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HomeMy WebLinkAboutAuthorizing Revenue Bonds - R Lee Fagen d/b/a Fagen EnterprisesORDINANCE No. 5543 -73 Passed by the Common Council of the City of South Bend, IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, JULY 1n, 19_73_ k � • •� •. '.• • 1! OI ' • rr 11 ' _�� Clerk of Common Council IRENE K. GAMMON Clerk NO. 357-4/0 -173 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND THE 'FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVEL- OPMENT REVENUE BONDS PERTAINING TO R. LEE FAGEN d /b /a FAGAN ENTERPRISES WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Economic Development Commission pursuant to the provisions of the Municipal Economic Development Act. of 1965, as amended, and WHEREAS, the South Bend Economic Development Commission has found bV a written resolution that because of existing insufficient employment opportunities, or insufficient diversification of industry, or insufficient pollution control measures, the economic welfare of the City of South Bend, Indiana, would be benefited by the acquisi- tion and leasing to others of industrial facilities, and such resolu- tion and finding has been approved by the Common Council of the City of South Bend, Indiana, and WHEREAS, the South Bend Economic Development Commission has prepared a report estimatin§ the public services which would be desirable by the proposed project, and yhe expenses,thereof, the total project costs of the proposed project and the number of jobs and the estimated payroll on account of the acquisition and leasing of the proposed facilities relating to R. Lee Fagen d /b /a Fagen Enterprises and such report has been submitted to the Chairman of the Plan Commission and to the Superintendent of the South Bend Community School Corporation and their written comments have been received by the Clerk of the Common Council of the City of South Bend, Indiana, and such reports and comments have been appropriately made to such Council, and WHEREAS, the South Bend Economic Development Commission has approved this form of ordinance authorizing the execution of a Lease, Trust Indenturg, Bonds and Mortgage, and the issuance of economic development revenue bonds in accordance therewith, and WHEREAS, the City Clerk of South Bend, Indiana, has published mnce in a newspaper published in South Bend, Indianan a notice that such form of ordinance has been filed with the Clerk in accordance with the provisions of said Municipal Economic Development Act of 1965, as amended, and WHEREAS, the Common Council 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 tending to overcome the deficiencies previously found to exist and that such benefit is greater than the costs of the public facility which would be required by the proposed project relating to R. Lee Fagan d /b /a Fagen Enterprises. 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, Trust Indenture, Mortgage and Economic Development Revenue Bonds as amended at this meeting pertaining to R. Lee Fagan d /b /a Fagan Enterprises facilities and the issuance of the economic development revenue bonds pursuant thereto are hereby approved and adopted. Section 2. Said forms of Lease, Trust Indenture, Mortgage and Economic Development Revenue Bonds as amended at this meeting are hereby incorporated by reference into this ordinance and said forms shall be inserted into the minutes of the Common Council of South Bend, Indiana, and shall be kept on file by the City Clerk of South Bend, Indiana. Section 3. The said Lease, Trust Indenture, Mortgage and Economic Development Revenue Bonds as amended at this meeting shall be executed on behalf of the City of South Bend, Indiana, by the Mayor and City Clerk, but such officers shall not execute such Lease, Trust Indenture, Mortgage and Economic Development Revenue - 2 - Bonds within twenty (20r days following the adoption of this or- dinance as provided by law. Section 4. The Economic Development Revenue Bonds, payable solely and only from the revenue derived from such R. Lee Fagan d /b /a Fagan Enterprises facilities, may be issued in a total sum of not to exceed $240,000.00 for a period not to exceed fifteen (15) years duration from the date of the issuance of such bonds in accordance with the terms of said Lease, and Trust Inden- ture, and Mortgage as amended at this meeting 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 its approval by the Mayor. Member of Cou it - 3 - 1sr READING G _ a 7. 7 3 PUBLIC HEARING -7- 9- 3 2nd READING 7 - q_ 3 NOT APPROVED REFERRED PASSED 7 _ 9_ 3 FILED IN CLERK'S OFFICE JUN 13 1973 Irene Gammon CITY CLERK, SOUTH BEND, IND. (dnmmittpr 3�rport XV tae Tomnwn Toum- l of t4r (Itty of omd4 Mend: Your Committee of the Whole to whom was referred AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO R. LEE FAGEN, d /b /a FAGEN ENTERPRISES. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable. Odell Newburn Chairman RR LL BREei r PVELI8XIN6 CO.