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HomeMy WebLinkAboutD-1488-00 Utilities/ Temp LoanSponsor: Councilor Wilson ORDINANCE NO. D-1488-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA PROVIDING FOR THE TEMPORARY LOAN OF FUNDS WHEREAS, the Common Council (the "Council') of the City of Carmel, Indiana (the "City") has determined that a need exists for the acquisition of property and the construction of a facility for the housing and maintenance of vehicles used to maintain and repair the capital assets of the City (the "Project"); and WHEREAS, in order to provide immediate funds for the acquisition of the site for the Project and for preliminary design, architectural and/or engineering costs, the Council has determined to authorize a temporary loan of funds fi'om the operating funds of the water and sewer utilities of the City, pursuant to Indiana Code 8-1.5-3 and 36-1 et seq. NOW, THEREFORE, BE IT ORDAINliD BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: Pursuant to Indiana Code 8-1.5-3 and 36-1 et seq., the Council hereby authorizes the temporary loan of One Million Dollars ($1,000,000) from the operating fund of the water utility of the City to a special fund hereby created and designated as "City of Carreel 2000 Fleet Maintenance Facility Project Fund" (the "Project Fund"), and the temporary loan of One Million Dollars ($1,000,000) from the operating fund of the sewer utility of the City to the Project Fund (such loans hereinafier collectively referred to as the "Utility Loans"). The Utility Loans shall be repaid in full, with simple interest calculated at the rate of six percent (6%) per annum. In support of the authorization of the Utility Loans, the Council hereby makes the following findings: (a) It is necessary for the City to borrow money to enhance the Project Fund, which is in need of money for cash flow purposes to provide for the acquisition of the site for the Project and the payment of preliminary design, architectural and/or engineering costs; Co) There is sufficient money on deposit to the credit of the respective operating funds of the City's water and sewer utilities that can be temporarily loaned to make the Utility Loans; (C) The moneys in the operating funds of the City' s water and sewer utilities being loaned herein were derived from the operations of the City. (d) This loan is being made for current purposes in anticipation of taxes levied and to be collected during the current or following year. D:\Files\Ordinanccs~D-1488-00.doc The Council hereby calls for a public hearing on the appropriation of the proceeds of the Utility Loans in accordance with Indiana Code 6-1.1-18-5, such hearing to be held at the regular Council meeting to be held on October 2, 2000. The appropriate officers of the City are hereby authorized and directed to provide the required legal notices of such hearing by publication and posting. The Council hereby authorizes the Mayor to negotiate and enter into an agreement for the purchase by the City of the Project site, such agreement to be conditioned upon completion of all necessary actions, proceedings and approvals required by law for the City to acquire real property, and upon the closing of the Utility Loans and appropriation of the proceeds thereof for such purpose. The Mayor and other appropriate officers of the City are hereby authorized to take such further actions and execute such documents as may be necessary or appropriate to effectuate the Utility Loans and real estate purchase authorized herein. This Ordinance shall supercede and cause to be rescinded Resolution No. CC 08- 30-00-01. This Ordinance shall take effect upon its passage by the Council and signing by the Mayor as required by law. Passed by the Common Council of the City of Carmel, Indiana this/(t/6 day of ~D(i~['~r/' ,2000, by a vote of 5' ayes and e2) nays. ding Officer Kevin Kirby rea Wa' D:XFiles\OrdinancesXD-1488-00.doe ATTEST: ~ Diana L. Cordray, IAMC, Cl~easurer 2000. Diana L. Cordray, IAMC, Cl~r~asurer ,2000. ATTEST: Diana ~AMC, Clerk-T surer LINE COUNT General Form No. 99P ~.evlsed 2000} Dlsphy M~tter (Must not exceed tw~ actual lines. neither ofwltich shsl[ to~l more than four soled lines of type in which the body of the adverUsment is set) -- number of equivalent lines ........................ Head - number of lines ............................................. Body -- number of lines ............................................. Tall -- number of lin~s .............................................. Tot~ n~Lmber of lines in noUce ......................... ; .......... ~I a~o Charge for extra proofs of publication ($1.00 for each proof In excess of two) ............................................... TOTA~ A~o~r~ OF c~ ......................................$ .//, fly DATA FOR CO~{PUTING COST ~d~ofsm~e~um ~ / e~ / Numb~ of m~ons / Pursuant to the provisions and penalUes of Chapter 155, Acts 1953. I hereby cerufy that the foregoing account tsJust and correct, that the amount claimed Is legally due. ailer allowing all Just credits. and that no part d thllflT~b~f~,~~ ii s~t~ o~ l~d~an. 'i which was duly published In said paper for . llcation being as follows: