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HomeMy Public PortalAbout19-1995-25 411 RESOLUTION /� L d — o�5 INDUCEMENT RESOLUTION FOR ECONOMIC DEVELOPMENT BONDS (CROWN EQUIPMENT CORPORATION) WHEREAS, the City of Greencastle, Indiana (the " Issuer" ) is authorized by IC 36-7-11 . 9 and 12 (the "Act" ) to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, renovation and equipping of said facilities , and said facilities to be either sold or leased to a company or directly owned by a company; and WHEREAS, Crown Equipment Corporation, an Ohio corporation (the "Applicant" ) , has advised the Issuer that it proposes that the Issuer lend proceeds of an economic • development financing to the Applicant to be used for the acquisition, renovation and equipping of an existing building of approximately 181 , 000 square feet, located at 2600 State Road 240 East in the City of Greencastle, Indiana, for use as a facility for the manufacture of lift trucks ( "Project" ) ; and WHEREAS, the diversification of industry and increase in job opportunities ;approximately /z C-new jobs) to be achieved by the acquisition, rencvation and equipping of the Project will be of Public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it would appear that the financing of the Project wouli be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it is tentatively found that the • acquisition, renovation and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating in Greencastle, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, as follows : 1 . The Common Council of the City of Greencastle finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near Greencastle, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer; and that it is in the public interest that the Greencastle Economic Development Commission and the Issuer take such action as they lawfully may to encourage economic development , diversification of industry and promotion of job opportunities in and near the Issuer . 2 . The Common Council of the City of Greencastle approves , determines , ratifies and confirms that • the , issuance and sale of economic development revenue bonds in the maximum amount of $10 , 000 , 000 of the Issuer under the Act for the lending of the proceeds of the revenue bonds to the Applicant , for the acquisition, renovation and equipping of the Project will serve the public purposes referred to above, in accordance with the Act . 3 . In order to induce the Applicant to proceed with the acquisition, renovation and equipping of the Project, the Common Council of the City of Greencastle hereby approves , determines, ratifies and confirms that ( i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof ; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of economic development revenue bonds ; and that the aforementioned purposes comply with the provisions of I . C. 36-7-11 . 9 and 12 , and (iii) it will use its best efforts at the request of Applicant to authorize the issuance of additional bonds for refunding and refinancing the outstanding principal amount of the bonds, for completion of the Project and for additions to the Project, including the costs of issuance (providing that the 410 financing of such addition or additions to the Project is found to have a public purpose [as defined in I . C . 36-7-12-3] -2- ® at the time of authorization of such additional bonds) , and that the aforementioned purposes comply with the provisions of I . C. 36-7-11 . 9 and 12 ; provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant . 4 . All costs of the Project paid or incurred by the Applicant, .including reimbursement or repayment to the Applicant of moneys expended by the Applicant for a portion of the interest paid during the acquisition, renovation and equipping of the Project, underwriting expenses and attorney and bond counsel fees, will be eligible to be paid from the proceeds from the sale of the bond issue to finance the Project, and the Issuer will lend the proceeds from the sale of the bonds to the Applicant for the same purposes . Also, preliminary expenditures for such matters as planning, architectural and engineering work, paid or incurred by the Applicant will be eligible to be paid from the proceeds from the sale of the bond issue to finance the Project . 5 . This resolution shall constitute the declaration of intent (to reimburse original expenditures on the Project from the proceeds of the bonds) of the City within the meaning of Federal Income Tax Regulations Sections 1 . 103- 8 (a) (5) (i) and (ii) and 1 . 150-2 and for purposes of compliance with any other federal and state laws requiring • governmental action as authorization for future reimbursement from the proceeds of the• bonds . PASSED and RESOLVED by the Common Council cf the City of Greencastle, at its special meeting this 21st day of November, 1995 . COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIyNA �' ✓� %. v' /, , G2 �---\ . _.\.. . ✓ an 7; Murray �1 Thoms W . Roach / S yes < a z' yi I / ,/ „V i l i_2(;• 4/ ,,, ../ 1 /I'.,•, Mark N. Hp.mme� MZ'chael W . Rokicki __ Charles T. Mi'les Approved and signed by me this 21st day of November, 1995 at 9=n- o' clock ,;O .m. /...:/: :lichaei :1 . :-?armless, Mayor III ATTEST: J L ' L7cnald L. ,Weaver, Clerk-Treasurer reasurer