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HomeMy WebLinkAbout1988-OR-26ORDINANCE EXERCISING OPTION TO PURCHASE CITY-COUNTY BUILDING AND ISSUANCE OF WRITTEN NOTICE TO THE jEFFERSONVILLE-CLARK COUNTY BUILDING AUTHORITY WHEREAS on June 13, 1988 the Board of Commissioners of Clark County, Indiana enacted, by unanimous vote, ordinance NO. 9-1988, setting forth a description of pending litigation with regard to the Clark County Jail, jeffersonville, Indiana, which ordinance is of public record; WHEREAS, the City of jeffersonville ("City") hereby acknowledges its status as a party to a certain Lease executed on March 11, 1968 entitled ,City-County Building Lease", by and between the City, the jeffersonville-Clark County Building Authority and the County of Clark, (hereinafter "City," "County" and "Authority", respectively); WHEREAS pursuant to Section 6.02 of said Lease the City is entitled to, while acting jointly with the County, issue written Notice to the Authority of the exercise of an option to purchase the City-County Building and the equipment and furniture covered by said Lease pursuant to the terms set out in said Sec. 6.02 of said Lease; WHEREAS the City finds and determines it to be necessary to the public interest, and in the best interest of the citizens of the City to exercise said option to purchase as described in Sec. 6.02 of said Lease: WHEREAS a duplicate original of the ordinance enacted by the Commissioners of Clark County on June 18, 1988, stating the County's exercise of said option and containing a request for the City to jointly act in the exercise of said option has been ordered transmitted and delivered to the meeting of the Common Council of the City, with the Mayor of the City, which meeting began at 9:30 a.m. on June 18, 1988; WHEREAS the City desires to join in the exercise of the option to purchase the City-County Building, with the County; NOW THEREFORE, BE IT ENACTED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE as follows: (1) The Common Council hereby agrees to act, and acts, jointly, in conjunction with the County, pursuant to Sec. 6.02 of the aforesaid Lease, to exercise their joint option to purchase the City-County Building and the equipment and furniture covered by the aforesaid Lease, provided that funds are available for said purchase by January 1, 1989, pursuant to Sec. 6.02 of said Lease at the purchase price and amounts stated therein; (2) The Common Council, further, in conjunction with the County, now makes a joint request of the Authority to furnish an itemized statement setting forth the amounts required to be paid by the City and County in order to effect such a purchase, as said amounts are described in the aforesaid Sec. 6.02 of the Lease; (3) The Common Council of the City of jeffersonville does now, by action and vote, execute by virtue of this Instrument the written Notice to the jeffersonville-Clark County Building Authority, as same is provided for under Sec. 6.02 of the Lease between the said Authority, the City and Clark County, dated March 11, 1968. Enactment of this ordinance, exercise of the option and issuance of Notice is made and verified by the signatures of the Mayor and President of the Common Council, as shown below. (4) The Common Council directs that a duplicate original of this ordinance, and of the Commissioners' Ordinancev as same has been delivered to them this date, be kept and maintained by the City and be made a permanent record of the Common Council of the City of jeffersonville; (5) The Common Council now hereby exercises the option to purchase the City-County Building, as is described in Sec. 6.02, by January 1, 1989 provided that funds are available, through the joint efforts of the City and the County, to make such purchase and concurs with the order by the Commissioners of Clark County, directed to the Sheriff of Clark County, that Notice of the exercise of this option is to be served on all members of the jeffersonville-Clark County Building Authority as expeditiously as possible, prior to June 20, 1988. THIS ORDINANCE PASSED BY A VOTE OF ~-O , AS AFFIRMED AND EVIDENCED BY THE SIGNATURES OF THE MAYOR AND THE PRESIDENT OF THE COMMON COUNCIL, RESPECTIVELY~ SHOWN BELOW. CITY OF JEFFERSONVILLE, INDIANA ATTEST/CERTIFIED: E CITY OF JEFFERSO~ILLE, INDIANA (DUPLICATE ORIGINAL) ORDINANCE ORDINANCE EXERCISING OPTION TO PURCHASE CITY-COUNTY BUILDING AND ISSUANCE OF WRITTEN NOTICE TO THE JEFFERSONVILLE-CLARK COUNTY BUILDING AUTHORITY WHEREAS on June 13, 1988 the Board of Commissioners of Clark County (,,Commissioners") passed and enacted ordinance No. 9-1988; WHEREAS it is necessary to make certain clerical and typographical corrections in said ordinance; WHEREAS said ordinance, and all of its substantive terms, is specifically incorporated by reference into this Ordinance; WHEREAS pursuant to the Lease between the City, County and Authority, as described in said ordinance, dated March 11, 1968, specifically Section 6.02, the Commissioners find it is necessary to the public interests that the County of Clark and the City of jeffersonville, State of Indiana, issue written Notice to the jeffersonville-Clark County Building Authority to exercise their option to purchase the City-County Building on or before June 20t 1988; WHEREAS the Commissioners of Clark County, Indiana, now find and determine that it is necessary for them to individually execute the written Notice to the Authority, so as to act jointly with the City, pursuant to Sec. 6.02 of the Lease; WHEREAS, the Commissioners of Clark County find it necessary to direct their attorney as a representative of the Board, to appear at the meeting of the Common Council of the City of jeffersonville, at 9:30 a.m. on June 18, 1988 to present an executed duplicate original of this Ordinance to the Common Council of the City of jeffersonville and to request joint action, by the giving of the written Notice described in Sec. 6.02 of the Lease, from the Common Council of