Loading...
HomeMy WebLinkAbout1986-R-22 ~ES0LUTION NO. _~~2--7---- RESOLUTION OF COMMON COUNCIL OF JEFFERSONVILLE WHEREAS, the City of jeffersonvtlle, Indiana (the "City"), is authorized by I.C. 1985, 36-7-12 (the "Act"), to issue economic development revenue bonds for the financing of economic development facilities, and to loan to other persons the funds from said financing to be used for the acquisition, alteration, construction and equipping of said facilities; and WHEREAS, Southern Indiana Care Center, Inc., an Indiana corporation (the "Company"), has advised the City that it proposes that through the issuance by the City of economic development revenue bonds that the Company acquire, construct and equip a 130-bed residential care facility for the elderly, which will be a licensed health facility regulated by the Indiana Health Facilities Council under I.C. 16-10-4, to be located on 7.1 acres at 3425 State Road #62 in jeffersonville, Indiana, for the use by the Company in its health care business (the "Project"); and WI{EREAS, the Company has further advised the City that a determina- tion by the City to issue its economic development revenue bonds under the Act to finance the acquisition, construction and equipping of the Project under contractual arrangements whereby the City would loan the proceeds of the bonds to the Company and the Company would make loan payments sufficient to pay the principal of, premium, if any, and interest on such bonds, will constitute a substantial inducement to the Company to proceed with megotiations for the acquisition, construction and equipping of the Project and the Company has agreed to pay or reimburse the costs of the City whether or not such bonds are issued; and -1 - W~EREAS, issuance of such bonds wili hot require any expenditure of the funds of the City; and W%IEREAS, the increase in tax base and Job opportunities to be achieved by the acquisition, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the City and its citizenS; and WHEREAS, subject to all required approvals under the Act and the advice of the jeffersonville Economic Development Commission, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the City and its citizens; and WHEREAS, the jeffersonville Economic Development Commission has approved the terms of the letter of intent submitted by the Company relating to the Project; and WHEREAS, subject to all required approvals under the Act, the City intends to use its best efforts to cooperate with the Company by issuing the City's economic development revenue bonds to finance the Project; and WHEREAS, the Project will not have an adverse competitive effect on any similar facility already constructed or operating in the City of jeffersonvtlle, Indiana; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of jeffersonville, Indiana: 1. The Common Council finds and determines that the promotion of an increase in tax base and job opportunities in jeffersonville, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the City of jeffersonville; and that it is in the public interest that the City take such action as it lawfully may to encourage an increase in the tax base and promotion of job opportunities in said City. -2 - 2. The Common Council further finds and determines that the issuance and sale of economic development revenue bonds of the City under the Act in an amount not to exceed $3,500,000 for the acquisition, construction and and equipping of the Project and the loaning of the bond proceeds to the Company will serve the public purposes referred to above, in accordance with the Act. 3. The Common Council finds and determines that the issuance and sale of revenue bonds of the City under the Act and the use of the proceeds derived therefrom to finance the acquisition, construction and equipping of the Project, and the expenses incidental thereto, complies with the purposes and provisions of I.C. 1985, 36-7-12 (the "Act"), will increase employment opportunities, will be of benefit to the health and welfare of the City and its citizens, and that the Project will be an "Economic Development Facility" within the meaning of that term as defined in the Act. 4. In order to induce the Company to proceed with the acquisition, construction and equipping of the Project, the Common Council hereby determines 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 appro- priate in pursuance thereof; provided that all of the foregoing shall be authorized by law and is mutually acceptable to the City and the Company; and (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 and advisable for the authorization, issuance and sale of said economic development bonds, subject to the City obtaining all approvals as may be required under the Act, including the advice of the jeffersonville Economic Development Commission- -3- The letter of intent of Company dated July 22, 1986, which heretofore has been approved by the Jeffersonville Economic Development Commission, is hereby approved. 6. All costs of the Project incurred after this Resolution, including reimbursement or repayment to the Company of moneys expended by the Company for planning, engineering, interest paid during construction, under- writing expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance said Project. 7. The liability and obligation of the Jeffersonville Economic Development Commission and the City of Jeffersonville, Indiana, shall be limited solely to good faith efforts to consummate such proceedings and issue such bonds, and neither the Jeffersonville Economic Development Commission nor the City of Jeffersouville, Indiana, or their officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. adoption. ATTEST: City ~erk &z 8. This Resolution shall take effect and be in force upon its - vr~sident, e°mmon Council o[t[{e/d~ty of Jeffersonville, Ind~6a~/ -4- 1986. Accepted and approved by me, this day of Mayor, City of Jeffersonville~ Indiana ATTEST: City ~erk -5-