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HomeMy WebLinkAboutAuthorizing City to issue Variable Rate Demand Economic Development Revenue BondsORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 24, 00 20 City Clerk President of Common Council Presented by me to the Mayor of the City of Soutli Bend, Indiana July 25, 2~0 City Clerk Approved and signed by me S ~A Zb 20 ~~ Mayor ORDINANCE NO. ~ l I 1 ~ O ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS (COLBERT PACKAGING CORPORATION PROJECT), SERIES 2000" AND APPROVING OTHER ACTIONS IN RESPECT THERETO (3620 WEST MCGILL STREET, SOUTH BEND, INDIANA) WHEREAS, the South Bend Economic Development Commission has rendered its Project Report regarding the financing of proposed economic development facilities for Colbert Packaging Associates, LLC to the South Bend Plan Commission; and WHEREAS, the South Bend Economic Development Commission conducted a public hearing on July 21, 2000 before the Commission, and adopted a Resolution on July 21, 2000, which Resolution has been transmitted hereto, finding that the financing of certain economic development facilities for Colbert Packaging Associates, LLC complies with the purposes and provisions of I.C. 36-7-11.9 and 12 and that such financing will be of benefit to the health and welfare of the City of South Bend and its citizens; and WHEREAS, the South Bend Economic Development Commission has heretofore approved and recommended the adoption of this form of Ordinance by this Common Council, has considered the issue of adverse competitive effect and has approved the forms of and has transmitted for approval by the Common Council the Lease; the Loan Agreement; the Promissory Note; the Bond Purchase Agreement; the Trust Indenture; and the Preliminary Offering Memorandum; now, therefore BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THAT: 650745.3 Section 1. It is hereby found that the financing of the economic development facilities referred to in the Loan Agreement approved by the South Bend Economic Development Commission and presented to this Common Council, the issuance and sale of the City of South Bend, Indiana Variable Rate Demand Economic Development Revenue Bonds (Colbert Packaging Corporation Project), Series 2000 (the "Bonds"), the loan of the proceeds of the Bonds to Colbert Packaging Associates, LLC (the "Borrower") for the acquisition, construction and equipping of such facilities, the payment of the Bonds by the note payments of the Borrower under the Loan Agreement and Promissory Note, the issuance of a letter of credit to secure the payment of interest on or principal of the Bonds, and the securing of such Bonds under the Trust Indenture complies with the purposes and provisions of I.C. 36-7-11.9 and 12 and will be of benefit to the health and welfare of the City of South Bend and its citizens. Section 2. The economic development facilities will consist of the acquisition, construction and equipping of a manufacturing facility to be leased to Colbert Packaging Corporation, an Indiana corporation, to be used in the manufacturing of set-up boxes and Valentine heart-shaped boxes, located at 3620 West McGill Street, South Bend, Indiana (the "Project") Section 3. At the public hearing held before the South Bend Economic Development Commission, the Commission considered whether the economic development facilities would have an adverse competitive effect on any similar facilities located in or near South Bend, and subsequently found, based on special findings of fact set forth in the Resolution transmitted hereto, that the facilities would not have an adverse competitive effect. This Common Council hereby confirms the findings set forth in the Commission's Resolution, and concludes that the economic development facilities will not have an adverse competitive effect on any other similar facilities in 650745.3 - 2 - or near the City of South Bend, and the facilities will be of benefit to the health and welfare of the citizens of the City of South Bend. Section 4. The substantially final forms of the Lease; the Loan Agreement; the Promissory Note; the Bond Purchase Agreement; the Preliminary Offering Memorandum; and the Trust Indenture approved by the South Bend Economic Development Commission are hereby approved (herein collectively referred to as the "Financing Agreement" referred to in I.C. 36-7-11.9 and 12), and the Financing Agreement shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the City Clerk. In accordance with the