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HomeMy Public PortalAbout021-1983 - Amending Ordinance 4-1983 - Revenue Bonds - Heritage RegencyORDINANCE NO. 21-1983 AN ORDINANCE AMENDING ORDINANCE NO. 4-1983 TO AUTHORIZE THE CITY OF RICHMOND, INDIANA, TO ISSUE, UPON SURRENDER FOR EXCHANGE, "CITY OF RICHMOND ECONOMIC ➢EVELOPMENT REVENUE BONDS, SERIES A (HERITAGE REGENCY, INC. PROJECT)" IN COUPON FORM, AND AUTHOR- IZING OTHER ACTIONS IN RESPECT THERETO. WHEREAS, the City of Richmond, Indiana (the "City"), is a municipal corporation and political subdivision of the State of Indiana and by virtue of Indiana Code 36-7-12-1 et serer., as amended (the "Act"), is authorized and empowered to adopt this Ordinance (the "Ordinance") and to carry out its provisions; and WHEREAS, the City has, pursuant to the Act and Ordinance No. 4-1983 issued bonds designated "City of Richmond Economic Development Revenue Bonds, Series A (Heritage Regency, Inc. Project) in the total principal amount of $2,265,000 (the "Bonds"); and WHEREAS, the Financing Agreement referred to in Ordinance No. 4-1983 authorizes the issuance of bearer non - coupon Bonds but does not provide for the issuance of coupon Bonds; and WHEREAS, in order to facilitate payment and transfer, the holders of the Bonds have requested that the City authorize an amendment to the Financing Agreement to provide for the issuance of coupon bonds; and WHEREAS, thb Richmond Economic Development Commission has performed all actions required of it by the Act preliminary to the adoption of this Ordinance and has approved and forwarded to this Common Council the forms of (1) a First Amendment to Bond Purchase and Loan Agreement, (the "First Amendment") dated as of May 1, 1983, among the City, the Borrower, Merchants National Bank & Trust Company of Indiana- polis, as trustee (the "Trustee") and Merchants National Bank & Trust Company of Indianapolis, as agent for the purchasers of the Bonds, providing an amendment to the Financing Agreement authorizing the issuance of coupon bonds; (2) the form of coupon Bond; and (3) this Ordinance. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: Section 1. Amendments. In order to provide for the issuance of coupon bonds upon delivery to the Trustee in exchange for Bonds heretofore issued, the City hereby approves the form and terms of First Amendment and authorizes and directs the Mayor and Clerk to execute and deliver the same for and on behalf of the City. Section 2. General. The Mayor and the Clerk be and they are each hereby authorized and directed, in the name and on behalf of the City, to execute any and all other agreements, documents, and instruments, perform any and all things deemed by them, or either of them, to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this Ordinance (including the preambles hereto and the documents mentioned herein). -z- Section 3. Binding Effect. The provisions of this Ordinance shall constitute a binding contract between the City and the holders of the Bonds, and this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of the holders of the Bonds as long as any Bonds or interest thereon remains unpaid. Section 4. Reaffirmation. In all other respects, Ordinance No. 4-19 3 is hereby ratified and affirmed. Section 5. Effective Date. This Ordinance shall be in full force and effect immediately upon its adoption by the Common Council and approval by the Mayor. Section 6. Incorporation. Two copies of the First Amend- ment incorporated into this Ordinance were duly filed in the office of the Clerk of the City and are available for public inspection in accordance with Indiana Code 36-1-5-4. PASSED and ADOPTED this !- day of 1983, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: JoE len Trimble, City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana, this - day of , 1983 1 City Clerk APPROVED by me, Clifford J. Dickman, Mayor�pf the City of Richmond, Indiana this ��i' day of A, — , 1983• May ATTES'Rt i JoEllen -Trimble, City Clerk