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ORDINANCE NO. (,A(,914--79 <br />AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE <br />AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL <br />DEVELOPMENT REVENUE BONDS, ANDPUTHORIZING THE EXECUTION <br />THEREOF, AND APPROVING RESOLUTION NO. 28 -79 OF THE SOUTH BEND <br />ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE NILES AVENUE <br />PARTNERSHIP PROJECT <br />STATEMENT OF PURPOSE OF INTENT: <br />The Common Council of the City of South Bend, Indiana, <br />heretofore has created the South Bend Economic Development <br />Commission, hereinafter referred to as "Commission ", pursuant to <br />the provisions of the Public Law No. 182 of the Acts of the General <br />Assembly of Indiana for 1973, as such may be amended from time to <br />time, including but not limited to IC 18- 6 -4.5 -1 through IC 18 -6- <br />4.5-30, hereinafter referred to as the "Act "; and <br />NILES AVENUE PARTNERSHIP, an Indiana Partnership, has <br />filed an application with the Commission to finance the restoration <br />and rehabilitation of those buildings located at 411 East Jefferson <br />Boulevard, and 121 South Niles Avenue, South Bend, Indiana, which <br />will constitute economic development facilities resulting in a <br />substantial number of new jobs as well as other benefits, and in <br />connection therewith the Commisskn has prepared and placed on file <br />a report containing the subject matter as specified in IC 18- 6 -4.5- <br />16 and has forwarded copies thereof to the Chairman of the Area <br />Plan Commission of St. Joseph County, Indiana, and to the <br />Superintendent of the South Bend Community School Corporation, <br />being the area in which the proposed.facilities are located, and <br />has timely received favorable reports from each of the, and the <br />Commission held a public hearing on the proposed financing of such <br />economic development facilities in accordance with the Act after <br />giving the required notice as provided in the Act, and adopted a <br />resolution finding that such proposed financing complies with the <br />purposes and provisions of all applicable Indiana statutes governing <br />the issuance of Industrial Development Revenue Bonds, including but <br />not limited to the Act and approved the form and terms of the <br />Trust Indenture and User Agreement, Real Estate Mortgage and <br />Bonds, and further approved this form of Ordinance authorizing the <br />execution thereof, and that such ecaDmic development facilities <br />will not have an adverse competitive effect on similar facilities <br />