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Authorizing the Char-King Inc
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Authorizing the Char-King Inc
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11/15/2013 1:48:17 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/15/1975
Ord-Res Number
5936-75
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Year Principal Amount <br />1976 <br />$45,000 <br />1977 <br />45,000 <br />1978 <br />50,000 <br />1979 <br />50,000 <br />1980 <br />55,000 <br />1981 <br />60,000 <br />1982 <br />65,000 <br />1983 <br />70,000 <br />1984 <br />75,000 <br />1985 <br />80,000 <br />1986 <br />85,000 <br />1987 <br />95,000 <br />1988 <br />100,000 <br />1989 <br />110,000 <br />1990 <br />115,000 <br />$1,100,000 <br />Section 5. The Mayor and City Clerk are authorized and directed to <br />execute the documents constituting the Financing Agreement approved herein on <br />behalf of the City of South Bend and any other document which may be necessary <br />or desirable to consummate the transaction, including the bonds authorized here- <br />in. The signatures of the Mayor and the City Clerk on the bonds may be manual <br />or facsimile signatures. The City Clerk is authorized to arrange for delivery <br />of such bonds to the purchaser thereof, payment for which will be made to the <br />Trustee named in the Mortgage and Indenture of Trust. The Trustee is hereby <br />authorized to receive and receipt for the proceeds of said bonds on behalf of <br />the City and to hold, invest and disburse said proceeds in accordance with the <br />provisions of the indenture. <br />Section 6. The provisions of the Ordinance and the Mortgage and Indenture <br />of Trust securing the bonds shall constitute a contract binding between the <br />City of South Bend and the holder of the Economic Development Revenue Bonds <br />(Char -King, Inc. Project), and after the issuance of said bonds, this Ordinance <br />shall not be repealed or amended in any respect which would adversely affect <br />the rights of such holders so long as any of said bonds or the interest there- <br />on remains unpaid. <br />Section 7. This Common Council hereby elects to have the provisions of Section <br />103 (c) (6) (D) of the Internal Revenue Code of 1954, as amended, applied to the <br />One Million One Hundred Thousand dollar ($1,100,000.00) principal amount of the <br />bonds herein authorized; and that the Mayor and City Clerk be and they hereby are <br />authorized, empowered and directed to take any and all further action which may <br />be required to implement and effectuate such election, including without limita- <br />tion the preparation and filing of such a statement or statements or other docu- <br />ment or documents as may be deemed by them to be necessary or advisable in order <br />to comply with the procedures set forth in Section 1.103 -10 (b)(2)(VI) of the <br />Income Tax Regulations (26 CFR Part 1) under Section 103 of the Internal Revenue <br />Code of 1954, as amended. <br />Section 8. The provisions of this Ordinance are hereby declared to be <br />separable and if any section, phrase or provision shall for any reason be declared <br />by a court of competent jurisdiction to be invalid or unenforceable, such declar- <br />ation shall not affect the validity of the remainder of the Sections, phrases and <br />provisions hereof. <br />Section 9. All orders and Ordinances and parts thereof in conflict herewith <br />are to the extent of such conflict hereby repealed, and this Ordinance shall take <br />affect and be in full force immediately upon its adoption and signing by the Mayor. <br />Counci man ' <br />
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