Loading...
HomeMy WebLinkAbout2016-R-1RESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, APPROVING THE ISSUANCE OF LEASE RENTAL REFUNDING BONDS BY THE JEFFERSONVILLE REDEVELOPMENT AUTHORITY AND OTHER MATTERS RELATED THERETO WHEREAS, the Jeffersonville Building Corporation ("Corporation") has issued its First Mortgage Bonds, 2006, Series A, B and C ("Refunded Bonds") pursuant to a Trust Indenture between the Corporation and MainSource Bank, dated December 1, 2006; WHEREAS, the Corporation, as lessor, entered into three leases with the City of Jeffersonville, Indiana ("City"), as lessee, each executed on December 28, 2006 (collectively, "Original Lease"); WHEREAS, the Jeffersonville Redevelopment Authority ("Authority") and the Jeffersonville Redevelopment Commission ("Commission") have determined that entering into a lease agreement ("2016 Lease") and proceeding with the advance refunding of the Refunded Bonds will effect an interest cost savings and reduce the annual lease payments due under the Original Lease; WHEREAS, the professionals employed by the City have advised the Authority, the Commission and the Common Council to refund the Refunded Bonds with the 2016 Lease instead of utilizing the Corporation as the lessor and such professionals have further advised that only the 2016 Lease is necessary to replace the Original Lease; WHEREAS, the Authority has determined to issue is Economic Development Lease Rental Refunding Bonds, Series 2016 ("2016 Bonds") to refund the Refunded Bonds and pay costs of issuance of the 2016 Bonds; WHEREAS, pursuant to IC 36-7-14.5-19(a) and IC 36-7-14-25.2(c), the Common Council is required to approve the issuance of the 2016 Bonds by the Authority and certain terms of the 2016 Lease and the 2016 Bonds; and WHEREAS, pursuant to IC 36-7-14.5-21(b) and (c), the Authority must obtain the approval of the Common Council to enter into a trust indenture ("2016 Indenture") and any pledge or assignment made therein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, THAT: Section 1. The Common Council hereby approves the issuance of the 2016 Bonds to finance the refunding of the Refunded Bonds and the incidental costs associated therewith, including funding of a debt service reserve, if necessary and costs of issuance, in an aggregate principal amount not to exceed $8,000,000, at a purchase price of not less than 99% of the par value thereof, with a term ending no later than eleven (11) years after the date of issuance of the I\5147870.3 2016 Bonds and a maximum interest rate of five percent (5%) per annum (actual rates will be determined by negotiation). Section 2. The 2016 Bonds maturing on February 15, 2026, and thereafter, are redeemable at the option of the Commission, on August 15, 2025, or any date thereafter, on thirty (30) days' notice, in whole or in part, in the order of maturity as determined by the Commission and by lot within maturities, together with no premium, plus accrued interest to the date fixed for redemption, and shall be subject to mandatory sinking fund redemption as determined upon the sale of the 2016 Bonds. Section 3. The Common Council hereby approves the execution of the 2016 Indenture by the Authority with MainSource Bank and hereby ratifies and approves the pledge of: (i) the funds established by the 2016 Indenture; (ii) the interest earnings on such funds; and (iii) the lease rentals provided for under the 2016 Lease. Section 4. The Common Council hereby approves the 2016 Lease and amendments thereto with a maximum annual lease rental of $870,000, plus $5,000 for trustee and other administrative fees, for a maximum term not to exceed eleven years. Section 5. Providing for the sale of the 2016 Bonds to refund the Refunded Bonds to reduce lease rentals and produce a savings is in the public interest of the citizens of the City and it is a proper public purpose for which the Common Council agrees to cooperate with the Authority to assist in fulfilling the requirements of all agencies of the federal, state and City government. Section 6. This resolution shall be in full force and effect from and after its passage and execution by the Mayor. PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana, this 25th day of January, 2016. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA Clerk -2- I\5147870.3 Presented by me to the Mayor of the City of Jeffersonville, Indiana, on the 4 day of , 2016. I�e Clerk Presented to and approved by me, the Mayor of the y y of Jeffersonville, Indiana, and signed thisc day of J 2016. I\5147870.3 Mayor -3-