HomeMy WebLinkAboutApproving Industrial Development Revenue Bonds - Sam Cossman & Virginia Cossman ProjectORDINANCE No. 6724 -80
Passed by the Common Council of the City of South Bend, Indiana
January 14, 19 80
n
City Clerk
IRENE K. GAMMON
Attest.-_ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana -
January 15 _19_.8_o
A
Approved and signed by
0
IRENE K. GAMMON
61)-
Clerk
ORDINANCE NO. (a ., :D t%— %O
AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE
AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION
THEREOF AND APPROVING RESOLUTION NO. 40 -79 OF THE SOUTH
BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE
SAM COSSMAN AND VIRGINIA COSSMAN PROJECT
STATEMENT OF PURPOSE OF INTENT:
The Common Council of the City of South Bend, Indiana hereto-
fore has created the South Bend Economic Development Commission,
hereinafter referred to as "Commission ", pursuant to the provisions of
the Public Law No. 182 of the Acts of the General Assembly of Indiana
for 1973, as such may be amended from time to time, including but not
limited to IC 18- 6- 4.5 -.1 through IC 18- 6- 4.5 -30, hereinafter referred
to as the "Act "; and
SAM COSSMAN AND VIRGINIA COSSMAN, husband and wife, have
filed an application with the Commission to finance the acquisition of
land and the construction of a building thereon located at 2326 Edison
Road, South Bend, Indiana, which will constitute economic development
facilities resulting in a substantial number of new jobs as well as
other benefits, and in connection therewith the Commission has prepared
and placed on file a report containing the subject matter as specified
in IC 18- 6- 4.5 -16 and has forwarded copies thereof to the Chairman of
the Area Plan Commission of St. Joseph County, Indiana, and to the
Superintendent of the South Bend Community School Corporation, being
the area in which the proposed facilities will be located, and has
timely received favorable reports from each of them, and the Commis-
sion held a public hearing on the proposed financing of such economic
development facilities in accordance with the Act after giving the
required notice as provided in the Act, and adopted a resolution
finding that such proposed financing complies with the purposes and
provisions of all applicable Indiana statutes governing the issuance
of Industrial Development Revenue Bonds, including but not limited
to the Act, and approved the form and terms of the Trust Indenture
and User Agreement, real estate mortgage and bonds, and further
approved this form of Ordinance authorizing the execution thereof,
and that such economic development facilities will not have an adverse
competitive effect on similar facilities already constructed and
operating in the City of South Bend, Indiana.
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 Trust Indenture and User
Agreement, real estate mortgage and Industrial Development Revenue Bond
attached as exhibits thereto pertaining to the issuance of the Indus-
trial Development Revenue Bonds in accordance with the terms of the
Trust Indenture and User Agreement pertaining to the application of
Sam Cossman and Virginia Cossman, husband and wife, are hereby approved
and adopted.
Section 2. Said forms of Trust Indenture and User Agreement,
real estate mortgage and Industrial Development Revenue Bond which are
on file with the Commission are hereby incorporated by reference into
this Ordinance, and sais forms shall be inserted into the minutes of
the Common Council of the City of South Bend, Indiana, and shall be
kept on file by the City Clerk of South Bend, Indiana.
Section 3. The Trust Indenture and User Agreement and
Bond shall be executed on behalf of the City of South Bend, Indiana
by the Mayor and the City Clerk.
Section 4. Said Industrial Development Revenue Bonds,
payable solely and only from the revenues derived from such Sam
Cossman and Virginia Cossman Project pursuant to the aforementioned
Trust Indenture and User Agreement, shall not be in any respect a
general obligation of the City, nor shall the bonds be paid in any
manner from funds raised by taxation and may be executed in amounts
not to exceed Three Hundred Twenty Thousand Dollars ($320,000.00)
repayable with interest thereon at a rate not to exceed eight and
one -half per cent (8 -1 /2q) per annum, payable in quarter- annual
installments over a period of twelve (12) years after the date of
such bonds, and that such Trust Indenture and User Agreement and such
Industrial Development Revenue Bonds shall be executed on behalf of
-2-
the City of South Bend, Indiana, by the Mayor and Clerk and sealed
with the corporate seal of such City.
Section 5. Resolution No. 40 -79 of the South Bend Economic
Development Commission
and the Common Council
the proposed financing
Revenue Bonds would be
City of South Bend and
provisions of IC 18 -6 —
passed on December 7, 1979, is hereby approved;
of the City of South Bend hereby finds that
for the issuance of the Economic Development
of benefit to the health and welfare of the
that it complies with the purposes and
4.5, as amended and supplemented.
Section 6. This Ordinance shall be in full force and
effect from and after its passage by the Common Council and approved
by the Mayor.
Memberfjof the Common Council
:.�7i :•. l - 1%-
LC lic- .FtiNG — /�—�9
2nd RELADNNG
NOT APPROVECI J
REFERRED
PASSED (;,` I L ( to
DEC 1 ` 1979
i:du
Economic Development Commission
Jerry Hammes, President
Frank Horvath, Vice- President
Walter A. Mucha, Secretary
Kenneth P. Fedder, Counsel
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
SOUTH BEND, INDIANA 46601
Members of the South Bend Common Council
County -City Building
South Bend, Indiana 46601
RE: Revenue Bond Application
SAM COSSMAN and VIRGINIA COSSMAN PROJECT
Dear Councilmen:
230 West Jefferson Boulevard
(219) 234 -0051
The South Bend Economic Development Commission
has received an application from SAM COSSMAN and VIRGINIA
COSSMAN for the issuance of a Revenue Bond issue in the
amount of Three Hundred Twenty Thousand ($320,000.00)
Dollars, for the acquisition of real estate and construction
of a commercial building located at 2326 Edison Road, South
Bend, Indiana.
The new facility, containing approximately 5,400
square feet, will be used by the applicants in their car
wash operations, creating approximately 5 new jobs with an
estimated payroll of approximately $30,000.00.
Res ectfully yours,
1
KENNETH' P. FEDDER
ATTORNEY FOR THE SOUTH BEND
ECONOMIC DEVELOPMENT
COMMISSION r =<
KPF/mb DEC 1? h-79'
CR CLERK, C Tls BU14D, •'3u.