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HomeMy WebLinkAboutNo. 0228 authorizing issuance of certain project temp. loan notes in connection with UrBan Renewal Project No. IND R-56, providing security for the payment thereof and for other purposesRESO' LOAN AND I OTHE' WHER called t and carr authoriz sometime under Ti which ma to the P between RESOLUTION NO. 228 .UTION AUTHORIZING THE ISSUANCE OF CERTAIN PROJECT TEMPORARY NOTES IN CONNECTION WITH URBAN RENEWAL PROJECT NO. IND. R -56 'ROVIDING FOR THE SECURITY FOR THE PAYMENT THEREOF, AND FOR t PURPOSES AS the City of South Bend, Department of Redevelopment (herein sometimes e "Local Public Agency ") is duly authorized and proposes to undertake out a certain urban renewal or redevelopment project of the character d by law with financial aid by the United States of America (herein called the "Government ") in the form of a Project Temporary Loan le I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), be made by the Government to the Local Public Agency with respect oject in accordance with a Contract for a loan and grant by and he Local Public Agency and the Government; and WHEREAS, in order to enable the Local Public Agency to obtain such financial aid, it is necessary for the Local Public Agency to authorize and, from time to time, issue certain obligations as hereinafter provided: NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, Governin Body of the City of South Bend, Department of Redevelopment, as follows: Sect on 1. That in order to provide funds to enable the Local Public Agency to defray expenses and costs in connection with the undertaking and carrying out of the Project, and to refund, renew, extend, or substitute for any Project Temporary Loan Notes by this Resolution authorized to be issued, there are hereby authorized to be issued, from time to time, Project Temporary Loan Notes of the Local Public Agency in an aggregate principal amount out- standing at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Project Temporary Loan Notes in connection with the Project) of not to exceed Five Hundred Eight Thousand, Eight Hundred Eighty Dollars ($508,880.00). Sect on 2. That each such note shall be designated "Project Temporary Loan Not!"; shall be payable, as to the principal thereof together with the inte est thereon, upon demand, but solely from the Project Temporary Loan Repaymen Fund hereinafter mentioned and not otherwise; shall be payable at the prin ipal office of the Local Public Agency in any coin or currency of the United S ates of America, which, on the date of the payment of the principal thereof nd the interest thereon, is legal tender for the payment of public and priv to debts; shall be payable to the United States of America or order; shall be signed in the name of the Local Public Agency by the Mayor of the City of outh Bend; shall have the official seal of the Local Public Agency impresse thereon and attested by the City Clerk of the City of South Bend; and shat bear interest at the rate or rates as follows: Duri and the on t From unre note whic i mne shal Janu shal i me, acco excei ig the period from the date of the acceptance of delivery of payment for each such note through December 31, 1968, (herein called Initial Interest Period "), said principal sum shall bear interest e unrepaid amount thereof at the rate of six per centum (6%) per annum. and after said date each such Note shall bear interest on the paid principal amount thereof at a redetermined rate (to be duly I on behalf of the United States of America on the reverse thereof), shall be initially determined and become effective on the date liately following the expiration of the Initial Interest Period and be successively redetermined at 6 -month intervals thereafter on ry 1 and July 1 of each year; and each such redetermined rate become effective,; with respect to payments unrepaid on the date liately preceding the effective date of such redetermined rate, in dance with the following formula: The redetermined rate shall not !d six per centum (6 %) per annum, but otherwise shall be the higher of: -1- Sect statemen the foll Sect, account hereby do No. Ind. "Project be mainti Insuranco or accoui Repayment Project carried c and betty( moneys sl deposite4 when sucl (a) The "going Federal rate" determined pursuant to the provisions of Title I of the Housing Act of 1949, as amended, and effective on the effective date of such redetermined rate; or (b) A rate per annum equal to the average yield to maturity on all outstanding obligations of the United States having a maturity of approximately five years from the May 1 or November 1, as the case may be, next preceding the effective date of such redetermined rate, as deter- mined by the Secretary of Housing and Urban Development upon advice of the Secretary of the Treasury, such average yield to be estimated on the basis of daily closing market bid quotations or prices for the month of May or November next preceding the effective date of such redetermined rate, and adjusted to the nearest 1/8 of 1 percent. on 3. That each Project Temporary Loan Note issued, including a of the delivery thereof to the Government, shall be in substantially swing form: (a) When such Project Temporary Loan Note supports a requisition for a direct Federal loan