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HomeMy WebLinkAboutReso IDA 2-1984RESOLUTION NO. IDA 2-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ACTING AS THE BOARD OF DIRECTORS OF THE SOUTH SAN FRANCISCO INDUSTRIAL DEVELOPMENT AUTHORITY ACCEPTING APPLICATION OF MERCEDES-BENZ OF NORTH AMERICA FOR INDUSTRIAL REVENUE BOND FINANCING, MAKING FINDINGS WITH RESPECT THERETO, AUTHORIZING OFFICIAL ACTION, AND SETTING PUBLIC HEARING SOUTH SAN FRANCISCO INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the South San Francisco Industrial Development Authority (the "Authority") is an industrial development financing authority duly formed and existing under the California Industrial Development Financing Act (Government Code Sections 91500, et seq.) (the "Act") and is authorized under the Act to issue and sell its tax-exempt industrial revenue bonds for the purpose of providing financing for the acquisition, construction and improvement of certain industrial projects located within the City of South San Francisco; and WHEREAS, Mercedes-Benz of North America (the "Company") has requested the Authority to issue and sell its revenue bonds for the purpose of financing certain manufacturing and related facilities <the "Project") to be acquired, expanded and improved by the Company within the City and the Authority wishes to induce the Company to construct and improve said manufacturing and related facilities in the City; and WHEREAS, an application (the "Application) has been filed with the Authority by the Company in accordance with Section 91529 of the Act, and the Company has requested the Authority to make its determination pursuant to Section 91530(c) of the Act; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purposes of 'the Authority that it authorize bonds for the aforesaid purposes; NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ACTING AS THE BOARD OF DIRECTORS OF THE SOUTH SAN FRANCISCO INDUSTRIAL DEVELOPMENT AUTHORITY (HEREINAFTER THE "BOARD") AS FOLLOWS: l. The Board hereby accepts the Application of the Company on file with the Secretary of the Authority for the financing of proposed manufacturing facilities of the Company described in said Application. Acceptance by the Board of said Application shall in no way obligate the Authority preliminarily to undertake the Project. 2. The Board has duly considered the Application of the Company, and other information provided, and hereby finds and determines (a) that it is likely that the undertaking of the Project by the Authority will be a substantial factor in the accrual of each of the public benefits from the use of the Project as proposed in the Application; (b) that the activities and uses of the Project are in accord with Section 91503 of the Act, and (c) that the Project is otherwise in accord with the purposes and requirements of the Act. 3. The Board hereby authorizes the issuance and sale of bonds of the Authority pursuant to the Act and the procedures specified therein in a principal amount of not to exceed Seven Million Dollars ($7,000,000) for the purpose of financing the Project, to wit, the acquisition of a site and a building and improvements and additions to such a building for use as a vehicle preparation center, a facility for receiving, storage, delivery, wholesale preparation, quality control, repair of damages and related and appurtenance structures, facilities and equipment to be located at 513 Eccles Avenue in the City. The Application on file with the Secretary is referred to for further particulars. Such authorization shall be for the purpose of inducing the Company to unOertake to acquire, improve and develop such project and, in particular, to do so at such location. 4. The issuance and sale of said bonds shall be upon such terms and conditions as may be mutually agreed upon by the Authority, the Company and the purchaser of said bonds and shall be authorized by resolution of the Board of Directors of the Authority at a meeting duly held and conducted for such purpose. 5. The proceeds of the bonds shall include such related and necessary issuance expenses, administrative costs, debt service reserves and interest payments as may be required to accomplish successfully the financing. 6. The Secretary of the Authority is hereby authorized and directed to cause notice of the filing of the Company's Application, as amended or supplemented, to be published in accordance with the requirements of Section 91530(e) of the Act. 7. Wednesda.y , the27_t~ay of June , 1984, at the hour of 8:00 p.m. o'clock p.m., in the regular meeting place of this Board, be, and the same are hereby appointed and fixed as the time and place when and where the public hearing will be held in regard to the issuance of tax-exempt industrial development revenue bonds for the financing of the Project. 8. The Secretary is authorized and directed to cause notice of said hearing to be published one time no fewer than fourteen (14) days prior to the date of said hearing in the Enterprise Journal, a newspaper published and circulated in the City of South San Francisco. Said notice shall be substantially in the form attached hereto as Exhibit A. 9. The Secretary is further authorized and directed 1o certify and file a copy of this Resolution and the Application with the City Clerk of the City of South San Francisco. 10. The Executive Director is further authorized and d~rected, upon receipt of certification of approval, conditionally or unconditionally, of the Project and of issuance of bonds therefor, by the City Council of the City of South San Francisco, to transmit to th~ California Industr.ial Development Financing Advisory Commission (the "Commission") th~s Board's request 1hat Commission make its determinations in regard to the Project, together with such ~nformat~on as may be required by the ~mm~ss~on. PASSED AND ADOPTED this 9th day of May, 1984, by the following called vote' AYES: NOES: Directors Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT~ None Attest' App~o form: 1588M 2HHN:HHM:sss 5/02f84 EXHIBIT A TO RESOLUTION NO. IDA 2-84 NOTICE OF PUBLIC HEARING and NOTICE OF FILING OF APPLICATION OF'MERCEDES-BENZ OF NORTH AMERICA FOR INDUSTRIAL DEVELOPMENT FINANCING SOUTH SAN FRANCISCO INDUSTRIAL DEVELOPMENT AUTHORITY Notice ts hereby g~ven tha't an Application for Industrial Development F~nancing has been filed by Mercedes-Benz of North America (the "Company") on May 24 1984, and that a public hearing will be conducted before the South San Francisco Industrial Development Authority(the "Issuer"), at 33 Arroya Drive, South San Francisco, California 94080, on June 27 , 1984, at 8:00 p.m., on the proposal to issue not more than $7,000,000 aggregate principal amount of the South San Francisco Industrial Development Authority Industrial Development Revenue Bonds (Mercedes-Benz of North America P~oject), pursuant to the provisions of the California Industrial DeveloPment Financing Act, California Government Code §§91500, et seq., as amended, for the purpose of providing the cost of an ~ndustrial development project consisting of the acquisition of .a site and a building and the construction of ~mprovements and additions to such building for use as a vehicle preparation center facility for receiving, storage, delivery, wholesale preparation, quality control, repair of damages and related and 'appurtenance structures, facilities and equipment (the "Project"). The Project w~tl be owned by the Company. It is contemplated that a loan agreement will be entered ~nto between the Issuer and the Company, under which the Issuer would provide the proceeds from the sale of the Bonds to the Company in return fo~- loan payments from the Compan~ sufficient to pay the princ~pa~ of and ~nterest and premium, if any, on the Bonds as the same fall due. ~e~ther the faith and credit nor the ta×~ng power of the State California or the South San Francisco Industrial Development Author-ity will be pledged to the payment of the principal of, premium, if any, or interest the Bonds, nor w~ll the State of California or the City of South San Francisco~ ~n any manner be obligated to make any appropriation for payment. The Project is located at 513 Eccles Avenue in the C~ty of South San Francisco, California 94080. Reference ~s hereby made to the Application on file with the Secretary of the Authority for further particulars. All local residents and members of the public who appear at this hearing shall be given an opportunity to express their v~ews, both orally and in writing, for or against the Project and the proposal to issue the Bonds. South San Francisco Industrial Development Authori ty