheat Ridge, in the State of Colorado (the "City") is authorized by the County and Municipality Development Revenue Bond Act, constituting Ti tIe 29, Article 3 Colorado Revised Statutes (the "Act"), to acquire, own, lease, improve, and dispose of properties to the end that the City may be able to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations, federal governmental offices, hospitals, and agricultural, manufacturing, industrial, commercial, or business enterprises to locate, expand, or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the state, to secure and maintain a balanced and stable economy in all parts of the State, and to further the use of its agricultural products or natural resources; and WHEREAS, representatives of International Bancorp, a Colorado corporation and regulated bank holding company, or its assigns (the "Corporation") have met with officials of the City and have advised the City of the Corporation's interest and need in obtaining financing for a proj ect consisting of the acquisi- tion of certain real property and the building and equipping of one or more buildings thereon, to be used as a bank facility and retail shopping facilities, (collectively the "Project") located or to be located in the City; and WHEREAS, the City has considered the Corporation's proposal and has concluded that the economic benefit to the City will be substantial and it wishes to proceed with the financ ing of the Project; and WHEREAS, the action herein contemplated is not prohibited by any resolutions or rules of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Approval of the Obligations. In order to induce the Corporation to complete the proj ect, the Ci ty, subj ect to terms and conditions of the Memorandum of Agreement (attached hereto as Exhibit A and by this reference made a part hereof), intends to take all steps necessary or advisable to effect the -2- issuance of industrial development revenue obligations in a maximum aggregate princ ipal amount not exceed ing $2,700,000, or such lesser amount as shall be mutually agreed upon to finance the Project. No costs are to be borne by the City in connection with this transaction. Section 2. Final Authorization of Details. Prior to execu- tion of the necessary financing documents as shall be mutually agreed upon in connection with the Project and such obligations, such documents will be subject to authorization by resolution of the City Council of the City of Wheat Ridge (the "City Council") pursuant to law and any resolutions and rules of the City. Section 3. Re imbursement of Expenses.. The Corporation has agreed to provide for reimbursement of all expenses incurred or to be incurred by the City related to the Project. Section 4. Findings and Determinations. The City Council hereby finds and declares that the Project will meet the public purposes set forth in the Act. Section 5. Nature of Obligations. Nothing contained in this Resolution shall constitute the debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 6. No Conflicts of Interest. No member of the City Council having acted upon this Resolution in his or her official capacity (i) has a direct or indirect interest in the Project, loan agreement, mortgage or obligations, (ii) owns any interest in the project or the City, (iii) is an officer or employee of the City, (iv) will be involved in supervising the completion of the Project on behalf of the City or (v) will receive any commis- sion, bonus or remuneration for or in respect to the Project, the loan agreement, the bonds or the mortgage. Section 7. Tax Reform Act of 1984 Allocation. The Tax Reform Act of 1984 requires that the obligations contemplated by this Resolution must have an allocation of the state cap imposed by that Act. Upon receipt of such an allocation, the City Council intends to call a public hearing on the issuance of the bonds and publish notice as required. Section 8. Information Reporting Under Internal Revenue Code. The City intends to do all acts necessary to complete the information reporting requirements required by Section 103 of the Internal Revenue Code of 1954, as amended, and all regulations thereunder. Section 9. Effective Date. This Resolution shall take effect immediately upon its adoption. -3- DONE AND RESOLVED upon the affirmative vote of of the City Council present at a meeting held this April, 1985. 6 members 22nd day of CITY OF WHEAT RIDGE State of Colorado - "/ '--;I i. /-.1--, , (/;' "I. (, Mayor (SEAL) 9J:7CLl City Clerk' ~ -4-