HomeMy WebLinkAbout851371.tiff RESOLUTION
RE: DECLARATION OF THE COUNTY OF WELD ' S INTENTION TO AUTHORIZE
THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR THE PURPOSE OF FINANCING THE ACQUISITION OF LAND AND
CONSTRUCTION OF A MANUFACTURING FACILITY TO BE USED BY
COLORADO MANUFACTURING TECHNOLOGY, INC.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the County of Weld, Colorado, (the "Issuer" ) , a
County and a political subdivision of the State of Colorado, is
authorized and empowered by the provisions of the County and
Municipality Development Revenue Bond Act, Colorado Revised
Statutes Section 29-3-101 , et. seq. , as amended (the "Act") , to
finance a project as that term is defined in the Act, and to issue
its Industrial Development Revenue Bonds for the prupose of paying
the cost of financing the project, and
WHEREAS, Colorado Manufacturing Technology, Inc. , a Colorado
corporation , (the "Borrower" ) has requested the Issuer to issue
and sell, subject to the approval of COLE, HECOX, TOLLEY, KEENE &
BELTZ , P.C. as bond counsel ("Bond Counsel") , its Industrial
Development Revenue Bonds pursuant to provisions of the Act for
the purpose of financing the acquisition of land and construction
of a manufacturing facility on such land (the "Project) , and
WHEREAS, the Issuer wishes to declare its intention to
authorize one or more issues of its Industrial Development Revenue
Bonds for the purpose of paying the costs of financing the
Project, when so requested by the Borrower, upon such terms and
conditions as may then be mutually agreed upon by the Issuer and
the Borrower.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that it does hereby
declare its intention to authorize the issuance and sale of
Industrial Development Revenue Bonds of the Issuer in one or more
series, subject to the approval of Bond Counsel, under and in
accordance with the Act, in amounts necessary to pay the cost of
financing the Project, presently estimated to be in the aggregate
amount of $2 ,500 ,000 . 00 , and upon such terms and conditions, as
may be mutually agreed upon by the Issuer and the Borrower, the
issuance and sale of such bonds to be authorized by Ordinance of
the Issuer adopted pursuant to Issuer' s Home Rule Charter. Such
bonds shall never constitute the debt or indebtedness of the
Issuer within the meaning of any provision or limitation of the
Colorado Constitution, statutes or Issuer' s Home Rule Charter, and
851371
Page 2
RE: IDRB INTENT - COLORADO MANUFACTURING TECHNOLOGY, INC.
shall not constitute nor give rise to a pecuniary liability of the
Issuer or a charge against its general credit or taxing power.
BE IT FURTHER RESOLVED by the Board that as a condition to
the issuance of the bonds, such bonds shall be issued only if they
are granted a State of Colorado allocation from the Statewide
Balance for "Private Activity Bonds" for 1985 pursuant to the
State of Colorado Governor' s Executive Order Number D0062-84 ,
dated December 21 , 1984 , and Colorado Revised Statutes Section
24-32-1402 et seq. , as enacted by Senate Bill Number 108 of the
General Assembly of the State of Colorado, in the amount of
$2 ,500 ,000 .
This Resolution shall be in full force and effect from and
after its passage and approval.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
June, A.D. , 1985.
/ BOARD OF COUNTY COMMISSIONERS
ATTEST: irl, Gt M4-7 r^ WELD COUNTY, ORADO
u.Weld County Clerk and Recorder
and Clerk to the Board �J cqu ine Jo n on, Chairman
EXCUSED
BY: Gene R. Brantner, Pro-Tem
Deputy County Cle k y
APPROVED AS TO FORM: C. RK /
O L
County Attorney ��
Frank Yama
NOTICE OF PUBLIC HEARING
on
THE ISSUANCE OF WELD COUNTY, COLORADO
INDUSTRIAL DEVELOPMENT REVENUE BONDS
COLORADO MANUFACTURING TECHNOLOGY, INC. , SERIES 1985
IN THE AGGREGATE PRINCIPAL AMOUNT OF $2 ,500 ,000
DOCKET NO. 85-37
PUBLIC NOTICE IS HEREBY GIVEN that the Board of County
Commissioners (the "Board" ) of Weld County, Colorado (the
"County") will hold a public hearing at the regular meeting of
the Board to be held in the First Floor Hearing Room, 915 10th
Street, Greeley, Colorado, on Monday, June 17 , 1985 , at or
about 9 :00 a.m. on the proposed issuance by the County of its
Industrial Development Revenue Bonds (Colorado Manufacturing
Technology) , Series 1985 (the "Bonds") , in the aggregate
principal amount of $2 ,500 ,000 to finance the cost of the
acquisition, construction and improvements of 46 ,000 square
feet building on ten acres. The Project will be located at
71st Avenue and Fourth Street in the City of Greeley,
Colorado. The Bonds and the interest thereon shall never
constitute the debt or indebtedness of the County, within the
meaning of any provision or limitation of the State
Constitution or statutes, and shall not constitute nor give
rise to a pecuniary liability of Weld County, Colorado, or a
charge against the general credit or taxing powers thereof.
