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HomeMy WebLinkAboutR80-24 Requests for Development Revenue Bond FinancingRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80 - a �l ESTABLISHING POLICIES AND CRITERIA FOR THE CONSIDERATION OF REQUESTS FOR DEVELOPMENT REVENUE BOND FINANCING BY THE COUNTY OF EAGLE, STATE OF COLORADO. WHEREAS, the County of Eagle, State of Colorado, a body corporate and politic, by and through it's Board of County Commissioners, hereinafter referred to as the "Board ", has the authority to issue development revenue bonds, notes or other obligations pursuant to the County and Municipality Development Revenue Bond Act, as set forth in Section 29 -3 -101 et seq. C.R.S. 1973, as amended; and WHEREAS, to the extent the County encourages the location, relocation, or ex- pansion of manufacturing, industrial, agricultural, or commercial enterprises within the County by issuance of development revenue bonds, notes or other ob- ligations, it is the desire of the Board to establish policies and criteria which will be followed by the County in reviewing and evaluating aoplication for the County's issuance of said development revenue bonds, notes or other obligations; and WHEREAS, all such action provided under this Resolution shall be taken only when the same is exercised for the benefit of the inhabitants of Eagle County and for the promotion of their public health, welfare and safety, convenience, and prosperity. NOW, THEREFORE be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado, that the following policies and criteria shall be con - sidered by the Board in the review and analysis of all applications for development revenue bonds, notes or other obligations. SECTION ONE DECLARATION OF POLICY 1.1 The Board shall make all necessary determinations of the desirability of projects and shall not delegate this determination to any agent, contractor or employee of the County. 1.2 The project shall be on the County's tax rolls and in the event it is deemed non - taxable a payment in lieu of ad valorem taxes shall be paid in the same amount and manner as if the ownership had remained in private hands. 1.3 The County shall require information and proof of such matters necessary to establish the bona fide purposes of the applicant, while not unnecessarily divulging information to the competetive disadvantage of the applicant. 1.4 The County shall, in performing it's duties, seek to protect and enlarge the fiscal reputation of the County. 1.5 The County shall not employ the provisions of the County and Municipality Development Revenue Bond Act to industries presently located in other parts of the State of Colorado if such act is to induce removal of these industries from their present location. 1.6 The County reserves the right to modify, waive or delete any of the requirements outlined in this Resolution if it is determined to be for the health, welfare and public safety of the citizens of the County of Eagle. SECTION TWO COUNTY PLANNING CRITERIA 2.1 All proposed projects shall be in accordance with and shall meet the goals, concepts and objectives for development as set forth in the County's comprehensive master plan. 2.2 The property on which any such project is to be located shall be within the County of Eagle, and such property shall have affixed thereto a zoning district classification which permits the proposed project use. 2.3 The plans for the proposed project shall be in strict compliance with appropriate zoning and subdivision regulations. 2.4 All proposed projects shall prove availability of adequate water, sewer, and utility services prior to approval by the Board. SECTION THREE APPLICATION REQUIREMENTS 3.1 Five (5) copies of the application for issuance of development revenue bonds, notes or other obligations for projects set forth herein shall be submitted to the County Administrative Assistant in the form prescribed in Exhibit "A" attached hereto and incorporated by this reference at least thirty days before consideration of such application by the Board. 3.2 Within ten (10) days following receipt of a completed application for issuance of development revenue bonds, etc., the Board shall determine and set an application fee in an amount necessary to defray the County's expenses in the review of the application including, but not limited to, the retention of consultants to assist the County in its analysis, and shall notify the app- licant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Board non - refundable certified funds in the amount as set. Until the fee is paid to the Board, the application shall not be further processed. SECTION FOUR SUBMITTAL AND REVIEW OF APPLICATION FILE 4.1 The application file referred to in Section 3.1 shall be forwarded by the County Administrative Assistant to the County Attorney and the Director of the Department of Community Development for their review. Upon completion of the review of said application, the County Attorney and the Director of the Department of Community Development shall forward it with recommendations to the Board of County Commissioners. 4.2 The County Administrative Assistant shall place said application on the Board's public meeting agenda when the applicant has submitted the application fee as provided in Section 3.2 herein. 