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Prepared by the City Attorney
RESOLUTION NO. 8-02
A Resolution Finding a Need for the Construction
of a
New Police Station and Pledging Economic Development Income Tax
Distributions for Lease Payments
WHEREAS, a petition in eight (8) counterparts,
signed by sixty-four (64) taxpayers of the City of West Lafayette
("City") has been filed with the Board of Public Works and this
Common Council requesting the construction by and leasing from the
West Lafayette Building Corporation of a police station; and
WHEREAS, such petition has been carefully
considered and investigations have been conducted by this Council,
both before and after the filing of this petition; and
WHEREAS, this Council now finds that a need
exists for such police station, and that the City cannot provide the
necessary funds to pay the cost of the police station required to
meet such need; and
WHEREAS, it is deemed desirable to proceed with
the necessary negotiations and all other steps looking toward the
construction of such police station by the West Lafayette Building
Corporation and the lease of the police station to the City, as
lessee; now therefore,
WHEREAS, rentals due under the lease between the
Corporation, as lessor, and the City, acting through its Board of
Public Works, as lessee ("Lease"), shall be payable from the City's
annual distributive share of economic development income tax
("EDIT"); and
BE IT RESOLVED, that the petition of taxpayers
heretofore filed with this Council is hereby approved.
BE IT FURTHER RESOLVED, that a need exists for
the construction of such police station, and that such police
station cannot be constructed from any funds available to the City,
and that this Council proceed to take such steps as may be necessary
to secure the construction and leasing of such police station as
provided by the Indiana Code, Title 36, Article 1, Chapter 10.
BE IT FURTHER RESOLVED, that the City hereby
pledges EDIT to the payment of lease rentals due under the Lease.
BE IT FURTHER RESOLVED, that the City further
covenants that it will take no action to rescind or repeal EDIT or
to take any action that would result in the City receiving a smaller
distributive share of EDIT than the distributive share of EDIT to
which it was entitled on the effective date of this resolution. The
City further covenants that it will take no action to rescind EDIT
or reduce the EDIT rate as long as the Lease is in effect.
BE IT FURTHER RESOLVED, that the City has not
pledged or otherwise encumbered its EDIT, and there are no prior
liens, encumbrances, or other restrictions on the EDIT or on the
City's ability to pledge EDIT to the payment of lease rentals due
under the Lease.
BE IT FURTHER RESOLVED, that the City reserves
the right to issue obligations, or enter into leases, payable from
EDIT on a parity with the Lease, as long as the requirements in the
Lease are met.
BE IT FURTHER RESOLVED, that the City hereby
authorizes the Mayor and the Clerk- Treasurer to execute a
Continuing Disclosure Undertaking Agreement in connection with the
issuance of bonds by the Corporation to finance the Police Station.
This resolution shall be in full force and effect
from and after its passage and signing by the Mayor.
Office of the Clerk-Treasurer Judy
Rhodes
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