All interested persons may appear and be heard on the
issuance of the Bonds and the location and nature of the
proposed Project.
On a date to be determined but following the public
hearing, the Board will consider and act upon a resolution
approving the issuance and delivery of the Bonds by the County.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: May 29 , 1985
PUBLISHED: May 30 , 1985 , in the Johnstown Breeze
.... --
AFFIDAVIT OF PUBLICATION
^n eB THE JOHNSTOWN BREEZE
a DO tirstn STATE OF COLORADO )
BF ) tiff
ani= COUNTY OF WELD )
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
ti5. SIL, j 4=. printed, in whole or in part, and published
P1Ua `Llc itlaetif in the County of Weld, State of Colorado,
GWEN that the fly8,1 and has a general circulation therein: that
WeldCounty,rat tie Colorado 0�he said newspaper has been published
a�iad°w"dofa wml . continuously and uninterruptedly in said
the Board to be in the County of Weld for a period of more than
Floor Hearing Room, 915 10th
Street, Giay Colorado, on fifty-two consecutive weeks prior to the
tint g�''ne 1T, 1985, at w first publication of the annexed legal notice
top bY`ra ' g` Ws, or advertisement; that said newspaper has
laduatdal to ennise been admitted to the United States mails as
Bonds tColorapp Manufacturing
Technology). Series 1985 One second-class matter under the provisions of
"Bonds'), in the aggregate
principal amount of $2,500,000 the Act of March 3, 1879, or and
to finance the cost of the amendments thereof, and that said
acquisition, construction and
Improvements of 48,000 square newspaper is a weekly newspaper doh
feet building on ten acres. The
Project will be located at 71st qualified for publishing legal notices and
Avenue and Fourth Street :r. the' advertisements within the meaning of the
City of Greeley. Colorado. The
Bonds and the Interest thereon laws of the State of Colorado.
shall never constitute-the debt w That the annexed le al notice or advertise-
;indehtedneeS of the County, g
I within the meaning of any ment was published in the regular and
provision or limitation of the
State Constitution or stature, entire issue of every number of said weekly
and shag not constitute nor give newspaper far the period of consecu-
Weld rise to a pecuniary )lability w
County, Colorado, or a tive insertions; and that the first
charge against the general credit
or taxing powers thereof. publication of said notice was in the issue of
said newspaper dated 5--
All interested persons may
38? A.D. l g2-
appear and be heard on the and that the last publication of said notice
issuance of the Bonds and the was in the issue of said newspaper dated
location and .nature of the
proposed Project , A.D. 19
On a date to be determined but In witness whereof I have hereunto set
following the public hearing, the my hand this ...3./ day of .h4r2`-,7
Board will consider and act
upon a resolution approving the A.D. 19 -5-
issuance and delivery of the
Bonds by that County
BOARD OF COUNTY
,'-"' P..
COMMISSIONERSELDCOUNTY,
" r Q/
WELD COUNTY, Publisher
COLORADO
BY: MARY ANN
FEUERSTEIN
COUNTY CLERK AND Subscribed and sworn to before me, a
RECOR° R ANp CLERK
TO THE BOARD Notary Public in and for the County of
BYi Mary Relit, Deputy Wel`� State of Colora gjhis .3/ day of
DATED: May 28. 1985 ..71/40-7,... A.D. 19 P
PUBLISHED: May 30, 1985, in _ v
the Johnstown 'Breeze11/7%7
/ 1,w�� /
2 n Parish Ave Rotor} Public.
Jonn;town, CO 80534
My commission expires
( is I._
DATE: May 29 , 1985
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 17th day of June, 1985 , at or about 9 :00
A.M.
Docket No. 85-37 - IDRB, Colorado Manufacturing Technology, Inc.
OFFICE OF A THE CLE TO THE BOARD
BY: 021.17. . - Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
obese 162-led,"��I/7/
STATE OF COLORADO
Department of Local Affairs otCo,0
am
DIVISION OF LOCAL GOVERNMENT eAR.
Pat Ratliff, Director "ran.
'
Richard D. Lamm
Governor
NOTICE OF GRANT OF AUTHORITY TO
ISSUE PRIVATE ACTIVITY BONDS
Be it known that on June 26, 1985 , the Colorado Depart-
ment of Local Affairs did notify The County of Weld
that The County of Weld
had been granted an allocation from the Statewide Balance to issue
$ 2,500,000.00 in Private Activity Bonds. Said Private
Activity Bonds shall be used by the entity to finance costs associated
with Colorado Manufacturing Technology, Inc.
The authority to issue said bonds, granted herein, shall be valid
through September 24, 1985
pursuant to Colorado Revised Statute 24-32-1409(4) .
-
This Notice is given in accordance with Colorado Revised Statute
24-32-1409.
Moreover, I hereby certify that this grant of authority to issue Pri-
vate Activity Bonds is not a result of any bribe, gift, gratuity, or direct
or indirect contribution to any political campaign. This certification is
given pursuant to Section 103 (n) 12(A) of the Internal Revenue Code.
