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HomeMy WebLinkAboutNo. 0049 sale, issuance, delivery of preliminary loan notes in aggregate principal amount of $1,375,000, execution of requisition agreement No. 2, execution/delivery of project temp. loan note No. 3 in connection with Project No. IND R-7RE OF OF 2, ►LUTION #49 AUTHORIZING THE SALE, ISSUANCE, AND DELIVERY IRELIMINARY LOAN NOTES IN THE AGGREGATE PRINCIPAL AMOUNT ;1,375,000.00, THE EXECUTION OF REQUISITION AGREEMENT NO. ►ND THE EXECUTION AND DELIVERY OF PROJECT TEMPORARY LOAN NO. 3, IN CONNECTION WITH PROJECT NO. IND. R -7. WHEREAS, the City of South Bend, Department of Redevelop - men (herein called the "Local Public Agency ") has entered into a contract dated as of the 17th day of August, 1960, numbered Contract No. Ind. R- 7(LG), (which, together with any supple- ments thereto or amendments, modifications, or waivers of any provisions thereof, is herein called the "Loan and Grant Contract"), with the United States of America (herein called the "Government ") acting by and through the Housing and Home Finance Administrator, providing, in part, for a Project Temporary Loan by the Government to the Local Public Agency under Title I of the Housing Act of 1949 (Public Law 171 - 81st Congress, approved July 15, 1949), as amended, in an amount outstanding at any one time not to exceed $2,527,500.00 to aid the Local Public Agency in its undertaking and carrying out of a certain slum clearance and urban redevelopment project (herein called the "Pr ject ") designated Project No. Ind. R -7, which is more fully ide tified in the Loan and Grant Contract; and WHEREAS, the Government has agreed, pursuant to Requisition Agreement No. 1 with the Local Public Agency dated as of the 20th day of February, 1962 (herein called the "Outstanding Requisition Agreement"), to make a payment on account of said Project Tempor- ary Loan on the 24th day of August, 1962, which Project Tempor- ary Loan payment has been pledged for the payment of the principal of and interest upon Preliminary Loan Notes (First Series A) of the Local Public Agency which mature on the 24th day of August, 1962, and are herein called the "Outstanding_ Preliminary Loan Not s "; and WHEREAS, pursuant to advertisement for the receipt of pro- posals for the purchase of the Second Series A of Preliminary Loan Notes (herein sometimes called "New Preliminary Loan Notes ") of the Local Public Agency aggregating $1,375,000.00, which appeared in a Notice of Sale published in the July 10, 1962 issue of the Daily Bond Buyer in the City of New York, proposals for the purchase of said New Preliminary Loan Notes in the form approved by the Local Public Agency were received, opened, and can assed at the time and place mentioned in said advertisement, to it: At 129 West Colfax Avenue in the City of South Bend, Indiana, at 1:00 o'clock, P.M., E.D.S.T,, July 24, 1962, which proposals are as follows; Interest Principal Nam of Bidder Rate Amount Premium Chemical Bank New York Trust Co. 1.92% $1,375,000 $25.00 New York 15, New York Morgan Guaranty Trust Co. of N. Y. 1.8W. $1,375,000 $26.00 New York 15, New York Continental Illinois National Bank 1.79•% $1,375,000 •0- & Trust Co. of Chicago Chicago 90, Illinois Sal Mon Bros. & Hutzler 1.76° $1,375,000 $37.00 New York 5, New York Resolution No. 49 2. and can cha Gra wit Pre WHEREAS, the interest cost at which the Local Public Agency sell the New Preliminary Loan Notes is substantially lower i the interest rate which the Government is required to 7ge the Local Public Agency under the terms of the Loan and it Contract, and the Government is desirous of cooperating i the Local Public Agency in its endeavor to sell said New Liminary Loan Notes in order to reduce carrying charges and :r costs of the Project: BE IT RESOLVED BY The City of South Bend Redevelopment fission AS FOLLOWS: Section 1. The aforesaid publication of the Notice of Sale and the form and contents thereof as so published are hereby, in all respects, approved, ratified and confirmed. Section 2. In order to provide funds to defray expenses incurred or to be incurred in the Local Public Agency's under- taking and carrying out of the Project, or to retire, refund, renew, or extend its outstanding notes issued in connection therewith, the Local Public Agency hereby determines to borrow the sum of One Million Three Hundred Seventy Five Thousand Dollars ($1,375,000.00) and issue its negotiable New Preliminary Loan Notes therefor in aggregate principal amount equal to said sum. Section 3. The Local Public Agency hereby ratifies and approves the form of the proposal hereinafter in this Section 3 enumerated, for the purchase of the designated principal amount of the New Preliminary Loan Notes, which proposal the Local Public Agency hereby determines will provide the lowest interest cost and is therefore hereby accepted, and said New Preliminary Loan Notes are hereby awarded to said purchaser, as follows: Pri cipal Ambunt Interest Rate Purchaser $1,375,000 1076/. Salomon Bros. & Hutzler 60 Wall Street New York 5, New York Section 4. Each such note shall be dated the 21st day of August, 1962; shall be designated "Preliminary Loan Note "; shall be payable, as to both principal and interest, to bearer on the 23rd day of August, 1963; and, pursuant to the proposal for the purchase of said notes, hereinabove accepted, shall bear the rate of interest per annum, payable at maturity, shall bear the numbers, be in the denominations, and be payable as to both principal and interest at the bank or trust company, as follows: Denomi- Interest Purchaser Number nations Rate Payable at Salomon Bros. & Hutzler 1 -6 $100,000 1.76/ The Chase Man - 60 Wall Street 