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HomeMy WebLinkAbout07-23-84 Council Meeting MinutesREGULAR MEETING JULY 23, 1984 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 23, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Paszak, Voorde and Beck Absent: Council Member Crone REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the June 22 and July 9, 1984, meetings of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Isl Beverlie J. Beck s/ Ann Puzzello /s/ Thomas Zakrzewski Council Member Serge made a motion that the minutes of the June 22 and July 9, 1984, meetings of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Council President Beck announced the reappointment of Margarita Howard to the TRANSPO Board of Directors. REPORTS Council Member Puzzello indicated that the Personnel and Finance Committee had met on bill nos. 74, 75 and 76, and recommended them favorable. Council Member Serge indicated that the Parks Committee had met on Bill No. 73 -84 and gave it a favorable recommendation. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 72 -84 and recommended it favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on July 23, 1984, at 7:06 p.m., with nine members present. Chairman Serge presiding. BILL NO. 61 -84 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 - 68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (227 SCOTT.) This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. John Oxian, Vice President of Historic Preservation, made the presentation for the bill. He indicated this home was ranked a 12. He indicated that this property was.in good condition and it was presently being used as a rental property. David Gibney, 702 W. LaSalle, owner of the property, spoke in favor of this landmark. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 66 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (TWENTY THREE NORTH PARTNERSHIP, AN INDIANA PARTNERSHIP PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION FIFTY THOUSAND DOLLARS ($1,050,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission made the presentation for the bill. He indicated this bill should be amended by substitution of a new bill on file with the City Clerk. Council Memer Taylor made a motion to accept this amendment, seconded by Council Member Zakrzewski. The motion carried. Mr. Fedder indicated this $1,050,000 bond issue would be used to acquire and expand an existing manufacturing distribution and warehouse facility located in the Airport Industrial Park. He indicated that seven new jobs will be created. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. REGULAR MEETING JULY 23, 1984 BILL NO. 67 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (CROWE, CHIZEK AND COMPANY PROJECT), IN.THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000 -.00) AND APPROVING AND.AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Voorde made a motion to continue this bill, at the request of th petitioner, until August 13, seconded by Council Member Braboy. The motion carried. BILL NO. 68 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (DAFIR REALTY CO., AN INDIANA PARTNERSHIP PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF NINE HUNDRED THOUSAND DOLLARS ($900,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH.RESPECT THERETO. BILL NO. 69 -84 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY"), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AUCILLA- PLASTICS, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. . Richard Morgan, attorney for the petitioners, asked this these bills be combined for purposes of public hearing. Council Member Taylor made a motion to combine public hearing, seconded by Council Member Voorde. The motion carried. This being the time heretofore set for'public.hearing on these bills, proponents and opponents were given an opportunity to be heard. Richard Morgan, attorney for the petitioners, made the presentation for the bills. He asked that they both be amended on page 3, by changing the dates to August 11 1984, August 1, 1999, and September 1, 1984. Council Member Taylor made a motion to amend bill No. 68 -84, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to amend Bill No. 69 -84, seconded by Council Member Beck. The motion carried. Mr. Morgan indicated that Aucilla Plastics and DAFIR Realty were requesting a bond issue in the amount of $1,600,000 for the purchase of land, construction of a building, and purchase of equipment for a facility to be.located in the Airport Industrial Park. He indicated that the new facility will create sixteen to twenty -four new jobs. Council Member Taylor made a motion to recommend Bill No. 68 -84 to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. CouncilMember Taylor made a motion to recommend Bill No. 69 -84 to the Council favorable, as amended, seconded by Council Member Braboy. The motion carried. BILL NO. 70 -84 A BILL APPROVING THE FORM AND INDENTURE OF TRUST, MORTGAGE, REVENUE BOND, AND AUTHORIZING APPROVING RESOLUTION NO. 8 -84 DEVELOPMENT COMMISSION PERTAI] INSURANCE CO. PROJECT. TERMS OF A LOAN AGREEMENT, NOTE, AND ECONOMIC DEVELOPMENT THE EXECUTION THEREOF AND OF THE SOUTH BEND ECONOMIC SING TO THE J & G REALTY & This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the.presentation for the bill. He indicated this $550,000 bond issue would be used to finance the construction of a facility which will be leased to Slutsky - Peltz. He indicated that forty jobs will be retained and five new jobs will be created. He.indicated the new facility will be constructed on Parcels 6 and 8 of the Monroe- Sample Redevelopment area. