HomeMy WebLinkAboutApproving Industrial Development Revenue Bonds H.T.W. PartnershipPassed by the Common Council of the City of South Bend, Indiana_
May 8 -1978
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind'ana
May 9
-19_28
8
Approved and signed by me QAd 90
City Clerk
of Common Council
IRENE K. GAMMON
Clerk
ORDINANCE NO. -�
AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST
INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND
AUTHORIZING THE EXECUTION THEREOF PERTAINING TO H.T.W. PARTNERSHIP
STATEMENT OF PURPOSE OF INTENT:
The Common Council of the City of South Bend, Indiana,
heretofore has created the South Bend Development Commission,
hereinafter referred to as "Commission," pursuant to the provi-
sions 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 -2, through
IC 18- 6- 4.5 -28, hereinafter referred to as the "Act;" and
H.T.W. PARTNERSHIP, has filed an application with the
Commission to finance the acquisition of real estate and the
construction thereof of an industrial and commercial building
(facilities) which will constitute economic development facilities
resulting in a substantial number of new jobs as well as other
benefits; and
in connection therewith the
and placed on file a report containing
specified in Section 16 of IC 18 -6 -4.5
thereof to the Chairman of the Area Pl
Superintendent of the School Corporat
the facilities will be located, and ha
reports from each of them; and
Commission has prepared
the subject matter as
and has forwarded copies
an Commission and to the
on in the area of which
s timely received favorable
the Commission held a public hearing on the proposed
financing of such facilities on,4AP11- lam, 1978, after giving
the required notice as provided for in Section 17 of IC 18 -6 -4.5
and did find that the proposed financing complies with the purposes
and provisions of the applicable Indiana statutes governing the
issuance of Industrial Development Revenue Bonds by the Commission
and the Commission finds that the proposed facility will not have
an adverse competitive effect on similar .facilities already
constructed and operating in the City of South Bend, Inidana; and
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 Lease and Trust
Indenture and Industrial Development Revenue Bonds pertaining to
H.T.W. PARTNERSHIP facilities and the issuance of the Industrial
Development Revenue Bond pursuant thereto are hereby approved and
adopted.
Section 2. Said forms of Lease and Trust Indenture
together with Industrial Development Revenue Bonds which are on
file with the Commission are hereby incorporated by reference
into this Ordinance, and said forms shall be inserted into the
minutes of the Common Council of the City of South Bend, Indiana.
Section 3. The Lease and Trust Indenture shall be
executed on behalf of the City of South Bend, Indiana by the
Mayor and City Clerk and sealed with the corporate seal of
such City.
Section 4. Said Industrial Development Revenue Bonds,
payable solely and only from the revenue derived from such H.T.W.
PARTNERSHIP, facilities, may be issued in amounts not to exceed
Five Hundred Thousand ($500,000.00) Dollars for a period not
exceeding fifteen (15) years after the first monthly installment
due thereon, in accordance with the terms of said Lease and Trust
Indenture and that such Bonds shall be executed on behalf 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.
Member of the Common Council
FILED IPA . , ' Tf-nf
APR 201978
�tn•
CITY CLERK. ,u Li H
15t READING 41- y/_ f
PUBLIC HEARING
2nd READING _
NOT APPROVE crS 7
REFERRED
PASSED
-2-
VOOR, JACKSON, McMICHAEL, ALLEN, FEDDER 8 HERENDEEN
WILLIAM E. VOOR ATTORNEYS 8 COUNSELORS AT LAW AREA CODE 219
WILLIAM O. JACKSON 300 FIRST BANK BUILDING 234 -6061
GUY H.McMICHAEL
LLOYD M.ALLEN
WILLIAM E.VOOR,JR.
KENNETH P. FEDDER
GEORGE E.HERENDEEN
MICHAEL P. BARNES
JOHN B. RAMMING
ANTHONY D. KOWALS
tIMOTHY P. M. LAUGHLIN
BRIAN J. MAY
SOUTH BEND, INDIANA 46601
Members of the South Bend
Common Council
South Bend, Indiana 46601
RE: Revenue Bond Application
H.T.W. Partnership
Dear Gentlemen:
/�1iA1 L .7-0( 17g,
Application of a Revenue Bond Issue for Five Hundred Thousand
($500,000.00) Dollars, for and on behalf of H.T.W. PARTNERSHIP, an
Indiana Partnership, compromised of James V. Wyllie, Robert W. Tennyson
and J. Kenneth Harkleroad, for the acquisition of property and
construction of the facility located on Block 6 Lot 5 of Phase
III of the Airport Industrial Park. H.T.W. Partnership will lease
this property and facility to Nyloncraft, Inc.
This expansion will mean an increase in employment. It is
estimated that this new facility will result in the employment of
approximately 45 new jobs with an annual payroll of approximately
$450,000.00.
It is properly zoned and it will be a further expansion of business
here in our South Bend area.
KPF /gwo
Very truly yours,
KEEN ETH P . FEDDER
ITT RNEY FOR THE ECONOMIC
LOPMENT COMMISSION
n Eg It, CI RTS OFFICE
APR 2 0 1978
Irene Gammon
CITY CLERK, SUM BENU, MD.
COMMISSION RESOLUTION NO.6- %f
WHEREAS, the City of South Bend, Indiana, still has in-
sufficient employment opportunities and insufficient diversification
of industries, which conditions are harmful to the 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, H.T.W. PARTNERSHIP have filed an application with
the South Bend Economic Development Commission ( "Commission ")
to finance the acquisition of real estate and the construction
thereof of an industrial and commercial building which will
constitute economic development facilities resulting in a
substantial number of new jobs as well as other benefits; and
WHEREAS, the Commission has considered whether the proposed
facilities may have an adverse competitive effect on similar
facilities already constructed and operating in the City of
South Bend, Indiana; and
WHEREAS, Commission has prepared and placed on file a
report as specified in IC 18- 6- 4.5 -16, and has forwarded copies
thereof to the Chairman of the Area Plan Commission and to the
Superintendent of the School Corporation where the facilities will
be located, and has received favorable reports from each of them.
NOW, THEREFORE, the South Bend Economic Development Commission
at this meeting, being a public hearing on not less than five
(5) days notice on such proposed financing of such facilities,
does now find that the proposed financing complies with the
purposes and provisions of the applicable Indiana statutes
governing the issuance of Industrial Development Revenue Bonds
by the Commission; and
BE IT FURTHER RESOLVED, by the South Bend Economic Development
Commission that the proposed financing of the acquisition of the
involved real estate and erection of an industrial and commercial
building thereon, and the form and terms of the financing agreement
(Lease and Trust Indenture) and the Bonds in the principal amount
not exceeding Five Hundred Thousand ($500,000.00) Dollars and
bearing interest at a rate of Seven and one -half (7 -1 /2%) percent
annum repayable over a term of 15 years, and the issuance'of the
Bonds in accordance therewith, be and the same hereby are approved,
and the Secretary of the Commission be and he is hereby directed
to transmit to the City of South Bend, Indiana, this resolution,
together with a copy of the form and terms of the financing agree-
ment (Lease and Trust Indenture) and the Bonds.
THIS RESOLUTION ADOPTED BY THE SOUTH BEND ECONOMIC DEVELOP-
MENT COMMISSION OF THE CITY OF SOUTH BEND, INDIANA THIS /71 DAY
OF4X01L, 1978.
2
RESID
VICE PRESIDENT
SECRETARY
FILED IN CI EF7 �'S OFFICE
APR 201978
Irene ,
CITY CLERK,