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HomeMy WebLinkAboutres1985-0401 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 INTRODUCED BY: Becker PROPOSED BY: Executive i, DATE August , RESOLUTION NO. 85 -40 A RESOLUTION of the County Council of Whatcom County approving the issuance of economic development revenue bonds of The Industrial Development Corporation of the Port of Bellingham pursuant to RCW 39.84.060. WHEREAS, the Legislature of the State of Washington has provided for the creation of public corporations by municipalities, including port districts, pursuant to Chapter 300, Laws of Washington, 1981 (Reg. Sess.) codified as Chapter 39.84 RCW, as amended (the "Act "), for the purpose of facilitating economic development and employment opportunities in the State of Washington; and WHEREAS, pursuant to the Act, the Port Commission of the Port of Bellingham has by resolution created and approved the charter of a public corporation designated as "The Industrial Development Corporation of the Port of Bellingham" (herein the "Development Corporation ") in order to carry out the purposes of the Act; and WHEREAS, the Development Corporation has reviewed an application for the financing of the acquisition and installation of new air pollution control equipment to abate or control atmospheric pollutants at the Intalco Aluminum Corporation facilities located at 4050 Mountain View Road, which is within the boundaries of the County (the "Project Facilities "); and has evidenced its intention to issue its nonrecourse revenue bonds to finance all or a portion of the costs of the Project Facilities by its Resolution No. 5 adopted July 13, 1984; and WHEREAS, the Act provides that each county, city or town within whose planning jurisdiction the Project Facilities arp to to 1 be located must approve the issuance of revenue bonds by the 2 3 Development Corporation for such Project; and 4 5 WHEREAS, the Development Corporation, as the issuer of the 6 7 nonrecourse revenue bonds for the Project Facilities, has 8 9 requested the approval of Whatcom County pursuant to the Act; and 10 11 WHEREAS, the County Council has been assured that there will 12 13 be no financial liability accruing to the County as a result of 14 15 such approval and that this approval shall constitute approval 16 17 solely for the purpose of permitting the Development Corporation 18 19 to proceed with the issuance of such revenue bonds; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF 22 23 WHATCOM COUNTY, as follows: 24 25 Section 1. The County Council of Whatcom County, Washington 26 27 (the "County "), pursuant to Chapter 39.84 RCW, does hereby 28 " 29 approve the issuance of revenue bonds (the "Bonds ") by the 30 31 Development Corporation for the purposes of financing the 32 33 above - described Project Facilities under the Act. 34 35 The Bonds are to be issued by the Development Corporation �n 36 37 the aggregate principal amount of not to exceed $5,500,000 38 39 pursuant to a resolution of the Board of Directors of the 40 41 Development Corporation and approved by the Port Commission of 42 43 the Port of Bellingham. The Bonds shall be entitled "The 44 45 Industrial Development Corporation of the Port of Bellingham 46 47 Economic Development Revenue Bonds (Intalco Project) Series 48 49 1985." The proceeds of the Bonds are to be lent to Intalco 50 51 Aluminum Corporation, a Delaware corporation (the "Company "), 52 53 pursuant to a loan agreement, and used for the purposes of paying 54 55 all or a part of the costs of acquisition and installation of air 56 57 pollution control equipment to abate or control atmospheric' 58 59 pollutants within the boundaries of the Port of Bellingham and 60 61 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 48 49 50 51 52 53 54 55 56 57 58 59 60 61 unincorporated Whatcom County. The Bonds shall be payable solely from the Company's repayments of the loan under the loan agreement and shall be additionally secured by a letter of credit and a guaranty agreement. The Bonds shall not constitute an obligation of the County, and no tax funds or other revenues -of the County shall be used to pay the principal of, premium, if any, or interest on the Bonds. Neither the faith and credit nor any taxing power or revenues of the County shall ever be pledged to pay the principal of, premium, if any, or the interest on the Bonds. The County Council of Whatcom County hereby approves the issuance of the Bonds under the Act by the Development Corporation for the purposes of financing the Project Facilities. Section 2. This resolution is intended solely to constitute approval of the issuance of revenue bonds within the meaning of RCW 39.84.060 of the Act. This approval shall not in any way be deemed to be a review or final approval of any development permit for the Project Facilities which may be in process, or may be submitted at a future date. ADOPTED this 8th day of August, 1985. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: By Carol Ebergs Clerk of the Council APPROVED AS TO FORM: Prosecuting Attorney Willia,m'P., Roejil Chairperson -3-