Loading...
HomeMy WebLinkAbout1974-OR-33AN ORDINANCE AUTHORIZING THE CITY OF JEFFERSONVILLE TO ISSUE ITS "ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, (HUBER SUPPLY COMPANY PROJECT)" AND APPROVING AND AUTHOqIZI~G OTHER ACTIONS IN IN RESPECT THERETO ORDINANCE NO.~/-/!D~,.__~_.~ WHEREAS, the Jeffersonville Economic Development Commission has rendered its Report for the Huber Supply Company Project regarding the financing of proposed economic development facilities for Huber Supply Company and the Clark County Plan Commission has commented favorably thereon; and WHEREAS, the Jeffersonville Economic Development Commission, after a public hearing conducted on December 2, 1974, adopted a Resolution on Decem- ber 2, 1974, which Resolution has been transmitted hereto finding that the financing of certain economic development facilities of Huber Supply Company complies with the purposes and provisions of I.C. 1971, 18-6-4.5, and that such financing will be of benefit to the health and welfare of the City of Jeffersonville and County of Clark and their citizens; and WHEREAS, the Jeffersonville Economic Development Commission has hereto- fore approved and recommended the adoption of this form of Ordinance by this Common Council and has approved the forms of and has recommended for approval and adoption by this Common Council the Lease Agreement, ~ortga§e and Indenture of Trust, Guaranty Agreement, Construction Letter and Sales Agreement; now therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA THAT: Section 1. It is hereby found that the financing of the economic develop- ment facilities referred to in the Lease Agreement approved by the Jeffersonville Economic Development Commission and presented to this Common Council., the issuance and sale of revenue bonds, the use of the net proceeds thereof for the acc. uisition and construction of such facilities and the equipping thereof, the lease of said facilities to.Huber Supply Company, the payment of the revenue bonds by the rent payments of Huber Supply Company under the Lease Agreement, and the securing of said bonds by the mortgaging of such facilities to the Trustee under the Mortgage and Indenture of Trust and the guaranty of the pay- ment thereof by Huber Supply Company to the Trustee under the Guaranty Agree- ment will be of benefit to the health and welfare of the City of Jeffersonville and County of Clark and their citizens. Section 2. The forms of the Lease Agreement, Mortgage and Indenture of Trust, Construction Letter, Guaranty Agreement and Sales Agreement approved by the Jeffersonville Economic Development Commission are hereby approved and all such documents (herein collectively referred to as the "Financing Agreement" referred to in I.C. 1971, 18-6-4.5), shall be incorporated herein by r~ference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. Section 3. The City of Jeffersonville shall issue its Economic Development First Mortgage Revenue Bonds (Huber Supply Company Project), in the total prin- cipal amount of Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of procuring funds to pay the costs of acquisition, construction and equipping of the economic development facilities, including interest during construction, as more particularly set out in the Mortgage and Indenture of Trust and Lease Agree- ment incorporated herein by reference, which Bonds will be payable as to princi- pal, premium, if any, and interest from the rental payments made by Huber Supply Company under the Lease Agreement, or as otherwise provided in the above described -2- Mortgage and Indenture of Trust. The bonds shall never constitute a general obligation of, an indebtedness of, or a charge against the general credit of the City of Jeffersonville. Section 4. The Mayor, Clerk and Controller are authorized and directed to sell such bonds to the purchasers thereof at a rate or rates of interest on the bonds not to exceed eight percent (8%) per annum and at a price of one hundred percent (100%) of the principal amount the.reof. Section 5. The Mayor, Clerk and Controller are authorized and directed to execute the documents constituting the Financing Agreement approved herein on behalf of the City of Jeffersonville and any other document which may be neces- sary or desirable to consummate the transaction, including the bonds authorized herein. The signatures of the Mayor and Clerk on the ~onds may be facsimile signatures. The Clerk and Controller are authorized to arrange for delivery of such bonds to the Trustee named in the Mortgage and Indenture of Trust, payment for which will be made to the Trustee named in the Mortgage and Indenture of Trust and delivered by the Trustee to the purchasers thereof. Section 6. The provisions of this Ordinance and the Mortgage and Indenture of Trust securing the bonds shall constitute a contract binding between the City of Jeffersonville and Huber Supply Company, and after the.issuance of said bonds, this Ordinance shall not be repealed or amended in any respect which would adversel~v affect the rights of such qolders 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 its passage by the Mayor. -3- ATTEST: Presiding Officer ~±~.%, ~.~':?~- Clerk o~ City (~f ' Jeffersonvi 11 e P~esented by me to the Mayor of the City of Jeffersonville, Indiana on this ~Z~-day of December, 1974. J6ffersonvi 11 e Approved and signed by me on this ~aay of December, 1974. Ric~bard L. Vissing, Mayor o/f~City of Jeffersonville -4-