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 72 -84 A BILL TRANSFERRING $20,000.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This being_the.time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated that neither the Economic Development Capital Fund or the Commercial Rehabilitation Loan Fund were included in the 1984 CDBG appropriation ordinance. She indicated these funds were placed in the 1984 Unspecified Local Option Account. She indicated this bill would appropriate $20,000 for the development in the central business district. Council Member Braboy made a motion to recommend this bill to the Council favorable, seconded by Counil Member Taylor. The motion carried. BILL NO. 73 -84 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING "FREDRICKSON PARK PROPERTY FUND." This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated that in order to comply with the terms of Mr. Fredrickson's will and State law, it is required that a non reverting.fund be established to receive estate proceeds. He indicated these funds will then be appropriated on.;the approval of the Council for creation of Fredrickson Park. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. 1 r I LJ 11 1 1 REGULAR MEETING BILL NO. 74 -84 JULY 23, 1984 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1985 AND 1986. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Michael Vance, City Controller, made the presentation for the bill. He indicated that after numerous negotiating sessions with the FOP, Firefighters and Teamsters, the following settlement was reached. He indicated that for the FOP an increase in fringe benefits was negotiated for 1985 to 2% of 1984's base salaries. For 1986, a salary increase across the board of 2% an additional 3% guaranteed if in fact a Local Option Tax was passed in St. Joseph County. He indicated the FOP chose to take the fringe benefits for 1985 in the area of increased clothing allowance, increased holiday pay, and increased payment by the City toward the cost of dependent health insurance coverage. He indicated the Firefighters would receive a 2% increase in fringe benefits for 1985, with the 2% being based on 1984 salaries. He indicated that for 1986 a 2% wage incrase was granted across the board with the guarantee of an additional 3% if the Local Option Tax is passed. He indicated the 2% in fringes for 1985 is made up of increased payment by the City toward the cost of dependent health care coverage, an increase in holiday pay, and an increase in clothing allowance. He indicated that the Teamsters will receive a fringe benefit increase equal to 2% for 1985 and a 2% increase in salaries negotiated for 1986 with an additional 3% guaranteed in the Local Option Tax was passed. In indicated that non -union employees will receive a 2% increase in fringe and wage base. He indicated that as of January 1, 1986 an addition 2% in wages would be granted with 3% guaranteed if a Local Option Tax is passed. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 75 -84 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS OF 1985 AND 1986. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council President Beck indicated it was a pleasure to work with the Mr. Vance and the Administration in negotiating settlement of the FOP and the Firefighers increases. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carired. BILL NO. 76 -84 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS FOR THE CALENDAR YEARS OF 1985 AND 1986. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council President Beck indicated this bill should be amended in Section I to amend Engineer First Class to Firefighter. Council Member Taylor Made a motion to amend this bill, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to amend the bill in Section 3, the same as Section 1, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. There being no further business to Member Voorde made a motion to rise Member Taylor. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED come before the Committee of the Whole, Council and report to the Council, seconded by Council ATTEST: '��1' MEN � / Be it remembered that the Common Council of the city of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7350 -84 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990- 68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND.(227 SCOTT.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDIANNE NO. 7351 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (TWENTY THREE NORTH PARTNERSHIP, AN INDIANA PARTNERSHIP PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION FIFTY THOUSAND DOLLARS ($1,050,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. J REGULAR_ MEETING -_ .JULY 23, A 9 8 4 This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Taylor made ,a, motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7352 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 198;4 (DAFIR REALTY CO., AN INDIANA PARTNERSHIP PROJECT)-, IN THE AGGREGATE PRINCIPAL AMOUNT OF NINE HUNDRED THOUSAND DOLLARS ($9001000.00) AND APPROVING AND AUTHORIZING CERTAIN, ACTIONS WITH RESPECT THERETO. This bill ,had second reading. Council Member Taylor made a motion to amend this bill, as amended ,in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7353 -84 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY -), TO ISSUE ITS -ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1984 (AUCILLA PLASTICS, INC. PROJECT), IN THE AGGREGATE PRINCIPAL. AMOUNT OF_SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council. Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7354 -84 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LOAN AGREEMENT, INDENTURE OF TRUST, MORTGAGE, NOTE, AND ECONOMIC DEVELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 8 -84 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION PERTAINING TO THE J & G REALTY & INSURANCE CO. PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7355 -84 AN ORDINANCE TRANSFERRING $20,000.00 BETWEEN ACCOUNTS WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7356 -84 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NONREVERTING - FREDRICKSON PARK PROPERTY FUND." This bill had second reading. Council Member Puzzello made a motion to pass this. bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of eight ayes. ORDINANCE 7357 -84 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1985 AND 1986. This bill had second reading. Council Member Serge made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Braboy. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7358 -84 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE OF MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR THE CALENDAR YEARS OF 1985 AND 1986. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7359 -84 AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS FOR THE CALENDAR YEARS OF 1985 AND 1986. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council MemberNBrab.o The bill passed by a roll call vote of eight ayes. 1 Ll 1 C F, REGULAR MEETING RESOLUTIONS RESOLUTION NO. 1177 -84 JULY 23, 1984 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS PARCELS 6 AND 8 IN MONROE - SAMPLE AREA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as J &G Realty, Parcels 6 and 8 in Monroe - Sample Area, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Parcel I: Lots Numbered 141, 142, 143, 144, 145, 146, 149, 150, 151, 152, 153, and 154 in Edward H. Rush's First Addition to the City of South Bend, as found in Plat Book 7, page 8, in the office of the Recorder for St. Joseph County, South Bend, Indiana, described more specifically as follows: Beginning at the Northwest corner of Lot 149 in said Edward H. Rush's First Addition; thence along the easterly right -of -way of Rush Street, South 0004' East, 249.2 feet, to the southerly boundary of said Edward H. Rush's First Addition, also being the centerline of a 12 foot alley; thence along said southerly boundary, south 890 51' East, 279.1 feet, to the centerline of said Clinton Street, North 00 03' West, 249.1 feet, to a easterly extension of the northerly boundary, of lot 141 in Edward H. Rush's First Addition; thence on said easterly extension, the northerly boundary of lots 141 and 149, and across a 12 feet wide north -south alley, North 890 49' West 279.1 feet, to the point of beginning. EXCEPT, the west 5 feet thereof. Parcel is subject to all easements of record. Parcel II: Lots 1 ,2,3,4,5,6,7,10,11,12,13,14,15, and "C" in Rachel Gallagher's First Addition to the City of South Bend, Indiana, as found in Plat Book 5, page 22, in the Office of the Recorder for St. Joseph County, South Bend, Indiana, and described more specifically as follows: Beginning at the southwesterly corner of Lot 7, in said Rachel Gallagher's First Addition; thence along the easterly right -of -way of Rush Street, North 00 04' West 299.9 feet, to the northerly boundary of said Rachel Gallagher's First Addition, also being the center line of a 12 foot alley; thence along said northerly boundary, South 890 51' East, 279.1 feet, to the center line of Clinton Street; South 890 51' East, 279.1 feet, to the center line of Clinton Street; thence along the center line of said Clinton Street, South 00 03' east, 314 feet, to an easterly extension of the southerly boundary, of Lot 16 in Rachel Gallagher's First Addition; thence on said easterly extension of and the southerly boundary of Lot 16, North 890 51' West, 146 feet, to the easterly right -of -way, of a 12 foot alley; thence along said alley right -of -way, North 00 04' West, 14.1 feet, to the southerly boundary of Lot 7, in said Rachel Gallagher's First Addition; thence along the easterly right -of -way of Rush Street, North 00 04' West 299.9 feet, to the northerly boundary of said Rachel Gallagher's First Addition, also being the center line of a 12 foot alley; thence along said northerly boundary, South 890 51' East, 279.1 feet, to the center line of Clinton Street; South 890 51' East, 279.1 feet, to the center line of Clinton Street; thence along the center line of said Clinton Street, South 00 03' east, 314 feet, to an easterly extension of the southerly boundary, of Lot 16 in Rachel Gallagher's First Addition; thence on said easterly extension of and the southerly boundary of Lot 16, North 890 51' West, 146 feet, to the easterly right -of -way, of a 12 foot alley; thence along said alley right -of -way, North 00 04' West, 14.1 feet, to the southerly boundary of Lot 7, in said Rachel Gallaher's First Addition and an extension of said southerly boundary; thence long said southerly boundary and extension of, North 890 51' West, 133 feet, to the point of beginning. EXCEPT that portion lying westerly, of a line parallel with and 5 feet easterly of the easterly right -of -way, of said Rush Street in said Rachel Gallagher's First Addition. ALSO EXCEPT A triangular shaped portion, taken off of the westerly corner of Lot 6, in said Rachel Gallagher's First Addition, described as follows: Beginning at the southwesterly corner of Lot 7, in said Rachel Gallagher's First Addition; thence North 00 04' West, 45 feet; thence South 440 57' East, 63.8 feet; thence North 890 51' West, 45 feet, to the point of beginning. ALSO EXCEPT That portion lying southerly, of a line parallel with and 14.1 feet northerly, of the southerly boundry of Lot 16, in said Rachel Gallagher's First Addition, and an extension of said southerly boundary, to the center line of said Clinton Street. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the REGULAR_ MEETING- JULY.. 23,, _1984 area qualifies as an Economic Revitalization Area under Indian Code 6 -1.1- 12.1 -1, et seq., and has further prepared maps and plats showing the boundaries and such other information as _required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City ofSouth Bend, Indiana, as follows: SECTION I.- That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development,Committee that the area herein described be designated an Economic revitalization Area'and.hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of Real property tax abatement. SECTION II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION I'II. That the Common Council directs the City Clerk to cause notice of the adoption of this Resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Bevelrie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Robert Peltz, 1328 E. Washington, indicated that they were requesting this abatement, in order that Slutsky- Peltz could move their facility to the Monroe - Sample Area. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Braboy. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1178 -84 AN INDUCEMENT RESOLUTION OF THE SOUTH ABEND COMMON COUNCIL RELATING TO THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO MAPLE LANE ASSOCIATES, PHASE VIII WHEREAS, the City of South Bend, Indiana still has insufficient employment opportunities, insufficient tax base and insufficient diversification of economic development facilities, which conditions are harmful to the health, prosperity, economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area and its environs; and WHEREAS, Maple Lane Associates, Phase VLII, an Indiana limited partnership (the "Borrower") has filed an application with the South Bend Economic Development Commission ( "Commission ") to finance the acquisition and improvement of real estate located in South Bend, Indiana, to constitute economic development facilities (the "Project ") resulting in the creation of '-a substantial number of new jobs, as well as other benefits and WHEREAS, Commission has prepared and placed on file a report as specified in Indiana Code 36- 7 -12 -23 and has forwarded copies to the Chairman of the St. Joseph County Area Plan Commission where the economic development facilities are proposed to be located; and WHEREAS, the South Bend Economic Development Commission has determined by a resolution that the Project will be of benefit to the health and welfare of the City and that the Project complies with the Act; and WHEREAS, to induce the Borrower to acquire and improve the Project, theCity desires to adopt this Resolution; and WHEREAS, it is apparent that the development of the Project will provide needed decent, safe and sanitary housing for persons in the City, maintain existing levels of employment, assist in relieving conditions of unemployment in construction and related industries and encourage the increase of commerce in the State of Indiana, all of which are in the public interest of the City; and WHEREAS, the financing of the proposed Project through the issuance of the hereafter- described Bonds of the City complies with the requirements of the Act and will provide for and promote the public health safety, morals and welfare of the inhabitants in and near the City; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. That approval is hereby given to the application of the Borrower relating to the acquisition, construction and improvement of such real estate and the 192 unit rental housing project to be constructed thereon. 1 1 C I I I� �LJ REGULAR MEETING JULY 23, 1984 Section 2. That the City intends to issue its Revenue Bonds (Maple Lane Associates, Phase VIII Project) (the "Bonds ")D in an amount not to exceed approximately $7,000,000 for the purpose of making a loan to the Borrower to provide financing for the acquisition, construction and improvement of the Project. Section 3. To induce the Borrower to acquire, construct and improve the Project the Common Council shall cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of the Bonds by the City to provide funds to be used toward the payment of the costs of acquiring, constructing and improving such Project. Section 4. Any costs or expenses of the City incurred in connection with the Project shall be included in the Project costs and reimbursed either from the proceeds of the Bonds to be issued with respect thereto or from the payments by other parties to the financing. Section 5. The Commission has received a fee in connection with the Project of $1,800.00. Section 6. The liability and obligation of the City and its Common Council shall be limited solely to good -faith efforts to consummate uch proceedings and issue the Bonds, and neither the City nor its Common Council, nor their officers or agents, shall incur any liabiltiy whatsoever if for any reason the proposed issuance of the Bonds is not consummated. Section 7. