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HomeMy WebLinkAboutApproving Revenue Bonds Midstate Power Transmission Co IncORDINANCE NO. 6214 -77 Passed by the Common Council of the City of South Bend, Indiana_ September 12 19 77 Attest: /� K- City Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me September 13 �9 77 4,"' City Clerk IRENE K. GAMMON ORDINANCE NO. 6 a I y- r) 7 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO MIDSTATE POWER TRANSMISSION COMPANY, INC. 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 MIDSTATE POWER TRANSMISSION COMPANY, INC. 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 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 Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; and the Commission held a public hearing on the proposed financing of such facilities on July 8th, 1977, 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, Indiana; 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 MIDSTATE POWER TRANSMISSION COMPANY, INC. 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 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 and shall be kept on file by the City Clerk 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 MIDSTATE POWER TRANSMISSION COMPANY, INC. facilities, may be issued in amounts not to exceed Two Hundred Twenty -five Thousand ($225,000.00) Dollars for a period not exceeding twenty (20) 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 execttdd 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. 1st READING Q, J PUBLIC F,cARING $ 2n8 READING NOT APPROVED. REFERRED PASSED Member of the Co on 0ouncil IW-C �iLED IN CLERK'S OFFICE ;q7t Irene Gammon CIiY CLERK, SOUTH BEND, IND. NOTICE OF FILING OF ORDINANCE Notice is hereby given that on the lst day of Aug., 1977, the South Bend Economic Development Commission filed with the City Clerk of South Bend, Indiana, a proposed form of ordinance authorizing the execution of a Lease and Trust Indenture and the issuance of Industrial Development Revenue Bonds pertaining to facilities for MIDSTATE POWER TRANSMISSION COMPANY, INC. Such proposed Ordinance will be considered and heard at the regular meeting of the Common Council of the City of South Bend, Indiana, to be held at 7:00 o'clock P.M. on the day of , 1977, in the chambers of the Common Council of the City of South Bend, Indiana, in the County - City Building, South Bend, Indiana. Irene K. Gammon City Clerk South Bend, Indiana TRANSMITTAL OF ADOPTED COMMISSION RESOLUTION AND PROPOSED ORDINANCE FOR ADOPTION BY THE SOUTH BEND COMMON COUNCIL AND APPROVAL BY THE MAYOR PERTAINING TO THE FINANCING OF FACILITIES FOR MIDSTATE POWER TRANSMISSION COMPANY BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS TO: Irene K. Gammon City Clerk County -City Building South Bend, Indiana 46601 The South Bend Economic Development Commission (Commission) hereby transmits to you in accordance with 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 ": 1. A resolution adopted by the Commission as of July 8, 1977, as called for by the Act; 2. Proposed ordinance for adoption by the Common Council of the City of South Bend, Indiana, as called for by the Act. You will note from a perusal of the body of these documents the purpose thereof is to finance the acquisition of land and erect improvements thereon for MIDSTATE POWER TRANS- MISSION COMPANY, INC., by the execution of a Lease and Trust Indenture and the issuance of Industrial Development Revenue Bonds in a total amount not to exceed $105,000.00 repayable over a period not to exceed twenty (20) years' duration. With respect to the ordinance, you are respectfully asked to publish once in a newspaper in South Bend, Indiana, a notice that such proposed ordinance to the Common Council of South Bend, Indiana, for passage not earlier than ten (10) days from the date of the publication of such n tice. Submitted this day of , 1977. SOUTH BEND ECONOMIC D OPMENT NIM NO _��� VOOR, JACKSON, McMICHAEL, ALLEN, FEDDER 8 HERENDEEN WILLIAM E. VOOR ATTORNEYS & COUNSELORS AT LAW AREA CODE 219 WILLIAM O. JACKSON 300 FIRST BANK BUILDING 234 -6061 GUY H. Mc MICHAEL LLOYD M.ALLEN SOUTH BEND, INDIANA 46601 WILLIAM E.VOOR,JR. KENNETH P. FEDDER GEORGE E.HERENDEEN MICHAEL P. BARNES August 2, 1977 JOHN B. RAMMING ANTHONY D. KOWALS TIMOTHY P. Mc LAUGHLIN BRIAN J. MAY Members of the South Bend Common Council County -City Building South Bend, Indiana 46601 RE: Revenue Bond Application Midstate Power Transmission Company, Inc. Dear Gentlemen: An application for a Revenue Bond Issue for One Hundred Five Thousand ($105,000.00) Dollars for and on behalf of MIDSTATE POWER TRANSMISSION COMPANY, INC., has been made for the construction and equipping of a facility on the property located at Lot 7 of Block 3, Airport Industrial Park, Phase III, South Bend, Indiana. It is estimated that two (2) new employees would be requested, showing an amount gross payroll of $20,000.00. This expansion will mean an increase in employment. It is properly zoned and it will be a further expansion of business herein our South Bend area. Respectfully, //� Kenne P. Fedder Atjtorne�y for the Economic Development // j Commission KPF /gwo