HomeMy WebLinkAboutApproving the Sale of Bonds of the Park DistrictORDINANCE No. 7038 -82
Passed by the Common Council of the City of South Bend, Indiana
March 15, �9 82
IRENE K. GAMMON
Clerk
Attest:_ v President of Common Council
Presented by me to the Mayor of the City of South Bend,
March 16 19 82
/f
Approved and signed by
IRENE K. GAMMON
Z
Clerk
ORDINANCE NO. 70
AN ORDINANCE. OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE SALE OF BONDS OF THE PARK DISTRICT
OF THE CITY OF SOUTH BEND, INDIANA
WHEREAS, the Board of Park Commissioners of the Park District of
the City of South Bend, Indiana, has determined and found that it
will be of public utility and benefit and for the best interests of
the citizens and property in the Park District of the City of South
Bend to provide for various improvements, works of construction and
property acquisition in an amount not exceeding Five Million Eight
Hundred Thousand Dollars ($5,800,000.00); and
WHEREAS, a Petition has been filed under the provisions of I.C.
6- 1.1 -20 -3 by five thousand two hundred and eighty -nine (5,289)
owners of taxable real estate located within the Park District of the
City of South Bend, Indiana, requesting said Board of Park
Commissioners to issue bonds in an amount not exceeding Five Million
Eight Hundred Thousand Dollars ($5,800,000.00) for the purpose of
providing funds to be applied on the costs of said improvements,
works of construction and property acquisition, which Petition said
Board of Park Commissioners found to be sufficient under the
provisions of said statute; and
WHEREAS, said Board of Park Commissioners by a Preliminary Bond
Resolution passed on the 16th day of November, 1981, determined to
proceed with a portion of the improvements and works of construction
described in said Petition, those improvements and works of con-
struction being construction and site development of a water related
raceway (East Raceway) and the construction of a walkway with
lighting beneath the west end of the Jefferson Street bridge and a
walkway with lighting in Plaza Park and Howard Park, the estimated
cost of said improvements and works of construction and the
incidental expenses necessary to be incurred in connection with the
projects and the issuance of bonds including architect and
engineering fees and the cost of the sale of the bonds which is in the
approximate amount of Two Million Nine Hundred Thousand Dollars
($2,900,000.00); and
WHEREAS, said Board of Park Commissioners additionally
determined by said Preliminary Bond Resolution passed the 16th day of
November, 1981, to proceed with a portion of the property acquisition
described in said Petition, the property acquisition being the
purchase of the parcel of property described in the Confirming
Resolution passed by said Board of Park Commissioners on the 30th day
of December, 1980 as "Parcel IV - East Race" which purchase of land
is necessary for the construction and site development of a water
related raceway (East Raceway), the estimated cost of said purchase
and the incidental expenses necessary to be incurred in connection
with said purchase or acquisition and the issuance of bonds including
architect and engineering fees and the cost of the sale of bonds,
which is in the approximate amount of Six Hundred Thousand Dollars
($600,000.00); and
WHEREAS, after the adoption of said Preliminary Bond Resolution
on the 16th day of November, 1981, the Secretary of the Board of Park
Commissioners gave Notice of Petition for and Determination to Issue
Bonds, Notice of Determination to Issue Bonds and Notice of Proposed
Additional Appropriation all as provided by Indiana law; and
WHEREAS, said Board of Park Commissioners received a petition
signed by three thousand five hundred and seventy -eight (3,578)
owners of taxable real estate located within the Park District of
the City of South Bend requesting said board not to issue bonds for
the purpose of procurring funds to be applied on the cost of the
improvements and works of construction and property acquisition on
which said Board determined to proceed as described above; and
WHEREAS, said Board of Park Commissioners determined by
resolution passed on the 26th day of February, 1982, that
the petition requesting that bonds not be issued was insufficient;
and
WHEREAS, said Board of Park Commissioners determined by Final Bond