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk's office, seconded by Council Member Zakrzewski. The motion carried. Kenneth Fedder, attorney for the Economic Development Commission, indicated this inducement resolution was for a 192 apartment unit to be located at Bendix Drive, near Cleveland. He indicated the project meets Federal guidelines as far as 20% of the units will be available to citizens in the low income bracket. Council Member Taylor made a motion to adopt this resolution, as amended, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1179 -84 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, 1818 REALTY, AN INDIANA PARTNERSHIP PROJECT. WHEREAS, at the present time there are insufficient employment pportunities and insufficient diversification of business, commerce nd industry in and near the City of South Bend, Idniana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and consturction of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and WHEREAS, 1818 Realty, an Indiana partnership ( "Company "), proposes to acquire and construct economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by the Company for the issuance of City of South Bend Economic Development Bonds in the approximate principal amount of One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) with repayment of the Bonds to be made over a period of ten (10) years with interst thereon at a variable rate equal to 75% of the national prime rate of interest; WHEREAS, the proceeds of the Bonds will be used by the Company to acquire, remodel, expand and equip manufacturing and office faicilities for use by Wells Electronics, Inc., located in the 1700 and 1800 blocks of South Main Street, South Bend, Indiana, which facility shall result initially in approximately twenty (20) new jobs with an annual payroll of approximately Three Hundred fifty -four thousand Dollars ($354,000). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately One Million Five Hundred Thousand and no /100 Dollars ($1,500,000.00) of its revenue bonds, which Bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City, will comply with the purposes and provisions of the Act, and the proposed =REGULAR_. MEETING_ JULY 23,__198.4 facility shall not have an adverse competitive effect on other similar facilities in the City. 3. The 'Company may proceed with the acquisition and construction of the economic development facilities in reliance upon this resolution. 4. That the liability and'obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Iddiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds. The South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. This inducement resolution shall be in full force and effect from and after its adoption by the CommonCouncil and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated this inducement resoleton was for the remodeling and expansion of a facility located at 1818 S. Main, which will be the home office for Wells Electronics. He indicated approximately 20 new jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1180 -84 A RESOLUTION OF THE COMMON COUNCIL APPOINTING THE CITY CONTROLLER AS AUTHORIZED RESPONDENT FOR PERF EMPLOYEE VERIFICATION PURPOSES WHEREAS, the Public Employees' Retirement Fund requires verification of number of years of creditable service of City employees for pension purposes; and, WHEREAS, the Public Employees' Retirement Fund requires that verification be given by an individual authorized to respond by the governing body of the City; and WHEREAS, the Controller is the individual responsible for all employment records. BE IT, THEREFORE, RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Controller -is hereby appointed as the City's authorized respondent for PERF employment verification purposes. SECTION "II This resolution shall be in force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution is the result of a mandate issued by the State to designate one individual to be responsible for correspondence on PERF. Council Member Serge made a motion toa adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1181 -84 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO: TEACHER'S CREDIT UNION PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, Teacher's Credit Union ofSouth Bend, Indiana proposes to acquire and construct economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilites pursuant to the Act; and' WHEREAS, the South Bend Economic Develpment Commission has received an application by Teacher's Credit Union for the issuance of City of South Bend Economic Development Revenue Bonds in the approximate principal amount of Seven Million Nine Hundred Thousand and no /100 Dollars ($7,900,000.00) with the terms 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