03-09-81 Council Meeting Minutes

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W REGULAR MEETING MARCH 9, 1981 n RESOLUTION NO. 870 -81 AN INDUCEMENT RESOLUTION RELATING TO THE WILLIAM R. DOBLAW AND HEIKE DOBSLAW PROJECT WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Cuncil of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, following an investigation and survey, has determined that a need exists in the com- munity for additional job opportunities and commercial and industrial diversification. That in order to improve and promote job opportunities, commercial diversification, and the general welfare of the community, a financing agreement should be entered into with William R. Dobslaw and Heike Dobslaw, or their assigns, relating to a project to be known as the "William R. Dobslaw and Heike Dobslaw Project "; and WHEREAS, William R. Dobslaw and Heike Dobslaw are residents of St. Joseph County in the State of Indiana and are the owners and operators of Jenny's Incorporated, an Indiana corporation engaged in the restaurant business, and desire to acquire real estate and construct a facility for the purpose of expansion of Jenny's Incorporated operations and the employment of a substantial number of new employees and, WHEREAS, William R. Dobslaw and Heike Dobslaw propose to acquire a parcel of real estate located at the southeast corner of Ireland Road and U.S. 31 South, and to construct thereon and equip a restaurant facility consisting of more than 8,000 square feet; and WHEREAS, to induce William R. Dobslaw and Heike Dobslaw, or their lessees, to become the principal users of such economic development facilities, the South Bend Common Council desires to adopt this resolution; and WHEREAS, it is apparent that the development of the proposed project will increase job opportunities and commercial diversification in St. Joseph County, Indiana, resulting in benefit to the welfare of the public in the City of South Bend and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council as follows: SECTION I. That approval is hereby given to the application of William R. Dobslaw and Heike Dobslaw relating to the acquisition of such real estate and the construction and equipping of an industrial facility thereon, wherein industrial revenue bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding $350,000 repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years after the issue date. SECTION II. In order to encourage, induce and solicit such application by William R. Dobslaw and Heike Dobslaw, for such Industrial Revenue Bond issue relating to the acquisition, construction and equipping of such Economic Development Facilities, the South Bend Common Council shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs of acquiring such real estate and the construction and equipping of such Economic Development Facilities. SECTION III. Any costs or expenses incurred in connection with the William R. Dobslaw and Heike Dobslaw Project shall be included in the Project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. SECTION IV. That the liability and obligation of the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and neither the South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such Bonds is not consummated. This resolution adopted by the South Bend Common Council of the City of South Bend, Indiana, this 9th day of March, 1981. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was an inducement resolution and there would be a subsequent public hearing at a later date before the Economic Development Commission and the Council. He indicated they planned to construct a restaurant on the southeast corner of Ireland and U.S. 31. He indicated that approximatel forty new jobs would be created, and the project would cost approximately $500,000. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes.