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REGULAR MEETING JANUARY 28, 2008 <br />WHEREAS, the Common Council desires to have the Building <br />Corporation proceed to refund the Prior Bonds outstanding after February 1, 2008 in the <br />aggregate principal amount of Seven Million One Hundred Forty-five Thousand and <br />00/100 Dollars ($7,145,000.00) to result in a savings, the proceeds of which will be used <br />to (i) finance the refunding of the Prior Bonds, and (ii) to pay the costs of issuance of the <br />refunding bonds which bonds would be issued in an aggregate principal amount not to <br />exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) (the <br />"Refunding Bonds"); and <br />WHEREAS, the Common Council desires that the Lease be amended to <br />reduce the semiannual lease rentals to correspond to the actual debt service as established <br />pursuant to the terms of the sale of the Refunding Bonds; <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the <br />City of South Bend, Indiana, as follows: <br />1. The Common Council hereby authorizes the Building Corporation <br />to proceed with the refunding of its previously issued County Option Income Tax Lease <br />Rental Revenue Bonds of 2001 outstanding after February 1, 2008 in the aggregate <br />principal amount of Seven Million One Hundred Forty-five Thousand and 00/100 Dollars <br />($7,145,000.00) to achieve a savings for the City. The Common Council hereby <br />approves of the sale of the Refunding Bonds in an aggregate principal amount not to <br />exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00). <br />2. The Mayor, the City Clerk and the Controller, and such other <br />officers of the City as may be necessary and appropriate, are, and each of them is, hereby <br />authorized to take any and all actions and to execute all such instruments as may be <br />necessary or appropriate to accomplish the advance refunding of the outstanding Prior <br />Bonds, in such forms as the officers executing the same shall deem proper, to be <br />evidenced by the execution thereof, including, without limitation, (i) executing a second <br />addendum to lease to provide for lower annual lease rental payments as a result of the <br />refinancing of the outstanding Prior Bonds, and (ii) entering into a continuing disclosure <br />undertaking agreement to provide continuing disclosure with respect to the Refunding <br />Bonds as required under the federal securities laws. <br />3. This Resolution shall be in full force and effect from and after its <br />passage by the Common Council and approval by the Mayor. <br />s/Timothy A. Rouse <br />Member of the Common Council <br />Councilmember Dieter, Chairperson, Community and Economic Development <br />Committee, reported that this committee held a Public Hearing on this bill this afternoon <br />and voted to send it to the full Council with a favorable recommendation. <br />Ms. Beth Leonard, Director, Financial & Program Management, Department of <br />Community & Economic Development, 12th Floor county-City Building, South Bend, <br />Indiana, made the presentation for this bill. <br />Ms. Leonard advised that this bill would allow for the appropriation of $100,000 of <br />Urban Development Action Grant reimbursement funds for Predevelopment costs for <br />pending development projects within the City. The predevelopment costs include items <br />such as market studies, appraisals, preliminary site plans, surveys, title work, <br />environmental studies, etc. which are necessary to determine the feasibility of a project <br />and determine whether it can or should proceed. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br />7 <br />