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HomeMy WebLinkAboutThe matter of Sergio, Inc. RESOLUTION 358-73 Passed by the Common Council of the City of South Bend, Indiana, MARCH 12, 19 73_. Attest: City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana MARCH 13 , 1973 �44 . /�- City Clerk Approved and signed by me J i s 9-1? 3 Mayor RESOLUTION NO. 358-73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF SERGIO, INC. , OF SOUTH BEND, INC. WHEREAS, Sergio, Inc. , has submitted its intention to the Economic Development Commission of South Bend, to construct and equip an existing facility and the purchase of real property at the intersection of U. S . 31 South and Kern Road, in St. Joseph County, Indiana. WHEREAS , the Economic Development Commission, pursuant to the statute , has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Sergio, Inc. , and WHEREAS , Sergio, Inc. has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS , the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by Sergio, Inc. , and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of South Bend, as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 , of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission have jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, Sergio, Inc. , seeks approximately $375 , 000 . 00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of not to exceed 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Sergio, Inc. indicates its intention to pay all expenses of the operation, maintenance, insurance , property taxes , whatever of the facility. THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE, be it resolved that the City of South Bend Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, Sergio, Inc. , in thenature of a conditional commitment to enter into a lease with Sergio, Inc. , and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. Member' of jSouth Bend City Common ouncil As Amended. i MARCH 12 , 1973 EXCERPTS OF MINUTES OF THE MEETING FOR RESOLUTION NO. 358-73 : A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF SERGIO, INC . , OF SOUTH BEND, INDIANA (AS AMENDED) . A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this would be a facility presently operated by Sergio. It would be an expansion program and would be new construction into the shopping center area with additional space that would be sublet. He also indicated that Mr. Sergio had no objection to signing a waiver of annexation and would welcome coming into the city. Council President Nemeth indicated that perhaps Mr. Fedder should talk to Mr. Roemer, City Attorney, on the matter of these waivers of annexation with the thought that possibly some clause could be inserted in the contract. Mr. Fedder indicated that an amendment would be needed to the resolu- tion, amending the figure of $270 , 000 . 00 to $375,000. 00. Councilman Kopczynski so moved, seconded by Councilman Taylor. The motion carried. Councilman Kopczynski made a motion that, the resolution be adopted as amended, seconded by Councilman Newburn. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) . Irene K. Gammon, City Clerk i A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT 4 Resolution No. 2-73 i WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by 4 approving the application of Sergio, Inc. for the construction and equipping of a facility and purchase of real property at the intersection of U. S. 31 South and Kern Road in St. Joseph County, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 9th DAY OF February 1973. President - Kart-G. King, Jr. Vice President - Fred Craven Secretary .. Walter Mucha .. 7 757 i REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed construction and equipping of a facility and purchase of real property at the intersection of U. S. 31 South and Kern Road by Sergio,, Inc. , an Indiana Corporation. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facility, will be $375, 000. 00 which will cover purchse of real estate and construction and equipping of a shopping center. (3) The number of jobs to be created by the proposed facility would be upwards of 45 new people. The estimated annual increased payroll would be $270, 000. 00. Sergio, Inc. operates an established pharmacy business in our community. This proposed facility will increase the tax base and require utilization of our local construction industry to build the facility. a r f 1 SOUTH BEND COMMUNITY SCHOOL CORPORATION 635 SOUTH MAIN STREET SOUTH BEND, INDIANA 46623 r Office of Superintendent February 19 , 1973 Mr. Karl King, President , Economic Development Commission of South Bend County-City Building South Bend, Indiana 46601 Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the proposed construction and equipping of a facility and purchase of real property at the intersection of U. S . 31 South and Kern Road by Sergio, Inc. , an Indiana Corporation. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden j upon the present school facilities . Sincerely, Aaron H. Huguenardr President Board of School Trustees AHH/mm s IR f CITY OF SOUTH BEND South Bend, Indiana 46601 Jerry J. Miller Mayor Economic Development Commission February 16, 1973 of South Bend y 320 West Jefferson South Bend, Indiana 46601 i Karl G. King, Jr. President F. D. Craven Walter A. Mucha Kenneth P. Fedder Counsel Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana i Dear Mr, Huguenard: Pursuant to the Municipal Economic Development Act of 1965 as 3 amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Sergio, Inc, of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr. KGK/nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Kevin J. Butler, Attorney, representing Sergio, Inc. r S 1 ' CITY OF SOUTH BEND �d South Bend, Indiana 46601 f Jerry J. Miller Mayor Economic Development Commission of South Bend , 3 February 16, 1973 20 West Jefferson South Bend, Indiana 46601 '3 Karl G. King, Jr. President i a F. D. Craven Walter A. Mucha Kenneth P. Fedder Counsel 1 3 s Mr. Frank Miles, President Area Plan Commission F County--City Building South Bend, Indiana 0 Dear Mr. Miles: 3 i Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Sergio, Inc, of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, -Jr. President KGK/nt cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Kevin J. Butler, Attorney, representing Sergio, Inc. i M AREA PLAN COMMISSION HOWARD BCOUING-C EXECUTIVE DIRECTOR - ROOM 1214 COUNTS-CITY BUILDING. OF ST. JOSEPH COUNTY, IND. 227 W IF.FFLRBON BLVD., SOUTH BEND, INDIANA 49571 (219) 284-9571 March 7 , 1973 Karl G. King, Jr. , President Economic Development Commission c/o Office Engineers , Inc. 117 N. Michigan Street South Bend, Indiana 46601 In Re: Sergio, Inc. of South Bend U. S. 31 South and Kern Road Dear Mr. King: The St. Joseph County Area Plan Commission Staff has reviewed the proposal of Sergio, Inc. regarding the equipping of a facility and the purchase of real property at the inter- section of U. S. 31 South and Kern Road. The Staff finds the proposal to be consistent with the present zoning and the Comprehensive Plan for Community Development. Very truly yours, Howard Bellinger, Executive Director HB: lari RESOLUTION NO. 3 5- p_ 23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF SERGIO, INC. , OF SOUTH BEND, IND. WHEREAS , Sergio, Inc. , has submitted its intention to the Economic Development Commission of South Bend, to construct and equip an existing facility and the purchase of real property at the intersection of U. S. 31 South and Kern Road, in St. Joseph County, Indiana. WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Sergio, Inc. , and WHEREAS, Sergio, Inc. , has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS , the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS , the statement of public service by Sergio, Inc. , and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by theClerk of South Bend, as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 , of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construction, and the inpact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission have jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, Sergio, Inc. , seeks approximately $270 , 000. 00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City clerk and further desires to enter into a lease of not to exceed 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Sergio, Inc. , indicates its intention to pay all expenses of the operation, maintenance, insurance, property, taxes , whatever of the facility. THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE, be it resolved that the City of South Bend common Council authorize the Economic Development Commission of the City of South Bend to proceed to make prelininary agreements with the proposed lessee , Sergio, Inc. , in the nature of a conditional commitment to enter into a lease with Sergio, Inc. , and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is property prepared, submit the same to the Clerk of theCity of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acdeptance of same and issueance of revenue bonds to cover the amount of money needed. Me er of South Bend City Common Council FILED IN CLERK'S OFFICE PRESENTED , 13- /a - 3 MAR 7 1973 140T APPROVED Irene Gammon ADOPTED ' CITY CLERK, SOUTH BEND, IND.