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HomeMy WebLinkAbout26447-08.06.1979 RESOLUTION NO. 2 6 4 4 7 RESOLUTION fixing a date for hearing on proposed Industrial Revenue Bonds, Series 1979 (Kirk Gross Co. Project) WHEREAS, the City of Waterloo, a municipality and political sub- division in the County of Black Hawk, State of Iowa (the "City") is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (hereinafter sometimes referred to as the "Act") to issue, Industrial Revenue Bonds and loan the proceeds to one or more contracting parties to be used to pay the cost of land, buildings and improvements suitable for the use of any commercial enterprise engaged in storing, warehousing or distributing products of agricultural , mining or industry; and WHEREAS, the City proposes to make the necessary arrangements with Kirk Gross Co. (the "Corporation") , an Iowa corporation, for the financing (as hereinafter described) of the improvement of a commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry located in the City (hereinafter sometimes referred to as the "Project") ; and WHEREAS, the location of this Project within the City will improve the general health and welfare of the inhabitants of the City; and WHEREAS, in order to expedite the anticipated public benefits. and avoid delays which would otherwise occur pending the completion of the pro- cedures necessary to be carried out by the City to make the required funds available, and to enable the Corporation to proceed with and complete the Project, it is considered necessary and desirable that the City provide satisfactory assurances that the proceeds of the sale of the proposed Industrial Revenue Bonds , when issued, will be made available to finance the Project; and WHEREAS, it is deemed necessary and advisable for the promotion of the general health and welfare of the inhabitants of the City, that the Project be constructed in the City, as aforesaid, and that the City take such action as may be required under applicable statutory provisions to authorize and issue the Series 1979 Bonds , as hereinafter defined, to finance the cost of the Project; and WHEREAS, the aggregate cost of the Project has been estimated not to exceed $500,000.00, and it is proposed to pay the cost of the Project, to that amount, through the issuance of the Industrial Revenue Bonds, Series 1979 (Kirk Gross Co. Project) the "Series 1979 Bonds") but it is first neces- sary to conduct a public hearing on the proposal to issue the Series 1979 Bonds, as required and provided by Section 419.9 of the Act; NOW, THEREFORE, Be It Resolved by the City Council of the City of Waterloo, Iowa , as follows : Section 1 . That this Council meet at the Council Chambers in the August City Hall in said City on the 27th day of tmultgr, 1979, at 7 :00 o'clock P. .M. , at which time and place a public hearing shall be held on the proposal to issue the Series 1979 Bonds in an amount currently estimated not to exceed $500,000.00, as referred to in the preamble hereof, and at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Series 1979 Bonds. Section 2. The City Clerk is hereby directed to give notice of in- tention to issue the Series 1979 Bonds by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing in the Waterloo Daily Courier, a legal newspaper published and having a general circulation within said City, in substantially the following form: -2- NO "IC.E, :F, WN TO LSc,Uf; II (?[i, '�I. i:E'i`. ;; L ONPS (KIRK GROSS CO. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Waterloo, Iowa, in the Council Chambers in City Hall in said City at 7:00 o'clock P.M. on August 27, 1979 on the proposal to issue not to exceed $500,000.00 aggregate princi- pal amount of the City's Industrial Development Revenue Bonds (Kirk Gross Co. Project) Series 1979, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of de- fraying all or a portion of the costs of an industrial development project located within said City, consisting of the acquisition of land at the corner of Murphy Road and Alexander Drive in the Jim Youngblut ,Addition, and construction of a building and improvements thereon, and acquisition and installation of certain equipment suitable for use in the operation of a facility for warehousing of building construction material, office equipment and furniture, together with related office and showroom facilities. The proposed, facility will be owned by Kirk. Gross Co. It is contemplated that a loan agreement will be entered into by the City and Kirk Gross Co. , under which the City would loan to the Company the proceeds from the sale of the bonds in return for loan payments from the Company sufficient to pay the principal of and interest and premium, if any, on such bonds as the same fall due. Such bonds, if issued, and the interest thereon will be payable solely out of the revenue derived from the said loan agreement and shall not consitute an indebtedness of said City with- in the meaning of any State constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit for taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said bonds. By order of the City Council this 6th day of August, 1979. City Clerk Section 3. In order that the project will not be unduly delayed, the Company is hereby authorized to make such commitments, expenditures and advances toward payment of the cost of the project as it considers appropriate subject to reimbursement from the proceeds of the bonds when and if delivered but otherwise without liability on the part of the City. Section 4. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval . Passed and approved August 6, 1979. Mayor Attest: City Clerk Recorded August 7 , 1979 City Clerk <4_