HomeMy WebLinkAboutAuthorizing $110,000 Economic Development Revenue Bond to Hohhman Brothers Auto Electric Inc ORDINANCE No. 7443-85
Passed by the Common Council of the City of South Bend, Indiana
May 13, 85
z9_
Attest: City Clerk
IRENE K. GAMMON
Attest: a 41- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 14, 85
19_
City Clerk
IRENE K. GAMMON
Approved and signed by me X6-ef-s_ 19
/77. /2/ Mayor
ORDINANCE NO. 7 t 6/'3 -eY-
ORDINANCE AUTHORIZING THE ASSIGNMENT OF THE
INTERESTS OF RUBIN HOFFMAN, DECEASED, SARA
LILLIAN HOFFMAN, AND ELSIE HOFFMAN, UNDER
THE $110,000 CITY OF SOUTH BEND, INDIANA
ECONOMIC DEVELOPMENT REVENUE BOND TO
HOFFMAN BROTHERS AUTO ELECTRIC, INC.
STATEMENT OF PURPOSE OF INTENT
The City of South Bend, Indiana has previously issued a $110,000
City of South Bend, Indiana Economic Development Revenue Bond (Hoffman
Brothers Sales & Service, Inc.) (the "Bond") pursuant to authority
granted by Indiana law. The interest of Hoffman Brothers Sales & Service,
Inc. in said bond was assigned to Rubin Hoffman, Sara Lillian Hoffman,
and Elsie Hoffman, shareholders of Hoffman Brothers Sales & Service, Inc.,
on the 4th day of June, 1982, and the estate of Rubin Hoffman, Sara
Lillian Hoffman, and Elsie Hoffman are current in their payments under
the bond issue.
Hoffman Brothers Auto Electric, Inc. desires to assume the right,
title, interest, duties, liabilities, and responsibilities of the estate
of Rubin Hoffmann, Sara Lillian Hoffman, and Elsie Hoffman under the
bonds.
Such assumption is consistent with the provision or preservation
of employment opportunities and the other goals for which the bond was
originally issued.
Such an assignment is allowed by law and by the terms of the bond
and the instruments executed in connection therewith.
The South Bend Economic Development Commission has approved and
consented to such assumption.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana:
Section 1. The City of South Bend, Indiana hereby consents to the
assignment of the right, title, interest, duties, liabilities, and
responsibilities of Rubin Hoffman, Sara Lillian Hoffman, and Elsie
Hoffman, as Assignees of Hoffman Brothers Sales & Service, Inc. , under
in connection with the bonds to Hoffman Brothers Auto Electric, Inc., and
of the transfer by the Estate of Rubin Hoffman, Sara Lillian Hoffman, and
Elsie Hoffman of their right, title and interest therein.
Section 2. The Mayor and City Clerk having executed a consent to
said assignment, which was approved by the Economic Development Commission,
same is now approved by this ordinance, and the Mayor and City Clerk are
further authorized to execute any further documents deemed necessary to
consummate the assignment. Two (2) copies of the Consent to Assignment
have been and are on file in the Office of the Clerk of the City of South
Bend, Indiana, for public inspection pursuant to Indiana Code Section
36-1-5-4.
Section 3. To the extent the bonds or the documents thereunder
may be deemed to require amendment to consummate said assignment, the
City of South Bend, Indiana hereby gives its consent.
Section 4. The Common Council of South Bend, Indiana hereby finds
that this assignment will advance the purposes for which the bonds were
originally approved in Resolution No. 337-72.
Section 5. This ordinance shall be effective immediately upon
passage by the Common Council and approval by the Mayor.
Member of the . , . Council
SLED tN CIERK'S Of fitE
APR 2 4 1985
IRENE GAr'�;ii'CAN
�1 CITY CLERK, SO
®®�pt]T#18 v 144
s .'d
s H \\ '�:x °s CITY of SOUTH END
i U �`e∎'.': E� do ROGER O. PARENT, Mayor
444 r :X866}e°
®aas°®
Economic Development Commission Alice Neddo
Staff Administrator
Jerry Hammes,President April 24, 1985 230 W. Jefferson Boulevard
Walter Szymkowiak, Vice President P.O.Box 1677
Walter A.Mucha,Secretary South Bend,Indiana
Kenneth P. Fedder,Counsel 46634-1677
Alice Neddo, Asst.Sec. (219) 234-0051
Members of the South Bend
Common Council
County-City Building
South Bend, IN46601
Re : Hoffman Brothers Auto Electric, Inc . - Proposed Ordinance
Dear Councilmen:
On December 14, 1972, the Economic Development Commission and the
South Bend Common Council caused to be issued a City of South Bend
Revenue Bond in the amount of $110, 000 . 00 . This Bond was subsequently
assigned with the approval of the Commission and the Council to Rubin
Hoffman, Sara Lillian Hoffman and Elsie Hoffman, the original Guarantors
on the Bond.
The purpose of this Ordinance is to further assign this Bond, which is
on a current basis as to payment to Bondholders , to Hoffman Brothers
Auto Electric, Inc . , who has assured the continuation of the business
activities originally contemplated by the Bond in our Community. The
Commission and the Bondholders have already given their consent to the
Assignment.
Youyfavorable action on the passage of the Ordinance will be appreciated.
R- -pectfu 4 ,
Or
) 1 4 /
N T P . FEDDER
Aktorn-y for the South Bend
Ec. .' is Development Commission FILED IN CLERK'S OFFICE
KPF :ram
APR 2 4 1985
IRENE GAMMON
CITY CLERK, SO. BEND, IN
li// A/o 30-2
CONSENT TO ASSIGNMENT
The South Bend Economic Development Commission and the
• City of South Bend hereby consent to the assignment of the
right, title, interest, duties, liabilities and responsibilities
of Hoffman Brothers Sales and Service, Inc. , under the terms
and conditions of a document entitled "Lease and Trust Indenture"
executed on December 14, 1972, and all other documents executed
in connection with a $110, 000 City of South Bend, Indiana
Economic Development Revenue Bond (Hoffman Brothers Sales and
Service, Inc. , an Indiana corporation, 1972 project) , to
Hoffman Brothers Auto Electric, Inc. , and the transfer by the
Estate of Rubin Hoffman, Sara Lillian Hoffman, and Elsie Hoffman
of their right, title and interest therein.
SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION
By®.
By if gleA
BY Q .1l >t 1' -�`'u .
(Seal) ' CITY OF SOUTH BEND, INDIANA
By C2271
Roger O Par-nt, Mayor
ATTEST:
City Clerk
DATED: 1114/ /3� /% F
QIummtttrr Noon
aJo the Tontmnn Tonnrit of tip (Iitg of*until Brad:
Your Committee of the Whole
to whom was referred
BILL NO.
30-85 A BILL AUTHORIZING THE ASSIGNMENT OF THE INTERESTS OF RUBIN
HOFFMAN, DECEASED, SARA LILLIAN HOFFMAN, AND ELSIE HOFFMAN,
UNDER THE $110, 000 CITY OF SOUTH BEND, INDIANA ECONOMIC
DEVELOPMENT REVENUE BONDS TO HOFFMAN BROTHERS AUTO ELECTRIC,
INC.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable
Joseph T. SergOhairman
FREE PRESS ageakyo PUBLISHING CO.