HomeMy WebLinkAbout1984-04-09 84-148 RESOLVERe enue Bonds (SSW Associ tes Pro 5 s 1984)
BY the MY C"ur!aft City ofBanyon.
B6BOLVED.
WHEREAS, pursuant to and in accordance with the provisions of
Title 10, Chapter 110 of the Maine Revised Statutes Annotated, as
amended (the "Act'), the City of Bangor, Maine (the "Issuer")
proposes to undertake the construction and financing of the
Project referred to below; and
WHEREAS, the Issuer is authorized by the Act, t0 acquire,
construct and improve, or cause to be acquired, constructed and
improved, industrial facilities; and
WHEREAS, the Issuer is auUn%nized by the Act to issue revenue
bonds payable solely from the revenues and receipts derived from
the sale or leasing of the facilities acquired and constructed
through the issuance of such revenue bonds; and
WHEREAS, F. W. Webb Company (the "Company"), a corporation
duly incorporated under the laws of the Commonwealth of Massachusetts
and duly qualified to do business in the State of Maine, has
established and is operating an industrial facility leased from
HSW Associates and located at 67 Target Industrial Circle; and
WHEREAS, said facility has been financed through the issuance
of $400,000 City of Bangor Industrial Development Revenue Bonds
(HSW Associates Project - Series 1982) authorized by vote of the
City Council dated September 13, 1982; and
WHEREAS, the Company proposes to expand said facility by
constructing a 9,600 square foot addition to the existing building
and the installation of certain equipment therein (the "Project");
and
WHEREAS, the Project will be owned by SSW Associates, a general
partnership consisting of certain officers of the Company; and
WHEREAS, the Company is desirous to finance the Project by the
issuance of revenue bonds as authorized by the Act; and
WHEREAS, the Company has not commenced construction of the
Project as of the date of this Resolution; and
84-148
t-c3oced
by Councilor Cox, April 9, 1984
CITY
OF
BANGOR
QITIE.) gead(iep
Providing fo
the Issuance f the City's
Re enue Bonds (SSW Associ tes Pro 5 s 1984)
BY the MY C"ur!aft City ofBanyon.
B6BOLVED.
WHEREAS, pursuant to and in accordance with the provisions of
Title 10, Chapter 110 of the Maine Revised Statutes Annotated, as
amended (the "Act'), the City of Bangor, Maine (the "Issuer")
proposes to undertake the construction and financing of the
Project referred to below; and
WHEREAS, the Issuer is authorized by the Act, t0 acquire,
construct and improve, or cause to be acquired, constructed and
improved, industrial facilities; and
WHEREAS, the Issuer is auUn%nized by the Act to issue revenue
bonds payable solely from the revenues and receipts derived from
the sale or leasing of the facilities acquired and constructed
through the issuance of such revenue bonds; and
WHEREAS, F. W. Webb Company (the "Company"), a corporation
duly incorporated under the laws of the Commonwealth of Massachusetts
and duly qualified to do business in the State of Maine, has
established and is operating an industrial facility leased from
HSW Associates and located at 67 Target Industrial Circle; and
WHEREAS, said facility has been financed through the issuance
of $400,000 City of Bangor Industrial Development Revenue Bonds
(HSW Associates Project - Series 1982) authorized by vote of the
City Council dated September 13, 1982; and
WHEREAS, the Company proposes to expand said facility by
constructing a 9,600 square foot addition to the existing building
and the installation of certain equipment therein (the "Project");
and
WHEREAS, the Project will be owned by SSW Associates, a general
partnership consisting of certain officers of the Company; and
WHEREAS, the Company is desirous to finance the Project by the
issuance of revenue bonds as authorized by the Act; and
WHEREAS, the Company has not commenced construction of the
Project as of the date of this Resolution; and
WHEREAS, the Bonds shall not be payable from the revenues
u of
the Issuer other than those derived pursuant to a saleor
agreement (the "Agreement") and related financing documents and.
shall never constitute an indebtedness of the Issuer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE -
CITY OF BANGOR, MAINE. as follows:
Section 1. That the Project constitutes a "project" under
the Act.
Section 2. That the acquisition, constructionand improvement
of the Project be and the same are hereby authorized.
Section 3. Th8ty8or the purpose of paying the cost of the
Project, the Issuer will issue Cityof Bangor, Industrial Development
Revenue Bonds (HSW Associates project Series 1984) (the "Bonds"),
which shall constitute r obligation bonds under the Act, is
an unt not t0 a eed $200,000. The Bonds shall bear interest
at the rates, shall be initially issued in the form, shall be i
such denominations, shall be numbered, shall be dated, shall mature,
shall be subject to redemption prior to maturity, shall have such-)
provisions for registration, shall he in such form and shall have
such other details and provisions as shall be prescribed by a
Supplemental Indenture (the "Indenture") to be entered into by the
Issuer and a bank acting as Trustee.
Section 4. The Bonds shall be limited obligations payable
solely from the revenues pledged to their payment and shall not be
considered general obligations of the Issuer, or the State of Maine.
The holder of the Bonds shall never have the right to demand payment
from moneys derived by taxation or any other revenues of the Issuer
except those revenues pledged to the payment oftheBonds in the
manner to be provided in the indenture.
Section S. No covenant, stipulation, Obligation Or agreement
herein contained shall be deemed to be a covenant, stipulation,
obligation or agreement of any 'officer, agent oremployeeof the
Issuer in his individual capacity.
Section 6. Any action heretofore taken by the Company in
vitiating the construction of the Project is hereby ratified,
confirmed and approved, and the Company is hereby authorized to
commence such construction.
Section 7. The Company is authorized to select underwriters
or a purchaser to prepare and submit to the Issuer proposals for
the purchase of the Bonds.
Section 8. The expenses and fees in connection with the
issuance of the Bonds shall be borne completely by the Company
or paid out of the proceeds of the Bonds.
Section 9. The City Manager of the Issuer, or such agent
shall be designated by the City Manager, is hereby;;authorized
and directed to distribute copies of this Resolution to the
Company, file all necessary applications with the Finance
Authority of Maine and to do such further things or perform
such sots as may be necessary or convenient to implement the
provisions of this Resolution and take other actions to induce
the Company to construct the Project.
Section 10. This Resolution shall constitute official
action toward the issuance of obligations to provide such
facilities for the purposes of the Internal Revenue Code of
1954, as amendedand the Federal Income Tax Regulations
thereunder.
Section 11. The issuance of the Bonds shall inall
respects be subject to the satisfaction of all the provisions
of the Act with respect thereto.
Section 12. This Resolution shall take effect immediately
In City wuncil April 9,1984 84-148
r passed _ - p E 5 0 L V E
Providing For the Isaumce Of the
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�'Glty Clero - City �Re ofi3a ( HSN Associates L('
Proj ct Se . .