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HomeMy WebLinkAboutD-112 $1.25M EDC/Standard LocknutAN ORDINANCE AUTHORIZING THE CITY OF CA~EL TO ISSUE ITS "ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, (STANDARD LOCKNUT AND LOCKWASHER, INCo)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO- ORDINANCE WHEREAS, the Carmel Economic Development Commission has rendered its Project Report for the Standard Locknut and Lock- washer, Inc. ("Standard") Project regarding the financing of proposed economic development facilities for Standard; and WHEREAS, the Carmel Economic Development Commission con- dusted a public hearing on~~ 2/ , 1977, and also adopted Resolution No. ~ ~ .~_ on ~ , 1977, which Resolution has been transmitted hereto, finding that the financing of certain economic development facilities of Standard complies with the purposes and provisions of I.C. 18-6-4.5 and that such financing will be of benefit to the health and welfare of the City of Carmel and its citizens; and wHEREAS, the Carmel Economic Development commission has heretofore approved and recommended the adoption of this form of ordinance by this Common Council and has approved the forms of and has transmitted for approval by this Common Council the Lease ~greement and Trust Indenture; now therefore BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF cARMEL, INDIANA THAT: Section 1. It is hereby found that the financing of the economic development facilities referred to in the Lease Agreement approved by the Carmel Economic Development Commis- sion and presented to this Common Council, the issuance and sale of revenue bonds, the use of the net proceeds thereof for the acquisition and construction of such facilities and the equipping thereoft the lease of said facilities to Standard, the payment of the revenue bonds by the rent payments of Standard, under the Lease Agreement, and the securing of said bonds by the mortgaging of such facilities to the Trustee under the Trust Indenture will be of benefit to the health and welfare of the City of Carmel and its citizens and complies with the purposes and provisions of I.C. 18-6-4.5. Section 2. The forms of the Lease' Agreement and Trust in(%antur~_app~o~ed--by~th~ Carmel Economic Develop~Commis-- sion are hereby approved and such documents (herein collec- tively referred to as the "Financing Agreement" referred to in I.C. 18-6-4.5), shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk-Treasurer- Section 3. The City of Carmel shall issue its Economic Development First Mortgage Revenue Bonds (Standard Locknut and Lockwasher, Inc.) (the "Bonds"), in the total principal amount of One Million Two Hundred Fifty Thousand Dollars ($1t250,000) for the purpose of procuring funds to pay the costs of acquisi- tion, construction and equipping of the economic development -2- Facilities, as more particularly set out in the Trust Inden- ture and Lease Agreement incorporated herein by reference, which Bonds will be payable as to principal, premium, if any, and interest from the rental payments made by Standard, under the Lease Agreement and from other revenueS and income realized under the Lease Agreement, or as otherwise provided in the above described Trust Indenture. The Bonds shall never consti- tute a general obligation of, an indebtedness of, or a charge against the general credit of the City of Carmel. Section 4. The Clerk-Treasurer is authorized and directed to sell such Bonds to the purchasers thereof at a rate or rates of interest on the Bonds not to exceed 7-1/4% per annum and at a price of 100% of the principal amount thereof- Section 5. The Mayor and Clerk-Treasurer are author- ~d ~nd ~3~c~-~-~° e~e~clLte~tke~Ocu~en~ c°nsti~q~ing th~ _. _ ~ a~roved herein on behalf of the City of Financing Agreemenu ~ Carmel and any other documentS which may be necessary or des!r- able to consununate the transaction, including the Bonds author- ized herein. The Mayor and Clerk-Treasurer are further author- ized to approve by their execution.the selection of the Trustee and such modifications, insertions or amendments in the Financ- ing Agreement as may be deemed appropriate. The Bonds shall be dated as of the date of closing. The Clerk-Treasurer is authorized to arrange for delivery of the Bonds to the Trustee named in the Trust Indenture, payment for which will be made to the Trustee named in the TruS~. Indenture and delivered by the Trustee to the purchasers .thereof. -3- Section 6. The provisions of this ordinance and the Trust indenture securing the Bonds shall constitute a contraCt binding between the City of carmel and the holder of the Bonds 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 its passage and signing by the Mayor- /Attest: I ~ ~re~asureL city of carmel, Presented bY me to the May°~,e · indiana, on this ~ day of ~ ~977' / ~Treasurei Approved and signed by me on this ~ day of _,1977. -4-