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REGULAR MEETING DECEMBER 14, 1981
<br />The City of South Bend, Indiana (the "City ") is authorized under the provisions
<br />of Indiana Code 36- 7 -12 -1, et.seq., to acquire, construct and finance economic
<br />development projects for the users thereof and to provide for the issuance of revenue
<br />bonds in conjunction therewith.
<br />The City, in order to implement the public purposes enumerated under the Act and
<br />in furtherance thereto to induce Columbine Carriers, Inc., a Delaware corporation
<br />authorized to do business in the State of Indiana (the "Borrower "), to build and
<br />construct a maintenance and operational building as well as office buildings as a new
<br />structure on the Northeast corner of Cleveland and Mayflower Roads in the City of
<br />South Bend, Indiana, and to equip the same with the necessary equipment, hereinafter
<br />collectively called (the "Project ") within the limits of the City of South Bend, has
<br />indicated its intent to issue its revenue bonds under and pursuant to the provisions
<br />of the Act and to apply the proceeds therefrom to the payment of the costs of the
<br />Project.
<br />The Borrower, after considering a number of possible locations within and outside
<br />the State of Indiana, and in reliance upon the intent of the City to finance the
<br />Project through the issuance of revenue bonds under the provisions of the Act above
<br />referred to, has determined to construct the Project within the limits of the City of
<br />south Bend, Indiana.
<br />It is now deemed advisable to authorize the execution and delivery by the City
<br />of a memorandum of intent expressing formally and in writing the understanding heretofore
<br />formally agreed upon by the City and Columbine Carriers, Inc., a Delaware corporation
<br />authorized to do business in the State of Indiana, the Borrower.
<br />NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend,
<br />Indiana, as follows:
<br />SECTION I. The Mayor is hereby authorized and directed to execute a Memorandum
<br />of Intent by and between the City and Columbine Carriers, Inc., a Delaware corporation
<br />authorized to do business in the State of Indiana, the Borrower, and the City Clerk
<br />is hereby authorized and directed to affix the seal of the City thereto and to attest
<br />the same; and said Mayor and City Clerk are hereby authorized and directed to cause
<br />said Memorandum of Intent to be delivered to, accepted, and executed by Columbine
<br />Carriers, Inc., said Memorandum of Intent, which is hereby approved and incorporated
<br />by reference and made a part of this authorizing resolution, to be in substantially
<br />the form attached hereto.
<br />SECTION 2. The obligation of the City of South Bend, and any of its Commissions,
<br />officers and employees and agents shall be limited solely to good faith efforts to
<br />consummate said proceedings and issue the bonds and neither the South Bend Economic
<br />Development Commission, the Mayor, the Common Council, the City, its officers or
<br />agents, shall incur any liability whatsoever if for any reason the proposed issuance
<br />of the bonds is not consummated.
<br />SECTION 3. All resolutions and orders, or parts thereof, in conflict with the
<br />provisions of this resolution are, to the extent of such conflicts, hereby repealed
<br />and this resolution shall be in immediate effect from and after its adoption.
<br />This Inducement Resolution shall be in full force and effect after its adoption
<br />by the Common Council and approval by the Mayor.
<br />/s/ Lewis A. McGann
<br />Member of the Common Council
<br />A public hearing was held on the resolution at this time. Charles Boyton, attorney
<br />representing Columbine Carriers, indicated this inducement resolution was for a $675,000
<br />bond issue to construct a maintenance and general office building. He indicated they
<br />were expanding their operations and will create an addition six to eight positions.
<br />Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council
<br />Member Serge. The resolution was adopted by a roll call vote of nine ayes.
<br />RESOLUTION
<br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
<br />APPROVING THE ISSUANCE OF LICENSE RENEWALS FOR SCRAP AND
<br />JUNK DEALERS.
<br />A public hearing was held on the resolution at this time. Kathy Bernard, Director of
<br />Neighborhood Code Enforcement, indicated the resolution should be amended to add
<br />seven additional scrap and junk dealers who are now in compliance: Hurwich Iron Co.,
<br />Indiana Iron & Metal, South Bend Auto Parts, Albert Mickelson, Super Auto Salvage,
<br />South Bend Baling & Iron, Hurwich Iron Co. Council Member Beck made a motion to
<br />amend the resolution, seconded by Council Member Serge. The motion carried. Mrs.
<br />Bernard indicated all properties have been inspected for fire code violations, environmentz.
<br />violations, proper maintenance of the premises, and height and condition of fencing.
<br />All dealers listed in the resolution were found to be in compliance. Council Member
<br />Dombrowski made a motion to continue this resolution until January 11, 1982, seconded
<br />by Council Member Serge. The motion carried.
<br />BILLS, FIRST READING
<br />BILL NO. 136 -81
<br />A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 40
<br />FOOT RIGHT OF WAY OF LATHROP STREET FROM THE NORTHEAST CORNER
<br />OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 2 EAST WEST TO THE
<br />EAST RIGHT OF WAY LINE OF BUTTERNUT ROAD, A DISTANCE OF
<br />APPROXIMATELY 3400 FEET.
<br />This bill had first reading. Council Member Beck made a motion to set this bill for
<br />public hearing and second reading January 11, 1982, and refer it to the Residential
<br />Neighborhood Committtee, seconded by Council Member Dombrowski. The motion carried.
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