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ORDINANCE NO. 7,5"y <br /> AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, <br /> INDIANA (THE "CITY" ) , TO ISSUE ITS 1985 ECONOMIC <br /> DEVELOPMENT REVENUE BOND, <br /> (FRANK DARNELL PROJECT) , <br /> IN THE AGGREGATE PRINCIPAL AMOUNT OF <br /> TWO MILLION FOUR HUNDRED THOUSAND DOLLARS <br /> ($2,400,000 ) AND APPROVING <br /> AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO <br /> STATEMENT OF PURPOSE AND INTENT: <br /> The City is a municipal corporation and political <br /> subdivision of the state of Indiana, and by virtue of Title 36, <br /> Article 7, Chapter 12, of the Indiana Code, as amended (the <br /> "Act" ) , is authorized and empowered to adopt this Ordinance and <br /> to carry out its provisions; and <br /> The South Bend Economic Development Commission (the <br /> "Commission" ) has rendered its report concerning the proposed <br /> financing of economic development facilities for Frank D. <br /> Darnell, and the Area Plan Commission has commented favorably <br /> thereon; and <br /> The Commission, after public hearing held on November 15, <br /> 1985, has adopted a Resolution, which has been transmitted to <br /> this Council; (i) finding that the construction and acquisition <br /> by Frank D. Darnell ( "Mr. Darnell" ) of the proposed economic <br /> development facilities described in said Report will not have an <br /> adverse competitive effect on any similar facilities already <br /> constructed or operating in or about the City; (ii) further <br /> finding that the proposed economic development revenue bond <br /> financing of such facilities will be of benefit to the health <br /> and welfare of the City and its citizens; (iii) further finding <br /> that the proposed economic development revenue bond financing of <br /> such facilities complies with the purposes and provisions of the <br /> Act; (iv) approving the economic development revenue bond <br /> financing of such facilities, including the form and terms of <br /> the Loan Agreement, Mortgage and Security Agreement between the <br /> City and Frank D. Darnell, "Loan Agreement, " Promissory Note of <br /> Frank D. Darnell to the City, the Trust Indenture between the <br /> City and Valley American Bank and Trust Company ( "VAB" ) , the <br /> registered 1985 City of South Bend, Indiana Economic Development <br /> Revenue Bond ( "Bond" ) (Frank Darnell Project) from the City to <br /> the bondholder, a form of Lease, and this Ordinance presented to <br /> the Commission; and (v) recommending that this Council find that <br /> the proposed economic development revenue bond financing of such <br /> facilities will be of benefit to the health and welfare of the <br /> City and its citizens and complies with the purposes and <br /> provisions of the Act and that this Council adopt an ordinance <br /> approving such financing. <br /> 1. <br />