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Authorizing Issuance and sale of aggregate principal amount not to exceed $1,495,000, adjustable rate Econ Dev Rev Bonds
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Authorizing Issuance and sale of aggregate principal amount not to exceed $1,495,000, adjustable rate Econ Dev Rev Bonds
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Last modified
5/15/2009 10:44:42 AM
Creation date
4/28/2009 1:04:25 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/14/2009
Ord-Res Number
9031-99
Bill Number
67-99
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ORDINANCE NO. 1 ~ 3 `- ~ 1_ <br />AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE <br />PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FOUR HUNDRED NINETY- <br />FIVE THOUSAND DOLLARS ($1,495,000) OF CITY OF SOUTH BEND, INDIANA <br />ADJUSTABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 <br />(DYNAMIC R.E.H.C., INC. PROJECT); DESIGNATING THE BONDS AS LIMITED <br />OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE <br />EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT <br />AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE <br />BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS <br />DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND <br />APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. <br />STATEMENT OF PURPOSE AND INTENT <br />The City is a political subdivision of the State of Indiana, and by virtue of Title 36, Article <br />7, Chapters 11.9 and 12, of the Indiana Code, as amended (the "Act"), is authorized and empowered <br />to adopt this Ordinance and to carry out its provisions. <br />The South Bend Economic Development Commission (the "Commission")has rendered its <br />report concerning the proposed financing of economic development facilities for Dynamic R.E.H.C., <br />Inc. (the "Borrower"). <br />The Commission, after a public hearing held on September 8, 1999, has adopted a <br />Resolution, which has been transmitted to this Council, (I) finding that the acquisition, construction <br />and equipping by the Borrower of the proposed economic development facilities to be financed (the <br />"Prr oiect") will not have an adverse competitive effect on any similar facilities already constructed <br />or operating in or about the City, (ii) further finding that the proposed financing of such facilities will <br />be of benefit to the health and general welfare of the City and its citizens, (iii) further finding that <br />the proposed financing of such facilities complies with the purposes and provisions of the Act, (iv) <br />approving the financing of such facilities, including the form and terms of the Loan Agreement, the <br />Bonds from the City to the bondholders and the Trust Indenture, more fully described below, and <br />this Ordinance, presented to the Commission, and (v) recommending that this Council find that the <br />proposed financing of such facilities will be of benefit to the health and general welfare of the City <br />and its citizens, and complies with the purposes and provisions of the Act, and that this Council <br />adopt an ordinance approving such financing. <br />This Council believes it is in the best interests of the City and its citizens to provide a <br />program for financing economic development facilities for developers or users thereof through the <br />issuance of taxable ortax-exempt bonds. <br />
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