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REGULAR MEETING SEPTEMBER 23 1974
<br />REGULAR MEETING - RECONVENED (CONTINUED)
<br />RESOLUTION NO. 443 -74 (CONTINUED)
<br />WHEREAS, the City has, in connection with the Project, approved the execution
<br />of a lease, dated February 1, 1974, by the City, as Lessor, to St. Joseph -Brown
<br />Building Company ( "the Company "), as Lessee, ( "the Lease ") and the Company will
<br />enter into a sublease of the Project with St. Joseph Bank and Trust Company which
<br />instrument was dated February 1, 1974 ( "the Sublease "), which instrument was also
<br />approved by the City; and
<br />WHEREAS, in order that the City may acquire the right, title and interest of
<br />the Company in Tract #2 of the Project Site, described in Exhibit A to the Lease,
<br />which Tract is owned by Whitcomb and Keller, Inc., an Indiana corporation, which land
<br />was leased to St. Joseph Bank and Trust Company, an Indiana banking association,
<br />pursuant to an Agreement dated April 8, 1969 ( "the Ground Lease "), and subleased by
<br />St. Joseph Bank and Trust Company to the St. Joseph -Brown Building Company pursuant
<br />to a Lease and Agreement dated January 24, 1974 ( "the Ground Sublease "), it is
<br />necessary for the City to enter into an Assignment of Ground Sublease dated
<br />September 1, 1974, from the Company to the City ( "the Assignment of Ground Sublease ") ;.
<br />and
<br />WHEREAS, it is necessary for'the City to approve the revised form of Lease,
<br />Sublease and Indenture dated September 1, 1974, in substantially the form herein pre-
<br />sented:
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
<br />Indiana, as follows:
<br />Section 1. There is hereby authorized the execution and delivery of the Indenture,
<br />the Lease and the Assignment of Ground Sublease, in substantially the form attached
<br />hereto as Exhibit A, B and C respectively, which instruments are hereby approved and
<br />incorporated by reference and made a part hereof.
<br />Section 2. The Sublease is hereby approved and incorporated by reference and
<br />made a part hereof in substantially the form attached hereto as Exhibit D.
<br />Section 3. The Series 1974 Bonds to be issued for the Project shall be dated
<br />September 1, 1974, as provided in the Indenture.
<br />Section 4. The provisions of this Resolution are hereby declared to be separable
<br />and if any section, phrase or provision shall for any reason be declared by a court of
<br />competent jurisdiction to be invalid or unenforceable, such declaration shall not effect
<br />the validity of the remainder of the sections, phrases and provisions.
<br />Section 5. All orders and resolutions and parts thereof in conflict herewith are
<br />to be the extent of such conflict hereby repealed, and this Resolution shall take effect
<br />and be in full force immediately upon its adoption and signing by the Mayor.
<br />s/ Peter J. Nemeth
<br />Member of the Common Council
<br />A public hearing was held on the resolution at this time. Councilman Parent made a motion to amen
<br />the resolution as presented to the City Clerk, seconded by Councilman Horvath. Council President
<br />Nemeth indicated that the Council had previously approved the project in the form of a resolution
<br />and ordinance; however, an additional change had been made regarding the land on which the buildi
<br />was located. He stated that the city would be given first title to the ground sublease.. The
<br />motion to amend carried. Councilman Miller then made a motion to adopt the resolution as amended,
<br />seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes
<br />(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
<br />ORDINANCES, FIRST READING
<br />ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
<br />PRACTICES AND DISCLOSURE WITHIN THE
<br />CITY OF SOUTH BEND.
<br />This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for
<br />public hearing and second reading on October 14, 1974, seconded by Councilman Parent. The motion
<br />carried.
<br />ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
<br />$19,869.57 FROM THE CUMULATIVE SEWER
<br />BUILDING AND SINKING FUND (Oak Park -
<br />Edison Road Sanitary Sewer Project).
<br />This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for
<br />public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion
<br />carried.
<br />ORDINANCE AN ORDINANCE APPROPRIATING $600.00
<br />FROM THE PARKING METER FUND TO ACCOUNT
<br />430.0, "REPAIR PARTS ", WITHIN THE
<br />PARKING METER DEPARTMENT, CITY OF
<br />SOUTH BEND, INDIANA.
<br />This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for
<br />public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion
<br />carried.
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