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HomeMy WebLinkAboutResolution #1049RESOLUTION NO. 1049 A RESOLUTION ESTABLISHING POLICY GUIDELINES FOR THE SECURING OF LOAN FLTI~TDS TO BE DISBURSED BY THE CITY OF CANTON FROM THE DEPART- MENT OF HEALTH AND HUMAN SERVICES/OFFICE OF COMMUNITY SERVICES $1,000,000.00 LOAN FUND WHEREAS, the City of Canton has been made the recipient of a $1,000,000.00 loan fund from the Department of Health and Human Services/Office of Community Services (hereinafter "HHS/OCS")for relending to developers in the City of Canton; and, WHEREAS, the City of Canton has now been directed by HHS/OCS to establish policy guidelines with respect to the security interest to be pledged to the City of Canton to guarantee repayment of any such loans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby determines and establishes the following policy guidelines with respect to the security to be pledged to the City of Canton by its borrowers with respect to all monies to be loaned by the City of Canton from its $1,000,000.00 HHS/OCS Loan Fund: a. That no loan shall be made which has pledged in its re- payment a good and sufficient first security interest in real property and/or personal property (to include choses in action and any combinat- ion of the foregoing) which totals less than the aggregate principal amount due the City of Canton by its borrower. b. That if other than a good and sufficient first security interest in said aggregate principal amount is to be pledged, a combination of any number of first security interests and inferior interests acceptable to the City of Canton in an amount not less than 133 of the aggregate principal amount due the City of Canton may be pledged if such pledge: (1) In the case of a corporate borrower, contains the pledge of a first security interest in all corporate stock out- standing at the time the loan is made and of X11 ~orpbratesto~k which may be outstanding at all times during the term of the loan, or, until full payment is made; or, (2) In the case of a loan to an individual, a partnership, association, or other similar entity, contains the individual personal guarantee of the borrower, to include the personal guarantees, as applicable, of all partners, members of the association, and other parties in interest, in an aggregate amount not less than the total principal amount due the City of Canton. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a special meeting this 13th day of September, 1984 upon a roll call vote as follows: AYES: Aldermen Kovachevich, Hammond, Savi3:1, Sarff, Workman, Carl, Ma.y, Horr, NAYS: None, ABSENT: None, APPROVED: yam=~~(' ~~ ~~~~.-~-J~Z Donald E. , Edwards, Mayor. ATTEST: ~' an Whi s, City Clerk. -2-