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HomeMy WebLinkAboutAuthorizing Economic Development Revenue Bonds - Ireland/Ironwood Associates ProjectORDINANCE No. 6623 -79 Passed by the Common Council of the City of South Bend, Indiana_ August 27 19 79 City Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Ind*ana August 28 1079 �-t``-e-"R� /.r- City Clerk IRENE K. GAMMON Approved and signed by me BILL NUMBER ORDINANCE NUMBER LC& 23 -? q AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND BONDS, AND APPROVING THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE, BOND AND LEASE AND AUTHORIZING ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS AND APPROVING RESOLUTION NO. 23 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE IRELAND /IRONWOOD ASSOCIATES PROJECT STATEMENT OF PURPOSE OF INTENT: The City of South Bend, Indiana, is a municipal corpor- ation and political subdivision of the State of Indiana and by virtue of I.C. 18 -6 -4.5 as amended is authorized and impowered to adopt this Ordinance and to carry out its provisions; and Ireland /Ironwood Associates is an Indiana Partnership duly organized and existing under and by virtue of the laws of Indiana and duly qualified to conduct business in the State of Indiana; and The Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Economic Development Commis- sion pursuant to the provisions of the Municipal Economic Develop- ment Act of 1965, as amended, and supplemented by I.C. 18- 6 -4.5; and The South Bend Economic Development Commission has found by a written resolution that because of insufficient employment opportunities, insufficient tax base and insufficient diversifi- cation of economic development facilities in the City of South Bend, the economic welfare of the City of South Bend, Indiana, would be benefited by the acquisition and leasing of certain econ- omic development facilities pursuant to a request made on July 9, 1979, by Ireland /Ironwood Associates, an Indiana Partnership, and has further found by Resolution that the proposed financing com- plies with the purposes and provisions of I.C. 18- 6 -4.5, as amended; and PAGE TWO The South Bend Economic Development Commission has pre- pared a report estimating the public services which would be made necessary or desirable by the proposed project, the expenses thereof, and the total project costs of the proposed project and the number of jobs and estimated payroll on account of the acqui- sition and leasing of the proposed facilities relating to the pro- posed project, and such report having been submitted to the Director of the Area Plan Commission and the President of the Board of School Trustees for the South Bend School Corporation, and their written comments having been received by the South Bend Economic Development Commission and such reports and comments having been made a part of their records; and The South Bend Economic Development Commission has ap- proved the form and terms of the Lease and Trust Indenture, Bond and Lease and has further approved this form of Ordinance author- izing the execution of the Lease and Trust Indenture, Bond and Lease and the issuance of Economic Development Revenue Bonds in accordance therewith; and The South Bend Economic Development Commission has trans- mitted this form of Ordinance to the City Clerk of the City of South Bend for presentation to the Common Council of the City of South Bend, Indiana; and The Common Council of the City of South Bend, Indiana, finds that the proposed development will be of public benefit to the economic welfare of the City of South Bend, Indiana, by tend- ing to overcome the deficiencies previously found to exist and that such benefit is greater than the costs of the public facili- ties which would be required by the proposed project. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. The Common Council of the City of South Bend hereby finds and determines that the land purchase and construction PAGE THREE of a building thereon in connection with the Ireland /Ironwood As- sociates Project to be acquired and constructed with the proceeds of the Economic Development Revenue Bond herein authorized are "Economic Development Facilities" as that phrase is used in the Act concerning the promotion of Economic Development, I.C. 18- 6 -4.5, as amended; that the land acquisition and construction of the Ire- land/Ironwood Associates Project will increase employment opportun- ities and increase diversification of industry in and near the City of South Bend, will improve and promote the economic stability, development and welfare of the area in and near the City of South Bend and will encourage and promote the expansion of industry, trade and commerce in the area in and near the City of South Bend, and that the public benefits to be accomplished by this Ordinance, in- tending to overcome insufficient employment opportunities and in- sufficient diversification of industry, are greater than the cost of public services as that phrase is defined in the Economic Devel- opment Act, I.C. 18- 6 -4.5 -1 as amended, which will be required by the Ireland /Ironwood Associates Project. Section 2. In order to pay the cost of acquisition of real estate and the construction of a commercial building which will constitute economic development facilities of the Ireland/ Ironwood Associates Project, there are hereby authorized to be is- sued, sold and delivered Seven Hundred Ten Thousand ($710,000.00) Dollars aggregate principal amount of Economic Department Revenue Bonds. Section 3. The form of the Lease and Trust Indenture and Industrial Revenue Bond are before the meeting and hereby in- corporated by reference in this Bond Ordinance and the Clerk is hereby directed to insert them into the minutes of the Common Coun- cil and to keep them on file. Section 4. The Economic Development Revenue Bond, pay- able solely and only from the revenue derived from the economic facilities, may be issued in an amount or amounts not to exceed Seven Hundred Ten Thousand ($710,000.00) Dollars for a period not PAGE FOUR to exceed Eighteen (18) years duration from the date of the issuance of said Bond in accordance with the terms of the Lease and Trust Indenture and such Bond shall be issued on behalf of the City of South Bend, Indiana, by the Mayor and the City Clerk of the City of South Bend, Indiana, and shall be sealed with the corporate seal of the City. Section 5. The Lease and Trust Indenture and Economic Development Revenue Bond shall be executed on behalf of the City of South Bend, Indiana, by the Mayor and the City Clerk. The Economic Development Revenue Bond authorized by this Ordinance shall not be and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the City of South Bend, nor shall the Bonds be paid in any manner from funds raised by taxation. The Bond shall be payable solely from revenues and receipts derived pursuant to the terms of the Lease and Trust Indenture. Section 6. Resolution Number 23 -79 of the City of South Bend Economic Development Commission passed on August 3, 1979, is hereby approved and the Common Council of the City of South Bend hereby finds that the proposed financing for the issuance of the Economic Development Revenue Bond would be of benefit to the health and welfare of the City of South Bend and that it complies with the purposes and provisions of T.C. 18 -6 -4.5 as amended and supplanted. Section 7. The Mayor and the Clerk be and they each hereby are, authorized and directed, in the name of and on behalf of the City of South Bend to execute any and all instruments, per- form any and all acts, approve any and all matters and do any and all things deemed by them, or any of them, to be necessary or de- sirable in order to carry out the provisions of this Bond Ordinance. Section 8. This Bond Ordinance shall be in full force and effect from and after its passage, due attestation and approval by the Mayor as provided by law. embevof the Common Co it }st READIiNC� S 3 -1 g ? PUBLIC HEARING Tf - a - ) READING ALG 7 1979 NOT APPROVED � � ? - � � REFERRED Irene Gammon PASSED .2 7- 2 d CITY CLERK, SOUTH I3MO, IND. 7