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RESOLUTION NO. <br />A RESOLUTION CONSENTING TO THE TRANSFER OF <br />JURISDICTION TO ST. JOSEPH COUNTY, INDIANA <br />REGARDING ECONOMIC DEVELOPMENT FACILITIES AND <br />THE ISSUANCE OF ST. JOSEPH COUNTY ECONOMIC <br />DEVELOPMENT REVENUE BONDS <br />(WESTERN MANOR COMMUNITY AND CORBY HOMES COMMUNITY) <br />STATEMENT OF PURPOSE AND INTENT <br />WHEREAS, the City of South Bend, Indiana, (the "City "), is a municipal corporation <br />and political subdivision of the State of Indiana and by Virtue of IND. CODE §36- 7 -12 -22 is <br />authorized and empowered to adopt this Resolution; and <br />WHEREAS, Western Manor Community, an Indiana Limited Partnership (Western <br />Manor) and Corby Homes Community, an Indiana Limited Partnership (Corby), with <br />principal offices located in South Bend, Indiana, at 425 N. Michigan Street, presently intends <br />to finance the renovation of affordable residential apartment facilities which are located in <br />the City of South Bend and to develop Daycare and Computer Learning facilities to serve the <br />residents of such housing at both Western and Corby which comprise "economic <br />development facilities" within the meaning of IND. CODE §36 -7- 11.9 -3 through the issuance <br />of economic development revenue bonds pursuant to the provisions of IND. CODE 36 -7 -12 <br />et seq., as amended (the "Act "); and <br />WHEREAS, Western Manor and Corby currently provide 252 affordable housing <br />facilities; and <br />WHEREAS, there is a need to preserve affordable rental housing units within St. Joseph <br />County; and <br />WHEREAS, due to the county -wide purposes served by said facilities, the Common <br />Council of the City of South Bend wishes to transfer jurisdiction over said facilities and the <br />financing thereof pursuant to the Act to St. Joseph County. IND CODE §36- 7- 12 -22(b) <br />provides in relevant part that "...economic development facilities that are to be located within <br />the corporate boundaries of a municipality may not be financed by a County without the <br />consent of the fiscal body of the municipality..." <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, THAT the Common Council consents, pursuant to the <br />provisions of IND. CODE §36- 7- 12- 22(b), to the financing of said affordable residential <br />apartment facilities by St. Joseph. County, Indiana, and its Economic Development <br />Commission, and jurisdiction with respect thereto is hereby transferred to St. Joseph County, <br />Indiana. <br />This Resolution shall be in full force and effect immediately upon its adoption by the <br />Common Council and approval by the Mayor. <br />Dated this day of November, 1996. <br />PRESENTED /1-d5-96 Member, So end Common Council <br />NOT APPROVED <br />ADOPTED <br />