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HomeMy WebLinkAbout1985-R-60 GENERAL RESOLUTION NO. 85-R-60 RESOLUTION OF THE COMMON COUNCIL OF THE CiTY OF JEFFERSON¥ILLE, INDIANA WHEREAS, the City of Jeffersonville, Indiana (the "Issuer") is authorized by l.C. 36-7-11.9 and 12 (th~ "Alt") to issue revenue bonds for the financing.of economic development facilities, the funds from said finaneing to be used for the acquisition, construction and equipping of said faeilities, and said facilities to be either sold or leased to a eompany or directly owned by a company; and WHEREAS, The Woods of Jeffersonville, Ltd. (the "Applicant'9 has advised the Jeffersonville Economic Development Commission (the "Commission") and the Issuer that it proposes that the Issuer either acquire, construct and equip an economle development facility, and sell or lease the same to the Applicant or loan proceeds of an economic devalopment finan.eing to the Applicant for the same, said economic development facility to consist of the renovation and refurbishing of the existing facilities which include capital improvements to the 184 rental units, clubhouse and swimming pool, to be located near Allison Lane and U.S. Highway 62, in Jeffersonville, Indiana ("Projeet'9, and the Applicant will enter into a management agreement with Barrett & Stokely, Inc., an qn~a~a'corPoration which is Owned by the general partners of the Applicant; and WHEREAS, the diversification of industry and increase in job opportunities (11-12 jobs) to be achieved by the acquisition and construction of the Projee.t will be of publie benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, having received the advice of the Jeffersonville Economic Development commission, it would appear that the financing of the Projeot would be of publie benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it is found that the acquisition and construction of the facility will not have an adverse competitive effec]; on any similar facility already constructed or operating in Jeffersonvilte, Indiana for the reasons stated in Exhibit A to the "Resolution of the Jeffersonville Ee0nomle Developmen~ Commission Re: Economic Development Target Area" dated the date hereof) NOW~ THEREFORE, BE IT RESOLVED BY THE Common Council of the City of jeffersonvil]e, as follows: 1. The Common Council of the City of Jeffersonville finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near Jeffersonville, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer; and that it is in the public interest that the Commission and the Issuer take ~ueh action as they lawfully may to encourage economic development, diversification of industry and promotion of job opportunities in and near the .issuer. 2. The' Common Council of the City of Jeffersonville approves, determines, ratifies and confirms that the issuance and sale of economic development ?evenue bonds in an amount of approximately $3,500,000 of the Issuer under the Act for the acquisition and construction of the Project and *' '~'='-the sale or'leasing of the Project to the Applicant or t~e loan of the proceeds of the revenue bonds to the Applicant, will serve the public purposes refer~ed to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition and construction of the Project, the Common Council of the City of Jeffersonville hereby approves, determines, ratifies and confirms that (i)it will take or cause to be taken such .actions pursuant to the Act as may be required to implement, the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided that all of the fordgoi~g shall be ~utually acceptable to the Issuer and the Applicant; and (ii) it will adopt such -2- ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and (iii) it will use its best efforts at the request of Applicant to authorize the issuance of additional bonds for refunding and refinancing the outstanding principal amount of the bonds, for completion of the Project and for additions to the ~rojeet, including the costs of issuance (providing that the financing of such addition or additions to the Project is found to have a public purpose [as defined in I.~. 36-7-12-1] at the time of authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of I.C. 36-7'12. 4. All..costs of the Project incurred after the adoption of this inducement resolution,' inctudi.ng reimbursement or repayment to the Applicant of moneys expended by the Applicant for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond eouasel fees, acquisition, construction and equipping of the Project will be · permitted to be included as part of the bond issue to finance the Project, and the Issuer will sell or lease the same to the Applicant or loan the proceeds from the sale of the bonds to the Applicant for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural Work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project, -3- Adopted this~14th, day of (sEAL) December , 1985. l~remding Officer //~ -4-