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ORDINANCE NO (o r O -1 L_ <br />AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE, MORTGAGE <br />AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS <br />AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DENTAL <br />STATEMENT OF PURPOSE OF INTENT: <br />The Common Council of the City of South Bend, Indiana, <br />heretofore has created the South Bend Development Commission, <br />hereinafter referred to as "Commission," pursuant to the provi- <br />sions 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 <br />to time, including but not limited to IC 18- 6- 4.5 -2, through <br />IC 18- 6- 4.5 -28, hereinafter referred to as the "Act;" and <br />Dental Arts Building Partnership has filed an application <br />with the Commission to finance the acquisition of real estate and <br />the construction thereof of an industrial and commercial building <br />(facilities) which will constitute economic development facilities <br />resulting in a substantial number of new jobs as well as other <br />benefits; and <br />in connection therewith the Commission has prepared <br />and placed on file a report containing the subject matter as <br />specified in Section 16 of IC 18 -6 -4.5 and has forwarded copies <br />thereof to the Chairman of the Area Plan Commission and to the <br />Superintendent of the School Corporation in the area of which <br />the facilities will be located, and has timely received favorable <br />reports from each of them; and <br />the Commission held a public hearing on the proposed <br />financing of such facilities on November 17, 1978, after giving <br />the required notice as provided for in Section 17 of IC 18 -6 -4.5 <br />and did find that the proposed financing complies with the purposes <br />and provisions of the applicable Indiana statutes governing the <br />issuance of Industrial Development Revenue Bonds by the Commission <br />and the Commission finds that the proposed facility will not have <br />an adverse competitive effect on similar facilities already <br />constructed and operating in the City of South Bend, Indiana; and <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council <br />of the City of South Bend, Indiana, that: <br />Section 1. The form and terms of the Lease, Mortgage <br />and Trust Indenture and Industrial Development Revenue Bonds <br />pertaining to Dental Arts Building Partnership facilities and <br />the issuance of the Industrial Development Revenue Bonds pursuant <br />thereto are hereby approved and adopted. <br />Section 2. Said forms of Lease, Mortgage and Trust <br />Indenture together with Industrial Development Revenue Bonds which <br />are on file with the Commission are hereby incorporated by reference <br />into this Ordinance, and said forms shall be inserted into the <br />minutes of the Common Council of the City of South Bend, Indiana <br />and shall be kept on file by the City Clerk of South Bend, Indiana. <br />Section 3. The Lease, Mortgage and Trust Indenture shall <br />be executed on behalf of the City of South Bend, Indiana by the <br />Mayor and City Clerk and sealed with the corporate seal of such <br />City. <br />Section 4. Said Industrial Development Revenue Bonds <br />payable solely and only from the revenue derived from such Dental <br />Arts Building Partnership facilities, may be issued in amounts not <br />to exceed Nine Hundred Thousand ($900,000.00) Dollars for a period <br />