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RESOLUTION NO. 3 3 � ` / q <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, PROVIDING PRELIMINARY APPROVAL OF THE <br />ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN <br />ECONOMIC DEVELOPMENT FACILITIES FOR <br />NOBLE AMERICAS SOUTH BEND ETHANOL, LLC <br />WHEREAS, the City of South Bend, Indiana (the "City ") is authorized by I.C. 36 -7- <br />11.9 and 12, as supplemented and amended (the "Act "), to issue revenue bonds for the financing of <br />economic development facilities, the funds for said financing to be used for the acquisition, <br />construction, installation and equipping of said facilities; and <br />WHEREAS, Noble Americas Corp., on behalf of its subsidiary Noble Americas <br />South Bend Ethanol, LLC, (the "Applicant ") has advised the South Bend Economic Development <br />Commission (the "Commission ") and the City that it proposes that the City issue economic <br />development revenue bonds for the purpose of providing financing for certain economic <br />development facilities consisting of the acquisition, construction, installation and equipping of, <br />including, but not limited to, grain drying systems, process technology upgrades, boilers, cooling <br />towers, water treatment, tanks, piping systems, CIP system and any other facilities and equipment <br />which may be financed through the issuance of economic development revenue bonds (the "Project") <br />in conjunction with the Applicant's renovation of the ethanol production facility located at 3201 <br />West Calvert Street in the City; and <br />WHEREAS, the Applicant has proposed that the City issue its revenue bonds under <br />the Act to finance the acquisition and installation of the Project under a financing agreement whereby <br />the proceeds of such bonds would be utilized to acquire, construct and install the Project and the <br />Applicant would make payments sufficient to pay the principal of, premium, if any, and interest on <br />said bonds; and <br />WHEREAS, the Applicant has further advised the City that the determination by the <br />City preliminarily to accept such a proposal for financing the Project will constitute a substantial <br />inducement to the Applicant to proceed with the Project; and <br />WHEREAS, it is estimated that the Project will result in the creation of <br />approximately fifty (50) new permanent jobs; and <br />WHEREAS, the Commission has given its approval to such financing of the Project; <br />and <br />WHEREAS, the issuance and sale of said revenue bonds will not reduce the legal <br />bonding capacity of the City; and <br />WHEREAS, the City shall bear no expense in connection with the issuance and sale <br />of said revenue bonds and all expenses in connection thereto which are incurred by the City shall be <br />reimbursed to the City by the Applicant; and <br />dms.us.53706150.01 <br />