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Resolution 06-003 Issuance of Non-Recourse Revenue Bonds CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 06-003 A RESOLUTION APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT CORPORATION OF SPOKANE COUNTY, WASHINGTON OF NON-RECOURSE REVENUE BONDS, SERIES 2006A (MACKAY MANUFACTURING, INC). WHEREAS, the Board of County Commissioners of Spokane County, Washington, by Resolution No. 82-0160, adopted on February 23, 1982, created The Industrial Development Corporation of Spokane County, Washington (the "IDC") pursuant to chapter 39.84 RCW, as amended; and WHEREAS, the IOC expects to issue $1,300,000 of Non-Recourse Revenue Bonds, Series 2006A (MacKay Manufacturing, Inc., Project) (the "Bonds") and loan the proceeds thereof to MacKay Manufacturing, Inc. to finance: (i) a portion of the cost of acquiring, constructing and installing equipment used in the manufacture of surgical and electronic components (the "Project") and (ii) a portion of the costs of issuance of the Bonds; and • WHEREAS, R.CW 39.84.060 provides that the IDC cannot issue the Bonds except upon the approval of both the municipality under the auspices of which it was created, which is Spokane County, Washington (the "County") and the county, city or town within whose planning jurisdiction the Project lies. This Resolution is being adopted by the City as a direct result of that statutory requirement; and WHEREAS, the equipment to be purchased as part of the Project will be installed at the manufacturing facility located at 10011 East Montgomery Avenue, Spokane Valley, Washington, which is within the boundaries of the City; and WHEREAS, on April 11, 2006, the IDC's Board of Directors adopted Resolution No. 2006-02 approving the issuance of the Bonds anticipates approving the issuance of the Bonds. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section .1. Approval of Issuance of Non-recourse Revenue Obligations Pursuant to RC\V 39.84.060. Pursuant to the request of the IDC, the City Council hereby approves the issuance of the Bonds by the IDC for Mackay Manufacturing, Inc., under the terms and conditions of, and for the purposes provided in chapter 39.84 RCW, and within the meaning of RCW 39.84.060. Section 2. In approving the issuance of the Bonds, the-City Council does not assume any responsibility with respect to any payments due thereunder. In accordance with RCW 39.84.060, (i) the City is not obligated to pay the principal of or the interest on the Bonds; (ii) no Resolution 06-003 Revenue Bonds,Mackay Mfg. Page 1 of 2 tax funds or governmental revenue of the City may be used to pay the principal of or the interest on the Bonds; and (iii) neither the faith and credit nor the taxing power of the City is pledged to the payment of such principal or interest. Any Bond issued as a result of this Resolution shall contain on its face statements the limitations set forth in Section 2 (i)—(iii) of this Resolution. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this 11th day of April, 2006 City of Spokane Valley t • Mayor Diana Wilhite ATT S • City Clerk, Christine Bainbridge , Approved as to Form: Office of the Cr r Attorn- Resolution 06-003 Revenue Bonds,Mackay Mfg. Page 2 of 2 on Sun,pokane Valley 11707 E.S ra ue Ave. • Suite 106 • Spokane Valley,p g p WA 99206 (509)921-1000 • Fax(509)921-1008 • cityhall@spokanevalley.org April 17, 2006 Debbie Yates,Paralegal Koegen Edwards LLP 1001 Fourth Ave.,Suite 2580 Seattle, WA 98154 RE: MacKay Manufacturing Project Dear Debbie: Enclosed please find a certified copy of our Resolution Approving the Issuance by the Industrial Development Corporation, of non-recourse revenue bonds, which resolution was approved by our Council at their April 11 council meeting. Please disregard the letter sent to you previously as it contained the incorrect Resolution number. I apologize for any inconvenience this may have caused. Sincerely, Chris Bainbridge, CMC Spokane Valley City Clerk ieb Enc. • • OP San,pokane \' il1ey 11707 E.S Sprague ue Ave. • Suite 106 • S okane Valle WA 99206 P 9 Spokane y� CITY O(F 5 0S9P) O9KA1N0E 0 V• FAaL x ( EY 921-1008 • cityhall @spokanevalley.org OFFICE OF CITY CLERK • I, Christine Bainbridge, City Clerk of Spokane Valley, Washington, do hereby certify that the . attached is a true and correct copy of City of Spokane Valley Resolution 06-003 approved during the April 1 I council meeting of the Spokane Valley City Council. Witness my hand and official seal this 17th day of April, 2006. Christine Bainbridge, Spokane Valley City Clerk •