STATE OF COLORADO A� A D $�
DEPARTMENT OF LOCAL AFFAIRS Administrator of Statewide Balance
1313 Sherman St., Room 518
Denver, Colorado 802Q3
June 26, 1985
Date
1313 Sherman Street, Room 520, Denver, Colorado 80203 (303)866-2156
STATE OF COLORADO
Department of Local Affairs oeic%
Nei
DIVISION OF LOCAL GOVERNMENT 8
Pat Ratliff, Director *Ian,
Richard D. Lamm
June 26, 1985 Governor
Mr. Don Warden
Director of Finance, Weld County
P. O. Box 758
Greeley, CO 80632
Dear Don:
Please find enclosed a copy of a grant of authority to issue
Private Activity Bonds. If you have any questions regarding
this grant, please contact me.
Sincerely,
duke -be-ec
•
Julia A. Dole
Financial Advisor
Division of Local Government
JD/vt
Enclosure
1313 Sherman Street, Room 520, Denver, Colorado 80203 (303) 866-2156
COLE , HECOX , TOLLEY , KEENE & BELTZ , P . C .
ATTORNEYS AT LAW
PO BOX 316
316 NORTH TEJON STREET
COLORADO SPRINGS.COLORADO 80901
TELEPHONE.(303)473-4444
PHILIPG COLE IRETI
LAWRENCE A HECOX
GERALD G TOLLEY
KENNETH P KEENE
W THOMAS BELTZ
JOHN W SABO,III
BRUCE N.WARREN
BRUCE A.KOLBEZEN
STUART W McKINLAY
EDWARDM MCCORD June 11, 1985
H WILLIAM MAHAFFEY
CYNTHIA MACE DUDE
THOMAS D.UNDERBRINK
THOMASL KENNEDY
ANN S IRWIN
Tom David
County Attorney
Weld County
P. 0. Box 758
Greeley, CO 80632
RE: Colorado Manufacturing Technology Inducement
Resolution
Dear Mr. David:
In reviewing the Inducement Resolution I previously
forwarded to you, I discovered that I had understated
the amount of bonds to be issued by Weld County. The
original Resolution provided for the issuance of
$2 ,250, 000 of bonds to be issued, when, in fact, our client
has applied for the issuance of bonds aggregating
$2 ,500, 000.
I am therefore enclosing an original and two
copies of a Resolution which has been revised to
indicate that our client is applying for $2, 500, 000
worth of bonds.
If you have any questions concerning this matter,
please call.
Sincerely,
' rr) 1
H. William Mahaffey , ./1/
HWM/tep
Enclosures
*--15 ((\cti-s;.\1MEMORAnDu
Board of County mmission s May 28, 1985
To Date
Don Warden
COLORADO From _
CMT Industrial Revenue Bond Application
Subject:
The attached CMT Industrial Revenue Bond Application is in compliance with
Ordinance 69-A. Staff recommends approval with the following conditions:
1. Ballard, Spahr, Andrews, and Ingersoll sign-off as bond counsels on
all bond documents.
2. Approval should be conditional upon the state awarding the project a
bond allocation of $2.5 million.
3. Approval is conditional upon no proposed federal legislative change in
the tax code that would adversely impact the issuance of these bonds
or preclude the Board from issuing these bonds on a tax-exempt basis.
The approval of this project is a policy issue.
JJ
GB
BR
GL
FY
LAW OFFICES
BALLARD, SPAHR, ANDREWS a INGERSOLL
SEVENTEENTH STREET PLAZA BUILDING 30 SOUTH 17TH STREET
PHILADELPHIA, PA. '9103
SUITE 2300 215 564-1800
1225 17TH STREET TELECOPIER:215 496-0318
TELEX: 83-4532
DENVER, COLORADO 80202 -'-
SUITE $100
303 292-2400 1850 K STREET, N.W.
TELECOPIER:303 296-3956 WASHINGTON, D. C.20006
202 466-5800
TELEX:90-4185
GEORGEANN BECKER
June 6, 1985
VIA EXPRESS MAIL
Mr. Donald D. Warden
Director of Finance and Administration
Weld County
P.O. Box 758
915 10th Street
Greeley, Colorado 80632
Re : Weld County, Colorado
Proposed Industrial Development Revenue
Bonds (Colorado Manufacturing Technology,
Inc . Project)
Dear Don:
This will confirm that we are consulting with and assisting
the law firm of Cole, Hecox, Tolley, Keene & Beltz, Colorado
Springs, Colorado, as the proposed bond counsel for the
above-referenced matter. Jack Gardner and I will be the attorneys
in this office providing such assistance and you should feel free
to contact us at any time. We look forward to working with the
County again, with the attorneys from Cole, Hecox and with
representatives of Colorado Manufacturing Technology, Inc.
Very truly yours,
Georgean ecker
GB/kg
cc : Thomas O. David, Esq.
Hugh W. Mahaffey, Esq.
Larry Firestone
Misc-23
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