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HomeMy WebLinkAboutCC-05-17-82 EDC/Dan Young Chev. CARMEL CITY COUNCIL INDUCEMENT RESOLUTION NO. (DAN E. YOUNG AND RELATED PARTIES) WHEREAS, the Carmel Economic Development Com- mission (the "Commission") was created by Ordinance pursuant to authority granted by then existing statutes; and WHEREAS, the Commission was created to investi- gate, study and survey the need for and to recommend action to improve and promote job opportunities, industrial diversification, pollution control and health facilities in and near Carmel, Indiana (the "City") pursuant to IC 36-7-12-1, et seq. (the "Act"); WHEREAS, the Commission has adopted Resolution No. and has recommended that the Carmel City Council (the "Governing Body") adopt this Resolution to induce a partnership to be formed of which Dan E. Young will be a general partner (the "Company") to acquire, construct and equip a building at 96th Street and Keystone Avenue in the City and to acquire additional equipment to be leased to Dan Yougg.Chevrolet, Inc. for use in its adjacent facilities, all of which property will be used for auto sales and service (collectively the "Facilities"); NOW, THEREFORE, BE IT RESOLVED by the Governing Body: 1. That the Governing Body does hereby find that in order to improve and promote job opportuni- ties and industrial diversification in and near the City, the prosperity, economic stability and general welfare of the City would be benefited by entering into a financing agreement for the financing of the acquisition, construction and equipping of the Facilities pursuant to which the City will issue its economic development revenue bonds not to exceed the aggregate amount of $500,000 and to loan the proceeds to the Company; provided, however, as a condition to the City entering into such financing agreement, Dan E. Young must personally be obligated to pay the indebtedness of the Company if the Company defaults. 2. That it appears that there would be no adverse competitive effect on any similar facilities located in or near the City, all as presented before the Governing Body at a meeting held May 17, 1982. 3. In order to induce the Company to proceed with the acquisition, construction and equipping of the Facilities, the Governing Body of the City hereby determines that (a) the City will authorize and issue revenue bonds not to exceed the aggregate amount of $500,000 (collectively the "Bonds") of the City pursuant to law to finance the cost of the acquisition, construction and equipping of the Facilities, including reimbursement or repayment to the Company of any monies heretofore expended by the Company for the Facilities, so long as such reimbursement will not render the income on the Bonds taxable for federal income tax purposes, and any monies expended by the Company for acquisition, construction and equipping of the Facilities after the date of this resolution, (b) enter into contrac- tual arrangements with the Company to apply the proceeds derived from the issuance and sale of the Bonds to the financing of the acquisition, construc- tion and equipping of the Facilities and the expenses incidental thereto, and whereby payments to be made by the Company shall be sufficient to pay the Bonds and the interest thereon, as and when the same shall become due and payable, (c) adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such actions as may be necessary or advisable for the authorization, issuance and sale of the Bonds. 4. The Commission is hereby authorized and directed to proceed in accordance with the Act and this Resolution to take further proceedings to accomplish the financing. 5. The obligation of the Commission and the City shall be limited solely to the good faith efforts to consummate said proceedings and issue the Bonds, and neither the Commission, the City, its officers or members shall incur any liability whatsoever if for any reason the proposed issuance of the Bonds or the undertakings, as described herein, are not consummated. -2- Passed this Attest: 17th day of May, 1982. Dorothy J. Hancock, Clerk-Treasurer th is Presented by me to the Mayor at l.~ ~.M. /7 day of ~_~ , 1982. D6rothy J.U~ancock, Clerk-Treasurer Appr~d signed by me at day of /~L~. , 1982. , Mayor i~~Clerk-Treasurer -3-