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ORDINANCE NO. <br />AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER <br />AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, <br />AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 27 -80 <br />OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE <br />NILES AVENUE PARTNERSHIP PROJECT <br />STATEMENT OF PURPOSE OF INTENT: <br />The Common Council of the City of South Bend, Indiana, heretofore <br />has created the South Bend Economic Development Commission, hereinafter referred <br />to as "Commission ", pursuant to the provisions of the Public Law No. 182 of the <br />Acts of the General Assembly of Indiana for 1973, as such may be amended from <br />time to time; including but not limited to IC 18- 6 -4.5 -1 through IC 18- 6- 4.5 -30, <br />hereinafter referred to as the "Act "; and <br />NILES AVENUE PARTNERSHIP, an Indiana Limited Partnership, has filed <br />an application with the Commission to finance the restoration and rehabilitation <br />of those buildings located at 411 East Jefferson Boulevard, and 121 South Niles <br />Avenue, South Bend, Indiana, including the retirement and payment of a prior <br />Industrial Revenue Bond issue of Seven Hundred Fifty Thousand ($750,000.00) <br />Dollars, which will constitute economic development facilities resulting in a <br />substantial number of new jobs as well as other benefits, and in connection <br />therewith the Commission has prepared and placed on file a report containing the <br />subject matter as specified in IC 18- 6- 4.5 -16 and has forwarded copies thereof <br />to the Chairman of the Area Plan Commission of St. Joseph County, Indiana, and <br />to the Superintendent of the South Bend Community School Corporation, being the <br />area in which the proposed facilities are located, and has timely received favor- <br />able reports from each of them, and the Commission held a public hearing on the <br />proposed financing of such economic development facilities in accordance with the <br />Act after giving the required notice as provided in the Act, and adopted a <br />resolution finding that such proposed financing complies with the purposes and <br />provisions of all applicable Indiana statutes governing the issuance of Industrial <br />Development Revenue Bonds, including but not limited to the Act and approved the <br />form and terms of the Trust Indenture and User Agreement, Real Estate Mortgage <br />and Bonds, and further approved this form of Ordinance authorizing the execution <br />thereof, and that such economic development facilities will not have an adverse competitive <br />