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IREGULXV. U \ • <br />u_ <br />(REGULAR MEETING - RECONVENED (CONTINUED) <br />WHEREAS, the Commission held a public hearing on the proposed financing of such <br />facilities on May 3, 1974, after giving the required notice as provided for in Section <br />17 of IC -1973, 18- 6 -4.5; and <br />WHEREAS, the Commission at such meeting by a duly adopted written resolution, <br />incorporated herein by reference, found that the proposed financing complies with the <br />purposes and provisions of the Act, and approved such financing, including but not limited <br />to the forms and terms of the financing agreement consisting of the Lease and Trust <br />Indenture and the Bonds; and <br />WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that <br />the proposed financing of such facilities for Industrial Packaging Corporation will be <br />of benefit to the health or welfare of the City of South Bend, Indiana, and that <br />accordingly, this resolution should be adopted. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana, that: <br />SECTION 1. Such financing for Industrial Packaging Corporation under the Act be <br />and the same is hereby approved. <br />SECTION 2. 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/ Peter J. Nemeth <br />Councilman <br />A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the <br />South Bend Development Commission, indicated that, on May,3, 1974, the commission met and approved <br />the resolution for the financing. He indicated that the new facility for Industrial Packaging <br />would be located on the north side of Edison Road and the east side of the By- Pass. He stated that <br />the company is moving from Mishawaka and expanding its facility. <br />Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. The <br />resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, <br />Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. <br />SOLUTION NO. 422 -74 <br />A RESOLUTION OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, <br />IN THE MATTER OF AMERICAN CHAIN & CABLE COMPANY, <br />INC. OF SOUTH BEND, INDIANA. <br />WHEREAS, the South Bend Development Commission has developed and filed with the <br />Area Planning Commission of St. Joseph County and also with the South Bend Community <br />School Corporation, being the school corporation with jurisdiction in the area, a <br />"Report of City of South Bend Economic Development Commission Making Certain Estimates ", <br />said report being with respect to the financing of certain economic development <br />facilities for American Chain & Cable Company, Inc. at 1217 Walnut Street, South <br />Bend, Indiana; and <br />WHEREAS, the Area Planning Commission and the South Bend Community School <br />Corporation have each filed written comments concerning said proposed plan and <br />approving the same; and <br />WHEREAS, the South Bend Development Commission has by resolution passed on <br />May 17, 1974, approved the form of the documents representing the financing, those <br />being the Lease Agreement Mortgage and Indenture of Trust, Guaranty Agreement, Under - <br />writing Agreement and Preliminary Official Statement, in their then present form and <br />subject to approval in their final form by the Development Commission and the Common <br />Council of the City of South Bend, said resolution and form of preliminary official <br />statement having been presented to the Common Council; and <br />WHEREAS, the Underwriter, Goldman, Sachs & Co., and the Company, American Chain <br />& Cable Company, Inc., desire to premarket the bonds in order to establish the interest <br />rates, maturities and redemption features for the bonds and were so authorized to do so <br />by the South Bend Development Commission by authorizing the distribution of the pre- <br />liminary official statement; <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana, that: <br />1. The action of the South Bend Development Commission in authorizing the <br />distribution of the preliminary official statement for purposes of premarketing the <br />bonds is hereby ratified and approved. <br />2. The financing of industrial facilities by the issuance and sale of revenue <br />bonds of the City of South Bend, and the lease of the industrial facilities to <br />American Chain & Cable Company, Inc. as tentatively approved by the South Bend <br />Development Commission in its resolution of May 17, 1974, will be of benefit to the <br />health or welfare of the City of South Bend. <br />3. This resolution shall be in full force and effect from and after its passage <br />and signing by the mayor. <br />s/ Roger 0. Parent <br />Councilman <br />public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the <br />outh Bend Development Commission, indicated that American Chain & Cable is a corporation out of <br />onnecticut, and the commission has met and approved a preliminary resolution to premarket the <br />onds in order to establish maturity rates, etc. He stated that it was anticipated that the final <br />