4.3 The Board of County Commissioners shall review the material and evidence sub- mitted and shall at their full and complete discretion make their final decision either approving or disapproving the issuance of the development revenue bonds, notes or other obligations for the proposed project. If said application is approved, said approval shall be evidenced by the adoption of a preliminary Resolution by the Board. Said Resolution shall only be a conditional intent of the Board to proceed with the bond issue, and final approval shall be given only by subsequent Resolution of the Board when the final terms and provisions of the financing are determined. The preliminary Resolution, if passed, shall be effective only for a period of six months, unless extended by further Resolution of the Board. 4.4 If a preliminary Resolution is duly adopted by the Board, the applicant shall proceed to prepare all documentation and to take all other necessary steps relevant to the completion of the financing. SECTION FIVE DETERMINATION OF FEE 5.1 In addition to the application fee set forth hereinabove, the Board, as prescribed by law, shall have the authority to charge a financing fee payable at the time of the issuance of the development revenue bonds, notes or other obligations. 5.2 Said fees shall be determined and agreed upon by the respective parties prior to the Board adopting a final Resolution authorizing the issuance of said bonds, notes or other obligations. 5.3 The Board shall, in it's sole dicretion, determine the amount of said fee, taking into consideration the following factors: a. The size of the bond issue i.e. one million dollar bond issue compared to a fifteen million dollar bond issue. b. The fee which has been charged in connection with previous bond issues. c. Yeild restrictions set forth in arbitrage reaulations. d. The expenses of the County incurred or expected in the issuance of said bonds, notes or other obligations. SECTION SIX ADDITIONAL CONDITIONS 6.1 The Board may, in its discretion, and if applicable, require the retention of bond counsel, acceptable to the Board, to prepare all relevant documents and to submit a letter to the Board of County Commissioners prior to any action of the Board with respect to the bond issue stating the bond counsel's representation of the issuer and the right of the issuer to rely on it's opinions. 6.2 The Board may, in it's discretion, require legal opinions from the various legal counsel involved in said bond issue stating that the County's under- taking of such a bond issue is legal; that the applicant shall indemnify the County, it's Commissioners, officers, agents and employees, past, present and future against and save the County and all such persons harmless from, all claims, liabilities, expenses and demands whatsoever arisina out of the County's undertaking of the review, consideration, or financing of the Project; that any bonds or other obligations issued by the County in respect of the applicant's project shall not constitute indebtedness of or pledge the faith and credit or taxing power of the County, but shall be special, limited obligations, payable solely from the revenues derived from payments to be made by applicant or others in respect of the financing of the applicant's project; that the applicant's project constitutes a "protect" for the purposes of the County and Municipality Development Revenue Bond Act; and that the project will promote the public purposes of the Act and the safety, welfare, convenience and prosperity of the inhabitants of Colorado and the County of Eagle by promoting industry and developing trade, mitigating a threat of unemployment and securing and maintaining a balanced and stable economy of Colorado and the County of Eagle. 6.3 The Board may, in it's discretion, require the submittal of additional infor- mation and /or opinions as deemed appropriate and necessary relative to the County's undertaking of the proposed project and issuance of the bonds thereto. b' This resolution is necessary for the health, safety, and welfare of the citizens of the County of Eagle. MOVED READ AND UNANIMOUSLY ADOPTED at a regular meeting of the Board of County Commissioners, County of Eagle, State of Colorado, held this Gel— day of � I , 1980. ATTEST: r Cl of the Board Co my Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and through it's BOARD OF COUNTY COMMISSIONERS By: J 'L. Dale F. Grant, Chairman (Five copies of :: Application must be submit, —�l to the County Administrative Assistant along with the Application Fee) Name of Applica Address: EXHIBIT "A" APPLICATION FOR ISSUANCE OF DEVELOPMENT REVENUE BONDS BY THE COUNTY OF EAGLE, STATE OF COLORADO Street: City: State Zip Telephone: ( ) Type and State of Organization Applicant's representative responsible for this application: Name Telephone: Address: Stree City: 11 1. DESCRIPTION OF APPLICANT (attach seperate sheet describing following items) a. A history of the applicant b. The growth of the applicant c. Principal products d. Parents, subsidiaries, and /or affiliates e. Plant facilities f. Employees g. Applicant's financial statements dated within sixty days of the application