Transfer of Jurisdiction to St Joseph Co Indiana Variable Rate Health Care Facility Bonds

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RESOLUTION NO. 2-90&-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CONSENTING TO THE TRANSFER OF JURISDICTION TO ST. JOSEPH COUNTY, INDIANA REGARDING ECONOMIC DEVELOPMENT FACILITIES AND THE ISSUANCE OF COUNTY OF ST. JOSEPH, INDIANA MULTI -MODE VARIABLE RATE HEALTH CARE FACILITY BONDS, SERIES 2000(SOUTH BEND MEDICAL FOUNDATION PROJECT)TO FINANCE SAID FACILITIES WHEREAS, the City of South Bend, Indiana (the "City "), is a municipal corporation and political subdivision of the State of Indiana and by virtue of IND. CODE § 36- 7 -12 -22 is authorized and empowered to adopt this Resolution; and WHEREAS, South Bend Medical Foundation, Inc., ( "Medical Foundation'), an Indiana not- for- profit corporation with principal offices located in South Bend, Indiana, presently intends to finance: (i) the construction, expansion, renovation, improvement and equipping of the Medical Foundation's existing clinical laboratory, blood bank, administrative and other offices, mechanical systems, and other health care facilities, including site and infrastructure improvements, all located or to be located on the campus of the Medical Foundation in the City of South Bend at 530 North Lafayette Boulevard, and which comprise "economic development facilities" within the meaning of IND. CODE § 36- 7- 11.9 -3 through the issuance of economic development revenue bonds pursuant to the provisions of IND. CODE § 36 -7 -12 et sue., as amended (the "ACT "), and (ii) the refunding of the St. Joseph County, Indiana Economic Development Revenue Bonds (South Bend Medical Foundation, Inc. Project), Series 1996, dated as of December 1, 1996 (the "Prior Bonds "); and WHEREAS, there is a need to construct, expand, renovate, improve and equip the Foundation's health care facilities, and in connection therewith, to refund the Prior Bonds; and WHEREAS, due to the county-wide services provided by said health care facilities, the Common Council of the City of South Bend wishes to transfer jurisdiction over said facilities and the financing thereof pursuant to the Act to St. Joseph County. IND. CODE § 36- 7- 12 -22(b) provides in relevant part that "... economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a County without the consent of the fiscal body of the municipality ...." Now, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT the Common Council consents, pursuant to the provisions of IND. CODE § 36- 7- 12- 22(b), to the construction, expansion, renovation, improvement and equipping of said