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HomeMy WebLinkAboutSolid Waste Disposal Facility Augusta Richmond GA DOCUMENT NAME: SO\\C~ \..DO..S\e Q.\S\)O&)J.. -00ulrty DOCUMENT TYPE: '\)'(c:l;O~\ YEAR: C\<O BOX NUMBER: C}-\ FILENUMBER: \~~lS NUMBER OF PAGES: ~ " ....... - t'" ( ~ - . . DEVELOPMENT AUTHORITY OF RICHMOND COUNTY P. O. Box 657 Augusta, Georgia 30903 '7' STAFF Phone: (706) 821-1300 Fax: (706) 821-1330 . COUNSEL Phone: (706) 722-2651 Fax: (706) 722-2652 March.13, 1998 Honorable Larry Sconyers Mayor of Augusta, Georgia Augusta, Georgia -..... , RE: Proposed Solid Waste Disposal Facility Financing by Development Authority of Richmond County for Evergreen Nylon Recycling Company, LLC Evergreen Nylon 'Recycling Company, LLC (the "Company") has requested that the Development Authority of Richmond County (the "Issuer") assist the Company in financing, in whole or in part, the cost of the acquisition, construction and installation of certain solid waste disposal facilities (the "Facilities") of the Company or a related company intended to recycle 100% post-consumer waste and miscellaneous post industrial waste carpet fiber into a high-grade raw material suitable for producing fiber to be used in the manufacture of new carpet products, to be located in Augusta, Georgia by issuing its revenue bonds for that purpose in the aggregate outstanding principal amount of up to approximately $120,000,000 (the "Bonds") . The undersigned, Jerry B. Dye, Hearing Officer (the "Hearing Officer") has conducted a public hearing with respect to the plan of financing for the issuance of the Bonds and the financing or refinancing of the Facilities and hereby recommends and requests that you approve the issuance of the Bonds and the financing of 'the Facilities as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Attached hereto is (1) a certificate evidencing the conduct of a public hearing by the Hearing Officer on March 13, 1998 and (2) a suggested form of approval to evidence your approval of the issuance of the Bonds and the financing of the Facilities. Very truly yours, By: ,/} , \ / -?~~ -/:;/ / ' ;; "'/B"'~~'-../0"~_- Je.n --'.-' Dye~ Hearing Officer Development Authority of Richmond County '" y : "" . APPROVAL OF THE MAYOR OF AUGUSTA, GEORGIA APPROVING THE PLAN OF FINANCE FOR THE ISSUANCE OF REVENUE BONDS BY DEVELOPMENT AUTHORITY OF RICHMOND COUNTY FOR THE BENEFIT OF EVERGREEN NYLON RECYCLING COMPANY, LLC WHEREAS, the Development Authority of Richmond County (the "Issuer") has considered. the application of Evergreen Nylon Recycling Company, LLC (the "Company"), requesting the Issuer's assistance in financing the acquisition, construction and installation of certain solid waste disposal facilities for the benefit of the Company (the "Facilities") to be located in Augusta, Georgia through the issuance of its revenue bonds in an aggregate principal amount currently estimated at not to exceed $120,000,000 (the "Bonds") (not including any other obligations issued by the Issuer for the benefit of the Company relating to other portions of such facility), and the Issuer held a public hearing on behalf of Augusta, Georgia (the "Governmental Unit") with respect to such proposed financing of the Facilities on March 13th, 1998; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of such private activity bonds is located shall approve the .issuance of such bonds; and WHEREAS, the Augusta, Georgia, Georgia, and the constitutes the Governmental Unit; Issuer issues its revenue bonds on behalf of the Facilities are to be located in Augusta, Mayor of Augusta, -Georgia (the "Mayor") chief elected executive officer of the and WHEREAS, the Issuer recommends and has requested that the Governmental Unit approve the plan of finance for the issuance of the Bonds and the financing of .the Facilities; and WHEREAS, a ceitificate'regarding the public hearing has been presented to the Mayor; NOW, THEREFORE, BE IT CERTIFIED by the Mayor of Augusta, Georgia, and IT IS HEREBY CERTIFIED by the authority of the same, as follows: Section 1. The plan of finance for the issuance from time to time of the Bonds by the Issuer for the benefit of the Company in an aggregate principal amount of approximately $120,000,000 (not including any other ,obligations issued by the Issuer for the benefit of the Company relating to other portions of such facility) to assist in the financing of the Facilities is hereby approved to the extent required by Section 147(f) of the Code, as 'i - ,. f ... follows: (a) the Facilities consist of solid waste disposal facilities intended to recycle 100% post-consumer waste and miscellaneous post industrial waste carpet fiber into a high-grade raw material suitable for producing fiber to be used in the manufacture of new carpet products: (b) the initial owner, operator or manager of the Facilities is the Company or a related entity: and (c) the location of the Facilities is in Augusta, Georgia one mile southeast of the intersection of Laney-Walker Boulevard and Columbia Nitrogen Road, on the existing DSM Chemicals North America, Inc. plant site located along Columbia Nitrogen Road. Section 2. Such approval by the Mayor does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company or the Facilities, and the Bonds shall not constitute an indebtedness or obligation of the State of Georgia 'or of any county, municipal corporation or political subdivision thereof. The Bonds. shall be payable solely from the revenues derived from the Company and pledged to the payment thereof and no owner of any of the Bonds shall ever have the right to compel any exercise of the taxing power of the State of Georgia or of any county, municipal corporation or political subdivision thereof, nor to enforce the payment thereof against any property of said State or of any county, municipal corporation or political subdivision. Thl'S /7 iA d f M h 1998 ay 0 arc ~ . AUGUSTA, GEORGIA Thls doculIIent 8IllllO'led as III 'en .1~to~K ata . -2-