REGULAR MEETING FEBRUARY 12, 1971
<br />IIREGULAR MEETING — RECONVENED (CONTINUED)
<br />seconded by
<br />Szymkowiak,
<br />(Councilman
<br />Councilman Parent. The ordinance passed by a roll call vote of eight ayes (Councilmen
<br />Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent
<br />Serge) .
<br />IIORDINANCE NO. 5486 -73
<br />AN ORDINANCE AUTHORIZING THE TRANSFER OF
<br />$7,116.81 FROM THE MUNICIPAL BONDS OF 1962
<br />FUND TO THE GENERAL SINKING FUND OF THE CITY
<br />OF SOUTH BEND, INDIANA.
<br />This ordinance had second reading. Councilman Parent made a motion that the
<br />seconded by Councilman Kopczynski. The ordinance passed by a roll call vote
<br />(Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn
<br />absent (Councilman Serge).
<br />II ORDINANCE
<br />AN ORDINANCE AUTHORIZING THE EXECUTION OF A
<br />LEASE AND TRUST INDENTURE AND ECONOMIC
<br />DEVELOPMENT REVENUE BONDS AND THE FORM AND
<br />TERMS OF THE LEASE AND TRUST INDENTURE AND
<br />BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
<br />REVENUE BONDS PERTAINING TO K & F MANUFACTURING
<br />COMPANY, AN INDIANA PARTNERSHIP.
<br />ordinance pass,
<br />of eight ayes
<br />and Nemeth), and one
<br />This ordinance had second reading. Councilman Parent made a motion that the ordinance be con-
<br />tinued to February 26, 1973, seconded by Councilman Taylor. The motion carried.
<br />RESOLUTIONS
<br />RESOLUTION NO. 349 -73
<br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
<br />OF SOUTH BEND, INDIANA, IN THE MATTER OF
<br />EDMUND J. LUTHER BEVERAGES, INC., OF SOUTH
<br />BEND, INDIANA.
<br />WHEREAS, Edmund J. Luther Beverages, Inc., has submitted its intention to
<br />the Economic Development Commission of South Bend, to construct an addition adjacent
<br />to existing facilities located at 112 North Niles Avenue, South Bend, Indiana.
<br />WHEREAS, the Economic Development Commission, pursuant to the Statute, has
<br />found by written resolution that there exists insufficient employment opportunities
<br />and that the economic welfare of the City of South Bend, Indiana, would be benefited
<br />and the purpose of the statute would be accomplished by the acquisition and leasing
<br />of the above described property to Edmund J. Luther Beverages, Inc., and
<br />WHEREAS, Edmund J. Luther Beverages, Inc., has submitted a statement of
<br />public service to the above Economic Development Commission of the City of South
<br />Bend, and said Commission has forwarded this statement of public service with their
<br />approval and comments to the South Bend School Corporation, a copy of which is
<br />attached, and
<br />WHEREAS, the affirmative response and analysis of the South Bend School
<br />Corporation has been received as presented to the Clerk of the City of South Bend,
<br />and attached, and
<br />WHEREAS, the statement of public service by Edmund J. Luther Beverages, Inc.,
<br />and the Economic Development Commission of the City of South Bend have been submitted
<br />for approval and comments to the Area Plan Commission of St. Joseph County and the
<br />affirmative action and comments of the Area Plan Commission have been received by
<br />the Clerk of the City of South Bend, as attached, and
<br />WHEREAS, the requirements of the application as described in the "Municipal
<br />Economic Development Act of 1965 of the State of Indiana" as amended, have therefore
<br />been met to this point, including a projection of the number of jobs created, the
<br />estimated payroll created and the approximation of the costs of the land and con-
<br />struction, and the impact on utilities and fire and police facilities of the City of
<br />South Bend with the approvals of the school corporation and the Area Plan Commission
<br />have jurisdiction of the area in which the proposed facility is to be built, and
<br />WHEREAS, Edmund J. Luther Beverages, Inc., seeks approximately $100,000.00 from
<br />an issue of revenue bonds of the Economic Development Commission of the City of South
<br />Bend to be signed by its Mayor and by its City Clerk and further desires to enter into
<br />a lease of not to exceed 15 years duration to be known as a net net net lease sufficient
<br />to pay the principal and interest of these bonds and obtain title at the end of the
<br />lease, and
<br />WHEREAS, by virtue of the net net net lease, the Edmund J. Luther Beverages, Inc.,
<br />indicates its intention to pay all expenses of the operation, maintenance, insurance,
<br />property taxes, whatever of the facility.
<br />THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana,
<br />that the resolution and findings of the Economic Development Commission pertaining to
<br />this project be approved and incorporated in this resolution, and
<br />THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana,
<br />that the statement of public service on the part of the Economic Development Commission,
<br />of the Area Plan Commission and of the South Bend School Corporation be accepted and
<br />approved, and
<br />THEREFORE, be it resolved that the South Bend Common Council authorize the
<br />Economic Development Commission of the City of South Bend to proceed to make preliminary
<br />agreements with the proposed lessee, Edmund J. Luther Beverages, Inc., in the nature of a
<br />conditional commitment to enter into a lease with Edmund J. Luther Beverages, Inc., and
<br />
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