to finance the urban renewal or redevelopment project, such Note shall be in substantially the form of "Exhibit A" attached hereto and made a part hereof; Provided that each such Project Temporary Loan Note bearing a date subsequent to the expiration of the "Initial Interest Period" shall state on its face the applicable interest rate and shall define therein the term "Initial Interest Period" by use of a date which shall be the end of the pertinent six -month period, both as authorized and as required by this Resolution; (b) When such Project Temporary Loan Note is to be held by the Government in escrow in connection with the issuance of obligations of the Local Public Agency to aid in financing the aforementioned urban renewal or redevelop- ment project, such Note shall be in substantially the form of "Exhibit B" attached hereto and made a part hereof. on 4. That there is hereby established a separate and special in the books of account of the Local Public Agency, which is �signated the "Project Temporary Loan Repayment Fund; Project R -56 ", said account being elsewhere herein referred to as the Temporary Loan Repayment Fund." The moneys of such account shall tined in a bank or banks which are members of the Federal Deposit Corporation, and may be deposited in a consolidated bank account its limited to the moneys comprising the Project Temporary Loan Fund for this Project together with the moneys comprising the emporary Loan Repayment Fund for any or all urban renewal projects gut or to be carried out under Contracts for a Loan and Grant by !en the Local Public Agency and the Government. The following gall be debited to said Project Temporary Loan Repayment Fund and I in the bank account or accounts authorized by this section as and i moneys are received by the Local Public Agency: (a) The proceeds of all sales of Project Land by the Local Public Agency, excluding such proceeds as may arise from the sale of Project Land after such Project Land has been leased; (b) All moneys constituting compensation by the Local Public Agency for Project Land which it retains instead -2- of selling or leasing, excluding the moneys which may arise from the retention of Project Land after such Project Land has been leased; (c) All payments which are made by the Government to the Local Public Agency on account of the Project Capital Grant; (d) All moneys which may be provided by the Local Public Agency from sources other than the Government or from the proceeds of a Project Definitive Loan, if any, to compensate the Project Temporary Loan Repayment Fund for the fair value imputed to Project Land which is leased by the Local Public Agency rather than sold by it for cash; (e) All such Local Grants -in -Aid in the form of deficiency cash grants as, after the Gross Project Cost and the Net Project Cost have been determined and the payment of all costs comprising Item 1 of Gross Project Cost has been duly made or provided for and all other Local Grants -in -Aid applicable to the Project which have been provided have been determined, are provided with respect to the Project to meet the deficiency, if any, in Local Grants -in -Aid in connection with the Project; (f) All accrued interest, if any, which is paid to the Local Public Agency on Project Temporary Loan Notes at the time when the Government takes up and pays for such Project Temporary Loan Notes; (g) All income derived from the investment of moneys deposited in the Project Temporary Loan Repayment Fund; and (h) The unexpended balance, if any, remaining or belonging in the Project Expenditures Account after all costs constituting Item 1 of Gross Project Cost have been paid. Sect on 5. That Project Temporary Loan Notes issued pursuant to the provisions of this Resolution shall, as to both the principal thereof and the inte est thereon, constitute an exclusive first lien and charge upon the funds which, by the terms of this Resolution, comprise the Project Temporar, Loan Repayment Fund; which Fund is hereby irrevocably pledged to the p yment of the principal of and interest on such Project Temporary Loan Notes. Sect on 6. That the Executive Director is hereby authorized to file requisit ons, together with necessary supporting documents, with the Government, from time to time as Project Temporary Loan or Project Capital Grant funds are required requesting payments to be made on account of the Project Temporary Loan or the Project Capital Grant provided for in the said Contract for loan and gran , and to do and perform all other things and acts required to be done or :erformed in order to obtain such payments. Sect on 7. That, when as directed by further resolution or resolutions, the proper officers of the Local Public Agency shall prepare, execute, and deliver to the Government the Project Temporary Loan Notes hereby authorized and shat accept payment therefor from the Government. Sect on 8. That the proceeds of the sale of all Project Temporary Loan Notes is ued pursuant to this Resolution shall be deposited and disbused only in accor ance with the provisions of the Contract for loan and grant, unless otherwis approved in writing by the Government. Sect on 9. That the Project (which is designated Project No. Ind. R -56 and is h rein called the "Project ") includes and consists of all undertakings 53 !