date. h. Copies of the applicant's audited financial statements for the pre - ceeding five (5) years. i. Location of applicant's business enterprises within the State of Colorado 2. MANAGEMENT A resume' of principal and key employees of applicant, including directors, partners, and officers. (attach separate sheet) W 3. CUSTOMER CREDIT REFERENCES - List complete nailing address, with zip code, telephone number, and person to contact of three (3) ma.lor customers of applicant and the annual sales to each for the preceding two years. a. b. c. 4. BANK CREDIT REFERENCES - List name, complete mailing address, with zip code, telephone number, and person to contact of three (3) bankers or credit sources which have had a substantial workinq relationship with the applicant's business dealings within the preceding two years. a. b. c. 5. PROPOSED PROJECT TO BE FINANCED THROUGH THE COUNTY OF EAGLE a. Location of proposed project b. The funds received from the sale of the development revenue bonds shall be used to (the general nature of the proposed project): c. Market area to be served; d. The project constitutes a "project" for the purposes of the County and Municipality Development Revenue Bond Act and satisfies the public purpose of said Act because: e. It is presently estimated that construction will begin on or about , 19 and will be completed on or about , 19 When completed, there will be approximately new jobs created by the project at an annual payroll of approximately $ based upon currently prevailing wages. f. The size of the project will be approximately 6. ESTIMATED COST OF PROJECT (do not include working capital) a. Detailed list of the assets to be purchased or constructed, including equipment and real estate to be aquired, and the estimated costs thereto. b. Detailed list of expenses incidental to the acquisition or purchase of assets, including costs of the sale of the development revenue bonds. c. Estimated total costs of the project $ 7. WORKING CAPITAL (Furnished by company for this project) (Cover fully in attachment) a. Applicant's funds $ b. Loans (Indicate source) $ 0 c. Other sources $ d. Total $ FINANCING OF THE PROJECT. a. Estimated face amount of issue $ b. The tenative term of the financing is _years, commencing 19 c. Attach a bond redemption and interest payment schedule using estimated interest rates at time of application. d. Attach a loan repayment schedule or formula for retirement of the bonds and cost of maintaining project in good repair and properly insured. e. Presented herewith is a bank commitment or other evidence that the proposed development bond issue can be sold through an acceptable underwriter or to an experienced investor or group of investors. f. Names of underwriters and /or fiscal agents g. Names of legal counsel involved in transaction: Counsel for issuer Counsel for Company and /or applicant Bond Counsel h. Name of trustee bank (if selected) i. A comprehensive opinion by the applicant's legal counsel of any litigation, real or threatened, which could directly or indirectly affect the issuance of development bonds. j. The structure of the financing is proposed as follows: (describe principal agreements, guarantees, security, etc.) 9. APPLICANT'S UNDERTAKINGS a. Applicant hereby confirms all of the representations and other information shown in this application and the documents submitted herewith, and requests that the Board of County Commissioners of Eagle County, Colorado approve the financing of the Project, subject to such conditions as the Board, in its discretion, shall require. b. Applicant hereby acknowledges receipt of a copy of the Resolution of the Board adopted 1980 establishing the policies and criteria of the Board for consideration of revenue bond financing, and applicant agrees to the terms of such resolution. c. Applicant hereby acknowledges and agrees to submit an application fee in an amount as determined by the Board within ten (10) days after receipt of a notice by the Board stating said amount and acknowledges that if said application fee is not paid to the Board, the application shall not be further processed; and, further, the applicant hereby agrees that it shall pay all reasonable ex- penses incurred by the County in its review, consideration and undertaking of the financing of the project. Applicant further agrees to indemnify the County, its commissioners, officers, agents, and employees, past, present and future, against, and save the County and all such persons harmless from, all claims, liabilities, expenses and demands whatsoever arising gut of the County's under- taking of the review, consideration or financing or the project. d. Applicant understands that any bonds or other obligations issued by the County in respect of the project shall not constitute in- debtedness of or pledge the faith and credit or taxing power of the County, but shall be special, limited obligations, payable solely from the revenues derived from payments to be made by applicant or others in respect of the financing of the project. IN WITNESS WHEREOF, the Applicant has caused this application to be signed in its name and delivered on its behalf to Eagle County, Colorado by its duly authorized officer. (NAME OF APPLICANT) Dated: 19