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REGULAR MEETING FEBRUARY 12, 1971 <br />IIREGULAR MEETING — RECONVENED (CONTINUED) <br />seconded by <br />Szymkowiak, <br />(Councilman <br />Councilman Parent. The ordinance passed by a roll call vote of eight ayes (Councilmen <br />Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent <br />Serge) . <br />IIORDINANCE NO. 5486 -73 <br />AN ORDINANCE AUTHORIZING THE TRANSFER OF <br />$7,116.81 FROM THE MUNICIPAL BONDS OF 1962 <br />FUND TO THE GENERAL SINKING FUND OF THE CITY <br />OF SOUTH BEND, INDIANA. <br />This ordinance had second reading. Councilman Parent made a motion that the <br />seconded by Councilman Kopczynski. The ordinance passed by a roll call vote <br />(Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn <br />absent (Councilman Serge). <br />II ORDINANCE <br />AN ORDINANCE AUTHORIZING THE EXECUTION OF A <br />LEASE AND TRUST INDENTURE AND ECONOMIC <br />DEVELOPMENT REVENUE BONDS AND THE FORM AND <br />TERMS OF THE LEASE AND TRUST INDENTURE AND <br />BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT <br />REVENUE BONDS PERTAINING TO K & F MANUFACTURING <br />COMPANY, AN INDIANA PARTNERSHIP. <br />ordinance pass, <br />of eight ayes <br />and Nemeth), and one <br />This ordinance had second reading. Councilman Parent made a motion that the ordinance be con- <br />tinued to February 26, 1973, seconded by Councilman Taylor. The motion carried. <br />RESOLUTIONS <br />RESOLUTION NO. 349 -73 <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, IN THE MATTER OF <br />EDMUND J. LUTHER BEVERAGES, INC., OF SOUTH <br />BEND, INDIANA. <br />WHEREAS, Edmund J. Luther Beverages, Inc., has submitted its intention to <br />the Economic Development Commission of South Bend, to construct an addition adjacent <br />to existing facilities located at 112 North Niles Avenue, South Bend, Indiana. <br />WHEREAS, the Economic Development Commission, pursuant to the Statute, has <br />found by written resolution that there exists insufficient employment opportunities <br />and that the economic welfare of the City of South Bend, Indiana, would be benefited <br />and the purpose of the statute would be accomplished by the acquisition and leasing <br />of the above described property to Edmund J. Luther Beverages, Inc., and <br />WHEREAS, Edmund J. Luther Beverages, Inc., has submitted a statement of <br />public service to the above Economic Development Commission of the City of South <br />Bend, and said Commission has forwarded this statement of public service with their <br />approval and comments to the South Bend School Corporation, a copy of which is <br />attached, and <br />WHEREAS, the affirmative response and analysis of the South Bend School <br />Corporation has been received as presented to the Clerk of the City of South Bend, <br />and attached, and <br />WHEREAS, the statement of public service by Edmund J. Luther Beverages, Inc., <br />and the Economic Development Commission of the City of South Bend have been submitted <br />for approval and comments to the Area Plan Commission of St. Joseph County and the <br />affirmative action and comments of the Area Plan Commission have been received by <br />the Clerk of the City of South Bend, as attached, and <br />WHEREAS, the requirements of the application as described in the "Municipal <br />Economic Development Act of 1965 of the State of Indiana" as amended, have therefore <br />been met to this point, including a projection of the number of jobs created, the <br />estimated payroll created and the approximation of the costs of the land and con- <br />struction, and the impact on utilities and fire and police facilities of the City of <br />South Bend with the approvals of the school corporation and the Area Plan Commission <br />have jurisdiction of the area in which the proposed facility is to be built, and <br />WHEREAS, Edmund J. Luther Beverages, Inc., seeks approximately $100,000.00 from <br />an issue of revenue bonds of the Economic Development Commission of the City of South <br />Bend to be signed by its Mayor and by its City Clerk and further desires to enter into <br />a lease of not to exceed 15 years duration to be known as a net net net lease sufficient <br />to pay the principal and interest of these bonds and obtain title at the end of the <br />lease, and <br />WHEREAS, by virtue of the net net net lease, the Edmund J. Luther Beverages, Inc., <br />indicates its intention to pay all expenses of the operation, maintenance, insurance, <br />property taxes, whatever of the facility. <br />THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, <br />that the resolution and findings of the Economic Development Commission pertaining to <br />this project be approved and incorporated in this resolution, and <br />THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, <br />that the statement of public service on the part of the Economic Development Commission, <br />of the Area Plan Commission and of the South Bend School Corporation be accepted and <br />approved, and <br />THEREFORE, be it resolved that the South Bend Common Council authorize the <br />Economic Development Commission of the City of South Bend to proceed to make preliminary <br />agreements with the proposed lessee, Edmund J. Luther Beverages, Inc., in the nature of a <br />conditional commitment to enter into a lease with Edmund J. Luther Beverages, Inc., and <br />