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WHEREAS, the Project will be used by the Borrower for the manufacture of printed materials; <br />and <br />WHEREAS, pursuant to a Bond Purchase and Loan Agreement (the "Loan Agreement"),dated <br />the date of closing, among the Issuer, the Borrower and Bank One, Indiana, N.A., a national banking <br />association, as original purchaser of the Bonds (the "Holder"), the Issuer proposes to issue its <br />$1,300,000 Economic Development Revenue Bonds, Series 1999 (Rink Riverside Printing, Inc. <br />Project) (the "Bonds") to provide funds for the Project, by lending such funds to the Borrower <br />pursuant to the Loan Agreement which prescribes the terms and conditions under which the <br />Borrower shall repay such loan and pursuant to which the Borrower will execute and deliver to the <br />Issuer its promissory note (the "Project Note") in the principal amount equal to the aggregate <br />principal amount of the Bonds; and <br />WHEREAS, it is estimated that the costs of the Project, including costs relating to the <br />preparation and issuance ofthe revenue bonds, will be approximately $1,360,000 ofwhich an amount <br />not to exceed $1,300,000 will be funded with the proceeds of the Bonds; and <br />WHEREAS, the Project will be of the character and will accomplish the purposes provided for <br />by the Act, will create and retain employment opportunities in the City of South Bend, Indiana, and <br />will be to the benefit of the health and general welfare of the citizens of the City of South Bend, <br />Indiana; and <br />WHEREAS, pursuant to the provisions of Section 36-7-12-24(a) ofthe Act and Section 147(f) <br />of the Internal Revenue Code of 1986, as amended (the "Code"), a public hearing on the proposed <br />plan of financing of the Project was held by the Economic Development Commission (the <br />"Commission") of the Issuer, prior to the adoption of this Ordinance, pursuant to notice caused to <br />be published by the Commission in the South Bend Tribune and in the Tri-County News, both being <br />newspapers of general circulation in the City of South Bend, Indiana, on November 19, 1999. <br />NOW, THEREFORE, BE IT RESOLVED by the members ofthe Common Council ofthe City <br />of South Bend, Indiana, AS FOLLOWS: <br />Section 1. Definitions. In addition to the words and terms defined in this Ordinance, the words <br />and terms used in this Ordinance shall have the meanings set forth in the Loan Agreement, the Project <br />Note, and in the form of the Bonds unless the context or use indicates another or different meaning <br />or intent. <br />Section 2. Determination of Issuer. Pursuant to the Act, and based solely upon the application <br />submitted by the Borrower and other representations made, information presented and testimony <br />given by representatives of the Borrower, without independent verification, the Issuer hereby finds <br />and determines that (a) the Project is an "economic development facility" as defined in the Act and <br />is consistent with the provisions ofthe Act, (b) the Project will not have an adverse competitive effect <br />on similar industrial projects already constructed or operating in the City of South Bend, Indiana, and <br />(c) to promote opportunities for gainful employment and business opportunities in the City of South <br />xESVCS~2asoas. i -2- <br />