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HomeMy WebLinkAbout2000-R-19 RESOLUTION NO. 2000-R- A RESOLUTION APPROVING INDUCEMENT OF ECONOMIC DEVELOPMENT REVENUE BONDS WHEREAS, Jeffersonville, Indiana (the "Issuer"), is authorized by lC 36-7-11.9 and 12 (collectively, the "Act") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, rehabilitation, construction and equipping of said facilities, and said facilities to be either sold or leased to a company or directly owned by a company; and WHEREAS, Heritage Park Apartments, L.P., or a similarly-named to-be-formed limited partnership (collectively, the "Applicant"), has advised the Jeffersonville Economic Development Commission (the "Commission") and the Issuer that it proposes that the Issuer lend proceeds of an economic development financing to the Applicant for the acquisition, rehabilitation, construction and equipping of a multifamily housing facility consisting of an apartment complex containing approximately 175 apartment units, together with functionally related and subordinate facilities such as recreational facilities and parking areas, located in the area bordered by Watt Street, Twelfth Street, Mechanic Street and Tenth Street, consisting of all of Blocks 120, 121,124, Jefferson Square, part of Meigs Avenue and part cf Eleventh Street, in Jeffersonville, Indiana (the "Project"); and WHEREAS, the diversification of industry and increase in job opportunities (approximately 4 full-time equivalent jobs) to be achieved by the acquisition, rehabilitation, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and JEFFERSONVILLE WHEREAS, it is tentatively found that the acqUisition, rehabilitation, construction and equipping of the prOject will not have an adverse competitive effect on any siniilar facility already constructed or operating in Jeffersonville, Indiana; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indiana as follows: 1. The Common Council of the City of Jeffersonville, Indiana, 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 such action as they la~vfully 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, Indiana, approves, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds in an amount of approximately Fifteen Million Dollars ($15,000,000.00) of the Issuer under the Act for the lending of the proceeds of the revenue bonds to the Applicant, for the acquisition, rehabilitation, construction and equipping of the Project will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition, rehabilitation, construction and equipping of the Project, the Common Council of Jeffersonville, Indiana, 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 a's it may deem appropriate in pursuance thereof; and (ii) it will adopt such ordinances and resolutions and attthorize 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 that the aforementioned purposes comply with the provisions of the Act; 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 Project, including the costs of issuance (providing that the financing of such addition or additions to the Project is found to have a public purpose at the time of authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of the Act; provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant. 4. All costs of the Project incurred after the date permitted by applicable federal tax and state laws, including reimbursement or repayment to the Applicant of moneys expended by JEFFERSONVILLE the Applicant for planning, engineering, a portion of the interest paid during rehabilitation, construction and equipping, underwriting expenses, attorney and bond counsel fees, acquisition, rehabilitation, 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 lend 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. 5. This resolution shall constitute "official action" for purposes of compliance with federal and state laws requiring governmental action as authorization-for future reimbursement from the proceeds of bonds. 6. Based solely upon representations of the Applicant and materials filed by the Applicant, the Issuer hereby preliminarily finds and determines that the amount of tax credits to be allocated to the Project under Section 4'2_ of the Code does not exceed the amount necessary for the financial feasibility of the Project and its viability as a qualified housing project throughout the credit period for the Project and that the Project satisfies the requirements for the allocation of a housing credit dollar amount under the qualified allocation plan applicable to the area in which the Project is located. The foregoing determinations shall not be construed to be a representation or warranty by the Issuer as to the feasibility or viability of the Project. The Issuer hereby authorizes and directs the Common Council to review and make the foregoing determinations again for Jeffersonville, Indiana, at the request of the Borrower, following review of the Project and supporting materials by the Indiana Housing Finance Authority ("IHFA"), the credit agency for the State of Indiana, and the recommendation by IHFA of approval of such determinations. Such determinations shall occur (i) upon the sale of the Bonds to the initial purchasers thereof, and (ii) on or about the date that each building in the Project is placed in service. JEFFERSONVILLE Adopted this 17th day of April, 2000. Passed and adopted Ipy the Common Council of the City of Jeffersonville, Clark County, Indiana, this ~ dayof~O,c~ ,~ g~~~7~ ~'homas R. Galhgan Presiding Officer ATTEST: eeg~y'-C~l~r Clerk and Treasurer Approved and signed by me this . Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this day of ~ ,2000. Peg=,y Clerk and Treasurer ~ dayo~_ ,207./2/q~ ~ 5fht~nas R. Oal~[igan, Jeffersonville Economic Development Commission JEFFERSONVILLE