12-06-82 Council Meeting Minutes

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REGULAR MEETING DECEMBER 6, 1983 A public hearing was held on the resolution at this time. Sherrie Petz, Deputy Controller indicated this resolution was a suggestion of the State Board of Accounts. She indicated this resolution will amend the resolution passed in 1952, which exempted legislative officials from the election of OASI, and bring the resolution into compliance with present practice. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1019 -82 AN INDUCEMENT RESOLUTION RELATING TO THE FINANCING OF ECONOMIC DEVELOPMENT FACILITIES FOR BEATRICE FOOD CO. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and construction of economic development facilities pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, Beatrice Foods Co. (the "Company "), proposes to acquire and construct economic development facilities as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; NOW, THEREFORE, the Common Council of the City of South Bend, Indiana, resolves as follows: 1. The Project constitutes economic development facilities which may be financed by the City through the issuance of revenue bonds pursuant to the Act, and the City is willing upon compliance with all provisions of Indiana law to authorize the issuance of its revenue bonds in an amount of approximately $2,500,000.00 (or such lesser amount as may be agreed upon), which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. 4. The liability and obligation of the South Bend Economic Development Commission, 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 the South Bend Economic Development Commission, South Bend Common Council and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated this proposed bond issue would be for the acquisition of the Gentner Packing Company. He indicated it would be used as a veal processing plant. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 151 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 10, 1983, and refer it to the Public Safety Committee, seconded by Council Member Crone. The motion carried. BILL NO. 152 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (316 SOUTH ST. JOSEPH.) This bill had first reading. Council Member Zielinski made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 153 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS ALLEYS WITHIN THE OLIVE - SAMPLE STREET OVERPASS PROJECT AREA LYING NORTH OF SAMPLE STREET, SOUTH OF FORD STREET, EAST OF BENDIX STREET AND WEST OF PHILLIPA STREET.