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REGULAR MEETING JUNE 10; 1974
<br />GULAR MEETING - RECONVENED (CONTINUED)
<br />SOLUTION NO. 426 -74 (CONTINUED)
<br />pursuant to the provisions of the Public Law No. 182 of the Acts of the General Assembly of
<br />Indiana for 1973, as such may be amended from time to time, including but not limited to
<br />IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act and
<br />WHEREAS, Real America Development, Inc. has filed an application with the
<br />Commission to finance the acquisition of real estate and the construction thereof of an
<br />industrial and commercial building (facilities) which will constitute economic development
<br />facilities resulting in a substantial number of new jobs as well as other benefits; and
<br />WHEREAS, in connection therewith the Commission has prepared and placed on file a
<br />report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and
<br />has forwarded copies thereof to the Chairman of the Area Plan Commission and to the
<br />Superintendent of the School Corporation.in the area of which the facilities will be
<br />located, and has timely received favorable reports from each of them; and
<br />WHEREAS, the Commission held a public hearing on the proposed financing of such
<br />facilities on May 17, 1974, after giving the required notice as provided for in Section
<br />17 of IC -1973, 18- 6 -4.5; and
<br />WHEREAS, the Commission at such meeting by a duly adopted written recolution,
<br />incorporated herein by reference, found that the proposed financing complies with the
<br />purposes and provisions of the Act, and approved such financing, including, but not
<br />limited to, the forms and terms of the financing agreement consisting of the Lease and
<br />Trust Indenture and the Bonds; and
<br />WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the
<br />proposed financing of such facilities for Real America Development, Inc. will be of benefit
<br />to the health or welfare of the City of South Bend, Indiana, and that, accordingly, this
<br />resolution should be adopted.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
<br />Indiana, that:
<br />Section 1. Such financing for Real America Development, Inc. under the act be and
<br />the same is hereby approved.
<br />Section 2. This resolution shall be in full force and effect from and after its
<br />passage by the Common Council and approval by the Mayor.
<br />s/ Peter J. Nemeth
<br />Councilman
<br />A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
<br />South Bend Development Commission, stated that the commission had met on May 17 and approved a
<br />resolution for the bonds. He introduced Mr. Warren McGill, the attorney for Real America
<br />Development. Mr. McGill stated that the facility consisted of a small shopping center with
<br />approximately 125 employees and a payroll in excess of $1,000,000. He stated that 30 stores were
<br />anticipated. Council President Nemeth asked about a waiver of annexation. He stated that this
<br />had been discussed at the commission hearing and it had been indicated that a waiver would be
<br />furnished. Mr. Fedder stated that the property was included in the.annexed area, and it was
<br />thought the waiver would not be needed in view of that fact. Mr. McGill stated that his client
<br />had not signed the petition to remonstrate the annexation. He felt sure there would be no question
<br />on the filing of the waiver of annexation.
<br />Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski.
<br />The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
<br />Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
<br />RESOLUTION NO. 427 -74
<br />A RESOLUTION REQUESTING DISABILITY.BENEFITS
<br />FOR JOHN A. BYTNER,.FORMER STREET DEPARTMENT
<br />EMPLOYEE FOR THE CITY OF SOUTH BEND.
<br />WHEREAS, John A. Bytner has been a loyal and faithful employee of the Street
<br />Department of the City of South Bend, Indiana, and
<br />WHEREAS, said John Bytner has become disabled and was therefore unable to perform
<br />the services required in his employment within the City of South Bend, and
<br />WHEREAS, because of a change in the administrative procedure of the Public Employees
<br />Retirement Fund, John A. Bytner has been.excluded from receiving benefits of which he is
<br />deserving in fairness and equity.
<br />NOW, THEREFORE, BE IT RESOLVED that it is the wish of the Common Council of the City
<br />of South Bend, Indiana, that John A. Bytner be accorded special individual consideration
<br />by the Board of Trustees of the Public Employees Retirement Fund and be given the dis-
<br />ability benefits he has justly earned.
<br />S1 Roger O. Parent
<br />Member of the Common Council
<br />A public hearing was held on the resolution at this time. Mr. Robert Parker, Deputy City Attorney,
<br />explained that Mr. Bytner worked for the Street Department for nine years and was forced to retire
<br />because of arthritis. Mr. Bytner could have quit before he actually did and then would have
<br />received disability benefits, but he wanted to delay his retirement and continue working as long
<br />as possible. Mr. Parker briefly explained the procedural policy change in the Public Employees
<br />Retirement Fund which required only five years of service but also required the Social Security
<br />doctors to certify the individual as being disabled. The Social Security doctors refused to
<br />recommend Mr. Bytner for social security disability benefits because he would get greater benefits
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