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HomeMy WebLinkAbout1981-OR-48C01~!ON CO1TNCIL ORDII~IANCI~ NO o 81-OR-~'~______ A SPECIAL ORDINANCE authorizing the City of Jeffersonville to issue its "Economic Development Mortgage Revenue Bonds (Rangaswami Project)" in the principal amount of Two Hundred Fifty Thousand Dcllars ($250,000) and approving and authorizing other actions in respect thereto. WHEREAS, the Jeffersonville Economic Development Commission has rendered a Report of the JefferSonville Economic Development Commission concerning the proposed financing of economic development facilities for Malaipatty R. Rangaswami and Ranganayaki Rangaswami, husband and wife, and the Jeffersonville City Plan Commission has been given an opportunity to comment thereon; and WHEREAS, the Jeffersonville Economic Development Commission after a public hearing conducted on October 5, 1981, adopted a Resolution on that date, which Resolution has been previously transmitted hereto, finding that the financing of certain economic development facilities of Malaipatty R. Rangaswami and Ranganayaki Rangaswami, complies with the purposes and provisions of IC 36-7-12 and that such financing will be of benefit to the health, prosperity, economic stability and general welfare of the City of Jeffersonville and its citizens; and WHEREAS, the Jeffersonville Economic Development Commission has approved the forms of the Loan AgreeMent, including the Note attached thereto, the Mortgage and Trust Indenture and the Bond Purchase Agreement by resolution adopted October 5, 1981, which Resolution has been transmitted hereto; and WHEREAS, no member of the Common Council of the City of Jeffersonville has any pecuniary interest in any employment, financing agreement or other contract made under the provisions of IC 36-7-12 and relating to the economic development facilities project of Malaipatty R. Rangaswami and Ranganayaki Rangaswami, or to the issuance of the economic development revenue bonds authorized herein; now therefore: BE IT ORDAINED BY TH~ COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE: SEC%ION 1. It is hereby found that the financing of the economic development facilities referred to in the Loan Agreement, previously approved by the Jeffersonville Economic Development Commission and presented to this Common Council, the issuance and sale of mortgage revenue bonds, the loan of the net proceeds thereof to Malaipatty R. Rangaswami and Ranganayaki Rangaswami, husband and wife (Rangaswami), for the acquisition and construction of said facilities and the repayment of said loan by Rangaswami ro be evidenced and secured by a promissory note of Rangaswami, will be of benefit to the health, prosperity, economic stability and general welfare of the City of Jeffersonville and its c~tizens and complies with the purposes and provisions of IC 36-7-12. SECTION 2. The forms of the Loan Agreement, including the Note attached thereto, the Mortgage and Trust Indenture and the Bond Purchase Agreemenn approved by the Jeffersonville Economic Development Commission are hereby approved and all such documents shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk of the Council. SECTION 3. The City of Jeffersonville shall issue its Economic Development Mortgage Revenue Bonds (Rangaswami Project) in the aggregate principal amount of Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of procuring funds to loan to Rangaswamf in order to pay the cost of acquisition, construction, installation and equipping of the economic developmen~ facilities, as more particularly set out in the Loan Agreement and Mortgage and Trust Indenture incorporated herein by reference, which Bonds will be payable as to principal, premium, if any, and interest solely from the payments made by Rangaswami on a promissory note which will be executed and delivered by Rangaswami to evidence and secure said loan and from other sources under the Loan Agreement, or as otherwise provided in the above-described Mortgage and Trust Indenture. The Bonds shall sever constitute a general obligation of, an indebtedness of, or a charge against the general credit of the City of Jeffersonville. SECTION 4. The Mayor and Clerk-Treasurer are authorized and directed to sell such Bonds to the purchasers set forth in the Bond Purchase Agreement at a rate of interest on the Bonds not to exceed 65% of the Prime Commercial Rate (defined in the Mortgage and Trust Indenture as the per annum rate of interest established by The Chase Manhattan Bank, N.A., New York, New York, as its Prime Rate as in effect on the date of delivery of the original Bonds and on the first day of each calendar quarter thereafter until there are no Bonds outstanding), provided that the interest rate payable on the Bonds shall not exceed 14% per annum or be less than 10% per annum, and at a price of one hundred percent (100%) of the principal amount thereof plus accrued interest, if any. SECTION 5. The Mayor and Clerk-Treasurer are authorized and directed to execute the Loan Agreement, the Mortgage and Trust Indenture and the Bond Purchase Agreement approved herein on behalf of the City of Jeffersonville and any other documents which may be necessary or desirable to consummate the transaction, including the Bonds authorized herein. The signatures of the Mayor and Clerk-Treasurer on the Bonds may be facsimile signatures. The Clerk-Treasurer is authorized to arrange for the delivery of such Bonds to the purchasers thereof, payment for which will be made to the Trustee named in the Mortgage and Trust Indenture. SECTION 6. The provisions of this Ordinance and the Mortgage and Trust Indenture securing the Bonds shall constitute a contract binding between the City of Jeffersonville and the holders of the City of Jeffersonville, Indiana, Economic Development Mortgage Revenue Bonds (Rangaswami Project), and after the issuance of said Bonds, this Ordinance shall not be repealed or amended in any respect which would 'adversely affect the rights of such holders so long as any of said Bonds or the interest thereon remains unpaid. SECTION 7. This Ordinance shall be in full force and effect from and after compliance with the procedures required by law. ADOPTED this ~ day of ATTE ST: C.~~~Richard Spencer, Jr~~ - ~. ., 1981. Presented by me ~ day of this to the May~r of the City of Jeffersonville, Indiana, on . , 1981. C. ~i~h'ard Spencer, J Clerk~Treasurer 1981. Approved and signed by me on this _ day of .' Richar~.~ L./ Vissi/ng, Mayor City of Jeffersonville