HomeMy WebLinkAboutAuthorizing Issuance of Economic Development Revenue Bonds Raitt Corporation ProjectORDINANCE No. 6754 -80
Passed by the Common Council of the City of South Bend, Indiana_
February 25, rq 80
/-. Cit y Clerk
IRENE K. GAMMON
Attest: A,(, President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
February 26, �9 80
i-
" City Clerk
IRENE K. GAMMON
t9 'c
v
ORDINANCE NO. i 7Sq- 8V
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT
AND TRUST INDENTURE AND BONDS AND AUTHORIZING THE ISSUANCE OF
ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO RAITT CORPORA-
TION PROJECT
WHEREAS, the Common Council of the City of South Bend, Indiana, heretofor
has created the South Bend Economic Development Commission (Commission) pursuant
to the provisions of the Public Law No. 182 of the Acts of the General Assembly
of Indiana for 1973, as amended, being IC 18 -6 -4.5 (Act), and
WHEREAS, the Raitt Corporation has filed an application with the Commission
to finance the construction of an industrial and commercial building being an
airfreight building (Facilities) which will result in the savings of a substan-
tial number of jobs as well as other benefits, and
WHEREAS, the Commission has prepared and placed on file a report containing
the subject matter as specified in section 16 of IC 18 -6 -4.5 and has forwarded
copies thereof to the chairman of the Area Plan Commission and to the superin-
tendent of the School Corporation in the area in which the Facilities will be
located, and has received favorable reports from each of them, and
WHEREAS, the Commission held a public hearing on the proposed financing of
such Facilities on February 1, 1980, after giving the required notice and did
find that the proposed financing complies with the purposes and provisions of
the applicable Indiana statutes, and the Commission did also find that the pro-
posed facility will not have an adverse competitive effect on similar facilities
already constructed and operating in the City of South Bend, Indiana, and
WHEREAS, the Common Council of South Bend, Indiana, hereby finds that the
Facilities are economic development facilities as that phrase is used in the
Act; and that the construction of the Facilities will increase employment oppor-
tunities and increase diversification of business, commerce and industry in and
near the city, will improve and promote the economic stability, development and
welfare of the area in and near the city, and will encourage and promote the
expansion of industry, trade and commerce in the area in and near the city, and
the location of other new commercial and business facilities in such area.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, that:
Section 1. The form and terms of the Loan Agreement and Trust
Indenture and Bonds pertaining to the Raitt Corporation project and the issuance
of economic development revenue bonds pursuant thereto are hereby approved.
Section 2. Said form of Loan Agreement and Trust Indenture and Bonds
is hereby incorporated by reference into this ordinance and said form shall be
inserted into the minutes of the Common Council of South Bend, Indiana, and
shall be kept on file by the City Clerk of South Bend, Indiana.
Section 3. The said Loan Agreement and Trust Indenture and Bonds shall
be executed on behalf of the Economic Development Commission of the City of
South Bend, Indiana by the Mayor and City Clerk.
Section 4. Economic development revenue bonds, payable solely and
only from the revenue derived from such air freight terminal at the Michiana
Regional Airport, may be issued in a total sum of not to exceed $550,000 for a
period not to exceed twenty years duration from the date of the issuance of such
bonds in accordance with the terms of said Loan Agreement and Trust Indenture
and that such bonds shall be executed on behalf of the Economic Development
Commission of the City of South Bend, Indiana by the Mayor and City Clerk of
South Bend, Indiana, and shall be sealed with the corporate seal of said city.
Section 5. This ordinance shall be in full force and effect from and
after its passage by the Common Council and approved by the Mayor.
ht READ3!NG 0") - /'1- 947
?L.h3LIC HEARING QJ-- iliD
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NIC"T APPROVED
P,_FCi "iPED
PASSED
Member of South Bend Common Council
FILED IN CI.E2, 4'S OFFICE
FEB 61980
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
ATTORNEYS AT LAW
ROEMER AND MINTZ
CHARLES ROEMER 1400 ST. JOSEPH BANK BUILDING
AREA CODE 219
RICHARD L. MINTZ SOUTH BEND, INDIANA 46601 TELEPHONE 232 -1442
February 5, 1980
Mrs. Irene K. Gammon
City Clerk
City of South Bend
County -City Building
South Bend, Indiana 46601
Re: Economic Development Bond Ordinance for
Raitt Corporation project
Dear Mrs. Gammon:
Enclosed is a proposed Ordinance by which the Common Council authorizes the
issuance of up to $550,000 of Economic Development Revenue Bonds to finance the
construction of an airline freight terminal at Michiana Regional Airport. When
constructed, the terminal will be leased to United Airlines and Towne
Airfreight. Leases have already been signed by these companies.
United and Towne are presently performing their air cargo handling and storage
functions at a temporary facility off the airport premises which is inadequate
for their purposes. The building previously occupied by them at the airport was
destroyed by fire. Because of the nature of their business, an airport site is
essential if they are to continue their business operations at their present
level. It is estimated that the new building will preserve a minimum of 12 jobs
having an annual payroll of $212,000.
We request that you place this Ordinance on the agenda for the consideration of
the Common Council at its February 11 meeting.
Also enclosed with the proposed Ordinance are copies of the following documents
which we ask the Council to approve:
1. Indenture of Trust, with the Economic Development Revenue Bond attached,
from the City of South Bend, Indiana, to St. Joseph Bank and Trust Company of
South Bend, Indiana, as Trustee.
2. Loan Agreement, with the Promissory Note and Indenture of Mortgage and
Security Agreement attached, between the City of South Bend, Indiana, and Raitt
Corporation.
Mrs. Irene K. Gammon
Page 2
Also enclosed is the South Bend Economic Development Commission Resolution No.
43 -79 authorizing issuance of bond, approving form of bond, Loan Agreement and
Trust Indenture and Mortage, and transmittal thereof to the South Bend Common
Council.
Enclosed are nine copies of this letter for distribution to the council members.
Thank you very much for your cooperation in this matter.
Sincerely,
a- i
Richard L. Mintz
jk
Enclosures
cc: Mr. Kenneth P. Fedder
Raitt Corporation
Mr. Robert Green, C.P.A.