7 -15 50,000 hattan Bank Neu-York 5, New York 16 -23 25,000 1 Chase Manhattan 24 -33 10,000 Plaza 34 -38 51000 New York 15, N.Y. Resolution No. 49 3. None of the New Preliminary Loan Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each such note, to act as paying agent thereof. Each of the New Preliminary Loan Notes shall be signed in the name of the Local Public Agency by the Mayor of the City of South Bend and shall have the corporate seal of said City impressed thereon and attested by the Clerk of the City of South Bend thereof, and said officers are hereby authorized and directed to cause said notes to be properly executed. Section 5. Each of the New Preliminary Loan Notes shall be issued in substantially the form of the note hereto attached and marked "Exhibit A." No. whi and and the the to the the are Pro Mil des pr No th du Sa sh 19 M on Section 6. The Agreement entitled "Requisition Agreement 2" (herein sometimes called the "New Requisition Agreement "), ::h has been executed by the officers of the Local Public acy, and has been presented to and read before the meeting, the execution thereof, are hereby fully ratified, confirmed, approved. Said New Requisition Agreement, when executed by Government, is hereby declared to be and is hereby assigned he Local Public Agency for the benefit of the holder or tiers from time to time of the New Preliminary Loan Notes, and proceeds of the Project Temporary Loan Note executed pursuant Section 7 hereof are hereby irrevocably pledged, first, to payment, at maturity, of the principal of and interest on New Preliminary Loan Notes issued pursuant to this Resolution. Section 7. The Mayor and Clerk of the City of South Bend hereby authorized and directed to prepare and execute the ject Temporary Loan Note, in the principal amount of One Lion Four Hundred Thirty Nine Thousand Dollars ($1,439,000.00), gibed in the New Requisition Agreement, the issuance of which heretofore been authorized by a certain basic Note Resolution tiding for the issuance of certain Project Temporary Loan �s in connection with Project No. Ind. R -7 and providing for security for the payment thereof, and for other purposes, r adopted by the Local Public Agency on the 4th day of .ist, 1960. note shall be designated "Project Temporary Loan Note "; 1 be numbered No. 3; shall be dated the 21st day of August, s shall bear interest from the date of the acceptance of Local Public Agency's delivery thereof and the payment efor by the Government, shall bear a statement at the foot eof in substantially the following forms livery of this note was accepted and payment therefor made the day of It 196 UNITED STATES OF AMERICA Housing and Home Finance Administrator By. Resolution No. 49 M and shall not be valid until said statement is duly executed on 'behalf of the Government. Said Project Temporary Loan Note shall be delivered by the Treasurer of St. Joseph County ex officio Treasurer of the City of South Bend to the Government to be held and paid for by the Government in accordance with the terms and conditions contained in said New Requisition Agreement. Pre app sha cee Section. The proceeds derived from the sale: of the New Liminary Loan Notes, together with such amount of other ropriate funds of the Local Public Agency as may be necessary, 11 be applied, simultaneously with the receipt of said pro - Is. as follows: First: To the payment and discharge of the principal of and interest on the following Project Temporary Loan Noes of the Local Public Agency issued pursuant to the Loan and Grant Contract and held or to be held by the Government for its own use and benefit on the date of the New Preliminary Loan Notes herein authorized: Principal No. Date Amount None Second: Pursuant to the provisions of the Outstanding Requisition Agreement, the following amount shall be paid to the paying agent named below, for the sole and only purpose of paying the principal of and interest to maturity upon the designated Series of Outstanding Preliminary Loan Notes of the Local Public Agency: t Paving Agent Series $II16,323.05 Chemical Bank New York First Series A Trust Company 20 Pine Street New York 15, New York AnI, balance of such proceeds shall be deposited in the appro- priate account or fund established pursuant to the Loan and Grant Contract and shall be used only in accordance with the Dr visions of the Loan and Grant Contract. , le (1 de (2 on Section 9. The Treasurer of St. Joseph County ex officio :asurer oF the City of South Bend is hereby authorized and .-ected to send immediately a letter to each paying agent for New Preliminary Loan Notes in substantially the form of the :ter hereto attached and marked "Exhibit B" and to transmit: the New Preliminary Loan Hotes to said paying agent for _ivery and payment in accordance with the terms of said letter; None of funds of the Local Public Agency -to the Administra- Housing and Home Finance Agency, to he applied against the anent of the principal of and interest to the date of payment the Project Temporary Loan Notes described in Section E ution No. 49 50 he eof; and (3) funds of the Local Public Agency to the paying agent of the designated Series of Outstanding Preliminary Loan Notes, to be applied against the payment of the principal of ane interest to maturity on such Series of Outstanding Prelimin- ary Loan Notes, as follows: $1�9, 90!•000 Paying Age=nt Series Chemical Bank New York Trust First Series A Company 20 Pine Street New York 15, New York Ad pted at the regular meeting of the South Bend Redevelopment Con ission held on August 2, 1962, at the Office of the Com- mi sion, 129 West Colfax Avenue, South Bend, Indiana ATTEST: 0 Jars Louis, President uth .Bend Redevelopment Cor��rniss Lon