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HomeMy WebLinkAbout1981-R-22RESOLUTION OF COMMON COUNCIL CITY OF JEFFERSONVILLE A PROPOSAL FOR A GENERAL RESOLUTION approving the finding of the Jeffersouvtlle Economic Development Commission with respect to the issuance of revenue bonds in au amount not exceeding Two Hundred Thousand Dollars ($200,000) for financing of certain economic development facilities to be undertaken by Denny Transport, Inco, and authorizing and committing the City to proceed with such project, subject to final action by this Council with respect to the terms and conditions of such financing. GENERAL RESOLUTION NO. 81-R-~.~ May 4, 1981 WHEREAS, the City of Jeffersonville~ Indiana ("City"), is authorized by IC 18-6-4o5 ("Act") to issue revenue bonds for the purpose of financing the acquisition, installation, and construction of economic development facilities; WHEREAS, the City has been advised that there is under consideration a proposal of Denny Transport, Inc. to build in Jeffersoaville, Indiana, a truck terminal and related facilities ("Project") described in Exhibit A hmreto; WHEREAS, Denny Transport, Inc. has proposed that the City issue its revenue bonds under the Act to finance the acquisition, installation and construction of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to acquire~ install and construct the Project and Denny Transport, Inc. would make payments sufficient to pay the principal of, premium, if any, and interest on such bonds; Denny Transport, ImCo has further advised the City that a determination by the City to accept such a proposal for financing the Project will constitute a substantial inducement to Denny Transport, Inc. to proceed with the Project; and Denny Transport, Inc. has agreed to pay the costs of the City whether or not such revenue bonds are issued and the financing agreement consummated; WHEREAS~ the Jeffersonville Economic Development Commission has rendered a report of the Jeffersonville Economic Development Commission concernin~ the proposed financing of economic development facilities for Denny Transport, Inc. and the Jeffersonvllle City Plan Commission has been given an opportunity to comment thereon; WHEREAS~ the Jeffersonville Economic Development Commission has adopted a resolution giving its approval to such financing of the Project, on the basis that the Project will cause additional employment opportunities in Jeffersonville, Indiana, and will be of public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; and WHEREAS, subject to the required approvals under the Act, it appears that the financing of the Project will be of public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants: NOW~ THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indian~: Section 1. The Common Council finds and determines that the construction of a truck terminaml, repair shop, and related facilities' of Denny Transport~ Inc. in Jeffersonville, Indiana, by the acquisition, tns~allation~ construction and equipping of the Project is desirable to -2- better the health, prosperity, economic stability and general welfare of the City and its inhabitants, and that it is in the public interest that the City take such action as it lawfully may to encourage Denny Transport, Inc. to construct a truck terminal, repair shop, and related facilities. Section 2. The Common Council further finds and determines that the issuance and sale of revenue bonds of the City under the Act, and the use of the net proceeds derived therefrom to finance the acquisition, instal- lation and construction of the Project, will enable Denny Transport, Inco to construct the Project and thereby serve the public purposes referred to above in accordance with the Act. Section 3, In order to induce Denny Transport, Inco to proceed with the acquisition, installation and construction of the Project~ the Common Council hereby undertakes that: (i) It will authorize and issue one or more series of City pursuant to the Act~ in an aggregate Thousand Dollars the acquisition, of the Project, revenue bonds of the principal amount not exceeding Two Hundred ($200,000), to finance the costs of installation, construction and equipping including reimbursement or repayment to Denny Transport, Inc. of any moneys expended by Denny Transport~ lnCo for planntng~ engineering, interest during construction, underwriting and attorney and bond counsel fees, and will enter into a financing agreement to use the net proceeds of such bonds to acqutre~ install and construct the Project and lease or sell the Project to Denny Transport, Inc. for specific rent or purchase price payments sufficient to pay the principal of, premium, if any, -3- and interest on such bonds~ or to lend such net proceeds to Denny Transport~ Inc. to enable it to acquire, install and construct the Project and repay the loan in installments sufficient to pay the principal of, premium, if any, and interest on such bonds; (ii) It will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such actions as may be necessary or advisable for the authorization~ issuance and sale of such bonds; and (iii) It will take or cause to be taken such other actions as may be required to implement the aforesaid or as it may deem appropriate in pursuance thereof, provided that all of the foregoing shall be authorized by law and mutually acceptable to the City and Denny Transport, Inc.. Section 4o It is hereby recognized that the Issuance and sale of revenue bonds by the City under the Act for the purposes set forth herein shall be subject to the City's obtaining such approvals as may be required under the Act. Section 5. To the extent permitted by the Act, such changes may be made tn the Project as are deemed necessary or desirable~ or as may be required in light of then existing regulations or technology, or both, provided that after such changes the Project will continue to constitute economic development facilities within the meaning of the Act and any other applicable laws or regulations. -4- Section 6. This Resolution shall be in full force and effect immediately upon compliance with the procedures required by law, P ATTEST: C.' R; S~nce ~~., Clerk-Treasure -5- Presented by me to the Mayor of this 4th day of May~ 1981. the City of Jeffersonville, Indiana, om Approved and signed by me on this 4th day of May, 1981. -6- Exhibit A DESCRIPTION OF THE ~ Construction of a 7~000 square foot building on three and acres in the Jeffersonville Industrial Park for use as a truck repair shop~ and office space. one-half terminal~ -7-