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HomeMy WebLinkAbout1985-OR-50ORDIN CE NO. AN ORDINANCE AUTHORIZING THE AMENDMENT OF "CITY OF JEFFERSONVILLE, INDIANA ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1981 (HAP'S AERIAL ENTERPRISES, INC. PROJECT) AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. WHEREAS, the City of Jeffersonville, Indiana (the "City"), is a municipal corporation and political subdivision of the State of Indian~ and by virtue of Indiana Code Section 36-7-12-1 et seq. as amended (the "Act"), is authorized and empowered to adopt this Ordinance (the -Ordinance") and carry out its provisions; and WHEREAS, the City has authorized and issued notes designated "City of Jeffersonville Economic Development Revenue Notes, Series 1981 (Hap's Aerial Enterprises, Inc. Project)" in the total principal amount of $1,000,000 (the "City Notes"); and WHEREAS, it has been requested that the City adopt an amendatory ordinance authorizing a change in the repayment schedule on the City N~tes and the acceptance of a Note Guaranty Agreement from William E< Happel. WHEREAS, the Jeffersonville Economic Development commission has performed all actions required of it by the Act preliminary to the adoption of this Ordinance and has approved and forwarded to this Common Council the forms of. (1) a First Amendment of Note Documente, dated as of September ~', 1985, among the City, Hap's Aerial Enterprises, Inc., Commerce America Banking Company, as trustee, S~ott County State Bank, United Bank of Indiana, N.A. and Commerce America Banking ComPanY (the #First Amendment#); (2) a Note Guaranty Agreement dated as of September 1, 1985 from William E. Happel to Commerce America Banking Company, as trustee (the ~Note Guaranty"); and'(3) this Ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of Jeffersonville, Indiana that: ~ection 1. ~uthorization of Amendment. The Common Council hereby approves the amendment of repayment schedule for the City Notes, as provided in the First Amendment, and the acceptance of the Note Guaranty. ~ection ~. ~mendments. In order to provide for the amendments described in Section i hereof, the Common Council hereby approves the fo~m and terms of the First Amendment and directs the Mayor and Clerk to execute and/or endorse and deliver the First Amendment for and on behalf of the City. ~. General. The Mayor and the Clerk be, and they are hereby authorized and directed, in the name and on behalf -2~ of the City, and instruments, either of ~hem, to execute any and all other agreements, documents perform any and all things, deem~ by them, or to be necessary or desirable in order to carry out and comply with the Ordinance (including the mentioned herein). Section Ordinance shall preambles intent, conditions and purposes of this hereto'and the documents 4. Binding Effect. constitute a binding The provisions of this contract between the City 'and after its jeffersonville, Passed 1985. and the registered owners of the City Notes, and this Ordinance shall not be repealed or amended in any respect which woUld ad- versely effect the rights of the holders of the City Notes as long as the City Notes or interest thereon remains unpaid. This Ordinance shall be in full force and effect from passage by the Common Council of the City of and its approval as required by law. this_~__~day, of ~- ' ATTEST CLERK-TREAS Presented by me as Clerk-Treasurer to {he Mayor of said -3- City of Jeffersonville, 1985. this~day of Approved and signed by me this , 1985. C. RICHARD SPENCer, JR.~ CLERK_TREASURER u YOR DALE L. ORE~ -4-