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HomeMy WebLinkAbout996RESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON approving the issuance of revenue bonds of the Industrial Development Corporation of the Port of Seattle, Washington, pursuant to RCW 39.84.060. WHEREAS, the Legislature of the State of Washington has provided for the creation of public corporations by municipali- ties, including port districts, pursuant to Chapter 300, Laws of Washington, 1981 (Regular Session) codified as Chapter 39.84 RCW (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 Seattle, has by resolution created and approved the charter of a public corporation, designated as the "Industrial Development Corporation of the Port of Seattle" (herein the "Corporation" or "Development Corporation") in order to carry out the purposes of the Act; and WHEREAS, the Dev~lopment Corporation has received an applica- tion from CFS Continental, Inc. (the "Company") for the financing of the acquisition of land at South 228th Street in the Upland Industries Corporation, Kent Industrial District within the City of Kent and for the construction and equipping of a warehouse facility (the "Project"); and WHEREAS, the Development Corporation has reviewed the appli- cation of the Company, has determined that the Project qualifies as an "industrial development facility" within the meaning of the Act and has approved the issuance of its nonrecourse revenue bonds to finance a portion of the costs of the Project by its Resolution 15 adopted on December 14, 1982; and WHEREAS, the Act provides that each county, city or town within whose planning jurisdiction the Project is to be located must approve the issuance of revenue bonds by the Development Corporation for the industrial development facilities; and WHEREAS, the Development Corporation, as the issuer of the nonrecourse revenue bonds for the Project, has requested the approval of the City of Kent pursuant to the Act; and WHEREAS, the City Council has been assured that there will be no financial liability accruing to the City as a result of such approval and that this approval shall constitute approval solely for the purpose of permitting the Development Corporation to proceed with the issuance of such revenue bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kent, Washington, as follows: Section 1. The City Council of the City of Kent, Washington (the "City"), pursuant to Chapter 300, Laws of Washington, 1981 (Regular Session), Chapter 39. 84 RCW, does hereby approve the issuance of a revenue bond (the "Bond") by the Industrial Develop- ment Corporation of the Port of Seattle for the purposes of financing the above described Project under the Act. -2-CMW418 83/05/25 The Bond is to be issued by the Development Corporation in the aggregate principal amount of not to exceed $8,250,000, pursuant to resolution of the Board of Directors of the Develop- ment Corporation, and entitled "Industrial Development Corporation of the Port of Seattle, Industrial Development Revenue Bond ("CFS Continental Project")." The proceeds of the Bond are to be lent to CFS Continental, Inc. (the "Company"), pursuant to a Loan Agreement, and used for the purposes of paying part of the costs of acquiring, constructing and equipping warehousing facilities located within the boundaries of the Port of Seattle and the City of Kent. The Bond shall be payable solely from the Company's repayments of the loan under the Loan Agreement and secured by a Deed of Trust executed by the Company. The Bond shall not consti- tute an obligation of the City, and no tax funds or other revenues of the City shall be used to pay the principal of, premium, if any, or interest on the Bond. Neither the faith and credit nor any taxing power or revenues of the City shall ever be pledged to pay the principal of, premium, if any, or the interest on the Bond. The Council of the City of Kent hereby approves the issuance of the Bond under the Act by the Development Corporation for the purpose of financing the acquisition, construction and equipping of the distribution center facilities of the Company. The Project is to be located at South 228th Street, in the Upland Industries Corporation, Kent Industrial District, City of Kent, Washington. -3-CMW418 83/05/25 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 which may be in process, or may be submitted at a future date. -4-CMW418 83/05/25 ADOPTED by the City Council of the City of Kent, Washington, this b day of -May; 1983. ~ Concurred in by the Mayor of the City of Kent, this J? day of -Ma-¥, 1983 . ~ ATTEST: MARIE JENS CITY CLERK APPROVED AS TO FORM: P':STEP N DiJULIO, TY ATTORNEY I hereby certify that this is Resolution No. 7'90 , passed by of Kent, Washington, the ~ day of a true and correct copy of the City Council of the City ~1983. --==~~=-"'-'-...,._~----,~~~~:..,------(SEAL) MARIE JE~, CITY CLERK CMW418