the City of jeffersonville and from the Mayor of jeffersonville for of purposes of executing and serving the written Notice of exercise the option of purchase of the City-County Building to the Authority; NOW THEREFORE, BE IT ENACTED AND ORDAINED BY THE BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA as follows: (1) The Board of Commissioners of Clark County, Indiana does now by action and vote, execute, by virtue of this Instrument, the written Notice to the jeffersonville-Clark County Building Authority, as same is provided for under Sec. 6.02 of the Lease between the said Authority, Clark County, by and through its Board of Commissioners, and the City of jeffersonville, dated March 11, 1968. The Board does now exercise its option to purchase the City-County Building and the equipment and furniture covered by said Lease, provided that funds are available through the joint efforts of the City and County, for such purchase by January 1, 1989 and directs that Notice of said exercise shall be immediately given, served and delivered upon the jeffersonville-Clark County Building Authority by the Sheriff of Clark County prior to June 20, 1988 provided that the City joins in the exercise of the option and issuance of this Notice; (2) The Board of Commissioners of Clark County, Indiana hereby requests the joint action of the Mayor and the Common Council of the City of jeffersonville, Indiana, pursuant to Sec. 6.02 of said Lease and requests said Mayor and Common Council to join in the exercise of the option and in written Notice to the Authority as provided for under said Sec. 6.02 by execution of the signatures of the Mayor and a representative of the Common Council, in the space provided hereinbelow; (3) The Board of Commissioners of Clark County, Indiana does hereby order and direct their attorney, Daniel E. Moore, to appear at a meeting of the Mayor and Common Council of the City of jeffersonville at 9:30 a.m. City-County Building, 4th Floor, jeffersonville, Indiana on June 18, 1988 and to present a signed copy of this Ordinance to the said Mayor and Common Council. Said attorney is further authorized, ordered and directed to request the Mayor and the Common Council of the City of jeffersonville to join in the exercise of the option to purchase the City-County Building and to further join in execution of the written Notice to the Authority; (4) The Board of Commissioners of Clark County, Indiana now requests the Authority, upon issuance of the aforesaid Notice, pursuant to Sec. 6.02 of the Lease, to furnish an itemized statement~ within fifteen (15) days hereof, setting forth the amounts required to be paid by the City of jeffersonville and the County of Clark in order to effectuate a purchase of the City-County Building as said amounts are further defined in Sec. 6.02 as follows: .a price equal to the amount required to ~nable the Authority to redeem all outstanding securities payable out of the rentals and other income of the City-County Building, including all premiums payable on the redemption thereof and accrued and unpaid interest, and to pay all other indebtedness or obligations of the Authority attributable to the operation and maintenance of the City-County Building, including the costs of liquidation of the Authority if it is liquidated; (5) The Sheriff of Clark County is hereby ordered and directed by the Commissioners of Clark County, Indiana to serve a copy of this Notice, upon attaining of applicable signatures from the City of Jeffersonville representatives, upon each and every known member of the jeffersonville-Clark County Building Authority, or those acting in such capacity, prior to June 20, 1988, and upon their attorney, David P. Varble, Jr. Proof of such service is to be returned to the office of the Board of Commissioners of Clark County, Indiana, City-County Building, 3rd Floor, jeffersonville, Indiana. (6) The Board of Commissioners of Clark County, Indiana now executes a duplicate original of this Ordinance and directs its attorney, in connection with his other duties as directed and authorized herein, to transmit said duplicate original of this Ordinance to the meeting of the Mayor and Common Council of the City of jeffersonville at the aforesaid date and time. said attorney is further ordered and directed to leave said duplicate original Ordinance for the Mayor and Common Council of the City of Jeffersonville memorializing the actions taken this date and to return the original of said Ordinance to the permanent records of the Board of Commissioners of Clark County, Indiana; (7) with regard to Ordinance No. 9-1988 the Board orders that the following clerical and typographical corrections be made therein, to wit: I.C. 36-9-13-14, as same is exhibited in the third full paragraph of the second page of said ordinance is ordered corrected to read I.C. 36-9-13-40. The typographical error contained in the ninth paragraph on the first page of said ordinance is hereby ordered corrected to read "WHEREAS it is". The typographical error contained in Paragraph ~ 3 on the last page of said ordinance, fourth line from the bottom of Paragraph ~ 3, is hereby ordered corrected to read "Section 6.02". The typographical error contained in Paragraph ~ 4 on the last page of said ordinancet third line, is hereby ordered corrected to read "Authority." 2 THIS ORDINANCE ENACTED BY UNANIMOUS VOTE OF THE BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA THIS 18TH DAY OF JUNE, 1988 AND THE ORDERS AND DIRECTIONSt DESIGNATIONS AND ACTIONS TAKE HEREIN, AS DESCRIBED ABOVE ARE ORDERED TO BE TRANSMITTED AND DELIVERED TO THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE~ AND THE MAYOR OF THE CITY OF JEFFERSONVILLE, AT THEIR MEETING OF JUNE 18, 1988 AT 9:30 A.M.~ AS HEREINABOVE SET OUT. THEREAFTER, THE SHERIFF OF CLARK COUNTY, INDIANA IS TO EXECUTE THE ORDERS OF DELIVERY SET OUT HEREINABOVE. THE BOARD OF COMMISSIONERS FOR CLARK COUNTY, INDIANA: LA~RRy~TS , PRESIDENT ATTEST/CERTIFED: RICHARD P~ 3