Resolution passed on the 26th day of February, 1982, to make a loan in
the amount of Three Million Five Hundred Thousand Dollars
($3,500,000.00) for the purpose of providing funds with which to pay
the costs of said improvements and works of construction and
acquisition of property and the incidental expenses necessary to be
incurred in connection with said projects and purchases and the
issuance of bonds including architect and engineering fees and the cost
of the sale of bonds; and
WHEREAS, in order to procure said loan, said Board of Park
Commissioners of the Park District of the City of South Bend determined
by said Final Bond Resolution, pursuant to I.C. 36 -10 -4, that the bonds
of the Park District of said City of South Bend shall be issued in the
name of the City of South Bend in the amount of Three Million Five
Hundred Thousand Dollars ($3,500,000.00) and designated as "Park
District Bonds of 1982" which bonds shall be issued in the denomination
of Five Thousand Dollars ($5,000.00) in not less than ten (10)
substantially equal series, and shall be payable one (1) series each
year, beginning on January 1st of the second year following the date of
issue, and shall bear interest at a rate not exceeding fifteen per cent
(15 %) (the exact rate or rates to be determined by bidding), and the
interest payable semi - annually; and
WHEREAS, by said Final Bond Resolution passed on the 26th day of
February, 1982, the Board of Park Commissioners of the City of South
Bend authorized and directed the City Controller to have prepared and
to issue and sell said bonds as hereinabove described; and
WHEREAS, the Council now finds that said improvements, works of
construction and acquisition of property are necessary and will be of
general benefit to the City, its citizens and the Park District of
the City of South Bend;
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND:
SECTION 1. That the Board of Park Commisioners of the Park
District of the City of South Bend is hereby authorized to issue the
bonds of said Park District in the name of the City of South Bend in
the amount of Three Million Five Hundred Thousand Dollars
($3,500,000.00) for the purpose of providing funds with which to pay
the costs of the construction and site development of a water related
raceway (East Raceway) and construction of a walkway with lighting
beneath the west end of the Jefferson Street bridge and a walkway with
lighting in Plaza Park and Howard Park and all equipment, appurtenances
and incidentals relative thereto and the purchase of land for the
construction of a water related raceway, (East Raceway) and the
incidental expenses necessary to be incurred in connection with said
projects and purchases and the issuance of bonds including architect
and engineering fees and the cost of the sale of bonds, all in
accordance with Resolution No. 1 -1982 authorizing such bonds adopted by
the Board of Park Commissioners of the Park District of the City of
South Bend on February 26, 1982.
SECTION 2. This ordinance shall be in full force and effect
immediately upon its passage and signing by the Mayor.
I•JOT APPROVED
FILED IN CLERK'S OFFICE
FEB 21 1982
REFERRED
PASSED 3- /S..$'Z Irene Gammon -2
CITY CLERK, SO= BEND, IND.
Richard L. Hill
City Attorney
Robert M. Parker
Chief Deputy
Thomas L. Bodnar
Gregory D. Loughridge
James A. Masters
Carolyn V. Pfotenhauer
Robert C. Rosenfeld
Eugenia S. Schwartz
Kathleen E. Skiba
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY-CITY BUILDING
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County -City Building, 4th Floor
South Bend, Indiana 46601
Dear Members of the Council:
SOUTH BEND, INDIANA 46601
February 26, 1982
2191284 -9241
Attached is an ordinance approving the appropriation of the proceeds
of the Park District Bonds. As you know, bond proceeds will be
utilized for the construction and property acquisition needed for
the East Race Project.
Upon passage of this ordinance, the proposed additional appropriation
will be submitted to the State Board of Tax Commissioners for their
approval.
Your favorable consideration of this ordinance is requested.
Sinc rely,
ichard L. Hill
City Attorney
RLH /smp
Enc.
TomrAturr Irpnrt
On the fdnuunun Clounrtl of the (ft of £►nuth fktuL
Your Committee
to whom was referred
BILL NO.
22 -82 A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE
OF BONDS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
.... •.... CO.