provisions of I.C. 36-1-5-4, two (2) copies of the Financing Agreement are on file in the office of the City Clerk for public inspection. Section 5. The City of South Bend shall issue its Bonds in the total principal amount not to exceed $1,400,000 and maturing no later than twenty (20) years from the date of the first principal payment thereon. Such Bonds are to be issued for the purpose of procuring funds to pay the costs of acquisition, construction and equipping of the economic development facilities as more particularly set out in the Trust Indenture and Loan Agreement, incorporated herein by reference, which Bonds will be payable as to principal, premium, if any, and interest from the note payments made by the Borrower under the Loan Agreement and Promissory Note or as otherwise provided in the above-described Trust Indenture. The Bonds shall be issued in fully registered form in denominations of $100,000 or any integral multiple in excess thereof or as otherwise provided in the Trust Indenture, and shall be redeemable as provided in Article II of the Trust Indenture. Payments of principal and interest are payable in lawful money of the United States of America by check or draft mailed or delivered to the registered owners or by wire transfer to an owner holding Bonds in 650745.3 - 3 - the amount of at least $1,000,000, if requested by such owner, as provided in the Trust Indenture. The Bonds shall never constitute a general obligation of, an indebtedness of, or a charge against the general credit of the City of South Bend nor are the Bonds payable in any manner from revenues raised by taxation. Section 6. The Mayor and City Clerk are authorized and directed to sell the Bonds to the original purchasers thereof at the price of 100% of the principal amount thereof. The Bonds shall bear interest at the rates per annum established pursuant to Section 203 of the Trust Indenture, provided that the interest rate on the Bonds shall not exceed the maximum rate permitted by law. The Underwriter, Banc One Capital Markets, Inc., shall be entitled to an underwriting fee not to exceed 1% of the face amount of the Bonds. Section 7. The Mayor and City Clerk are authorized and directed to execute, attest, affix or imprint by any means the City seal to the documents constituting the Financing Agreement approved herein on behalf of the City and any other document which may be necessary or desirable prior to, on or after the date hereof to consummate or facilitate the transaction, including the Bonds authorized herein. The Preliminary Offering Memorandum maybe converted to a final Offering Memorandum upon approval of the changes and modifications by Issuer's Counsel and further the distribution thereof in connection with the sale of the Bonds is hereby approved. The Mayor and City Clerk are hereby expressly authorized to deem the Preliminary Offering Memorandum relating to issuance of the Bonds as nearly final and the distribution of the nearly final Offering Memorandum is hereby approved. The Mayor and City Clerk are hereby expressly authorized to approve any modifications or additions to the documents constituting the Financing Agreement which take place after the date of this Ordinance with the review and advice of counsel to the City; 650745.3 ' 4 it being the express understanding of this Common Council that such Financing Agreement is in substantially final form as of the date of this Ordinance. The approval of such modifications or additions shall be conclusively evidenced by the execution and attestation thereof and the affixing of the seal thereto or the imprinting of the seal thereon; provided, however, that no such modification or addition shall change the maximum principal amount of, interest rate on or term of the Bonds as approved by the Common Council by this Ordinance without further consideration by the Common Council. The signatures of the Mayor and City Clerk on the Bonds may be either manual or facsimile signatures. The City Clerk is authorized to arrange for delivery of such Bonds to the Trustee named in the Trust Indenture, and payment for the Bonds will be made to the Trustee named in the Trust Indenture and after such payment, the Bonds will be delivered by the Trustee to the purchasers thereof. The Bonds shall be originally dated the date of issuance and delivery thereof. Section 8. The provisions of this Ordinance and the Trust Indenture securing the Bonds shall constitute a contract binding between the City of South Bend and the holders of the Bonds, and after the issuance of such Bonds, this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of such holders so long as such Bonds or the interest thereon remains unpaid. Section 9. The City of South Bend, Indiana hereby elects to issue the Bonds pursuant to the $10,000,000 small issue exemption set out in Section 144(a)(4) ofthe Internal Revenue Code of 1986, as amended. 650745.3 - 5 Section 10. This Ordinance shall be in full force and effect from and after its passage. Passed and adopted this 24th day of July, 2000. (SEAL) Attest: City Clerk 650745.2 1st READING 1 ' ~ ~ " Q ~ PUBLIC HEARING l-z`i-0~+ 650745.3 :3 rd R1:ADING 'i -L`I -a~ NOT APPROVED REFERRED PASSED Z ' Z`~ ~~~ SOUTH BEND COMMON COUNCIL r Member of Common Cou it ~~~~~ ~~ ~~~~~hs~ ~w e a' - 6 - ..________~.. _,~...~ JUG 2 ~ °~~~ .._.~ LdR=TTfsJ Ct,,°~. CITY CLEFIF-., ~C. !; ~~~ :'~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 55-00 THIRD READING ON A BILL AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS (COLBERT PACKAGING CORPORATION PROJECT), SERIES 2000" AND APPROVING OTHER ACTIONS IN RESPECT THERETO (3620 WEST MCGILL STREET, SOUTH BEND, INDIANA) Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Andrew Udj ak Chairman ALLEN, FEDDER, HERENDEEN £~ KOWALS ATTORNEYS AND COUNSELORS AT LAW KENNETH P. FEDDER SUITE 606 LLOYD M. ALLEN GEORGE E HERENDEEN (1919-19891 . 205 W. JEFFERSON BLVD. ANTHONY D. KOWAL5 SOUTH BEND, INDIANA 46601 TELEPHONE LARRY L. AMBLER (219) 234-6061 DAVID M. MoTIGUE MARK S. LENYO FAX NO. CLAUDIA J. BUGH (219) 234.OTT2 June 29, 2000 Ms. Loretta J. Duda, Clerk City of South Bend, Indiana Room 455, County-City Building South Bend, IN 46601 Re: Ordinance No. ~ ~ ~ " ~~ -Colbert Packaging Corporation Project Dear Ms. Duda: I am filing herewith copies of a proposed Ordinance -for presentation to the South Bend Common Council for first reading at its July 10, 2000 meeting. I would then be requesting that the Ordinance be set for second reading and public hearing on July 24, 2000 at 7:00 p.m. Further enclosed are suggested forms of Minutes covering the Common Council meeting of July 24, 2000. Lastly, enclosed are preliminary copies of the various financing documents. KPF:ram enc. cc: Amy M. Corsaro, Esquire Ice Miller Donadio & Ryan F~t~€~ En ~i~r~z'~ ®~fac~ JUG! 2 ~ 2Q~~ LORETTA J. tgllDA CJ71f CLEiiK, Ca. D=):JI), t~*J. i ~ RESOLUTION NO. ~`~ I RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE REDEVELOPMENT AUTHORITY LEASE RENTAL REVENUE REFUNDING BONDS AND THAT CERTAIN PRELIMINARY COSTS BE REIMBURSED FROM THE PROCEEDS OF SAID BONDS WHEREAS, the South Bend Redevelopment Authority (the "Authority") desires, pursuant toI.C. 36-7-14.5-19 and I.C. 5-1-5, to issue its South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds of 2000 (College Football Hall of Fame Project) (the "Bonds") for the purposes of financing the costs of (i) refunding the outstanding lease rental revenue bonds issued in 1994 to finance the construction of the College Football Hall of Fame, and (ii) paying the costs of issuance of the Bonds (the "Refunding"); and WHEREAS, certain preliminary expenses relating to the Refunding have been or will be incurred by the Authority or incurred or advanced on behalf of the Authority by the City of South Bend, Indiana (the "City"), before the issuance and delivery of the Bonds; and WHEREAS, the Authority desires to reimburse itself and the City for the preliminary costs and expenses incurred or advanced in financing the Refunding from proceeds of the Bonds, when issued, including such financial advisor and attorney fees necessary for completion of the Refunding; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Authority as follows: :oDMA\PCDOCS\SBDOCS 1\66214\ 1 `` ./ I. The Authority hereby determines to issue its Bonds pursuant to I.C. 36-7- 14.5-19 and I.C. 5-1-5 to obtain funds to pay for the costs of the Refunding. 2. The Authority hereby establishes its intent, pursuant to I.C. 5-1-14-6, to reimburse itself and the City for preliminary costs and expenses incurred or advanced in financing the Refunding from the proceeds of the Bonds when issued. 3. This Resolution shall be in full force and effect from and after its adoption by the Authority. ADOPTED at a meeting of the South Bend Redevelopment Authority held on July 17, 2000, in the County-City Building, 227 West Jefferson, South Bend, Indiana. SOUTH BEND REDEVELOPMENT AUTHORITY By: ~ - ~~~ resident ATTEST: Sec • tary-Treasurer :ODMA\PCDOCS\SBDOCSI\66214\1 -2-