Loading...
HomeMy WebLinkAboutAuthorizing Sale of Bonds Improvement Morris Civic AuditoriumORDINANCE NO, 5342 -71 An Ordinance of the City of South Bend, Indiana authorizing the issuance and sale of bonds of said City in order to provide funds for the cost of the improvement of the City owned prop- erty known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds. WHEREAS, the Board of Public Works and Safety of the City of South Bend, Indiana has found that it would be for the best interests of said City and its citizens to provide funds for the cost of the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds; and has determined that the estimated cost of all of the foregoing will be in the approximate amount of One Million Six Hundred Thirty Thousand Dollars ($1, 630, 000); and WHEREAS, a petition has been filed under the provisions of The Indiana Code of 1971, Title 6, Article 1, Chapter 46, by more than fifty (50) owners of taxable real estate in the City of South Bend, Indiana requesting the Common Council to issue bonds in an amount not exceeding One Million Six Hundred Thirty Thousand Dollars ($1, 630, 000) for the purpose of procuring funds to be applied on the cost of the projects hereinbefore described; and WHEREAS, the Council now finds that the said acquisition, construction, equipping and improvements are necessary in order to protect the well -being and the property of its citizens and will be of general benefit to the entire City; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That the City of South Bend (hereinafter sometimes referred to as the "City "), by and through its Board of Public Works and Safety, take steps for the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any neces- sary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent - 2 - of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstract- ing, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds, as recommended by the Board of Public Works and Safety. Section 2. For the purpose of providing funds with which to pay the cost of said projects and the engineering, architectural, appraisal, abstracting, title insurance and legal fees and expenses incidental thereto and the expenses and legal fees incidental to the issuance of said bonds, the City shall make a loan in the amount of One Million Six Hundred Thirty Thousand Dollars ($1, 630, 000). In order to procure said loan, the City Controller is hereby authorized and directed to have prepared and to issue and sell the negotiable general obligation bonds of the City, to be designated as "Municipal Bonds of 1971 ", in the aggregate principal amount of One Million Six Hundred Thirty Thousand Dollars ($1, 630, 000), which bonds shall be issued in the denomination of Five Thousand Dollars ($5, 000), shall be numbered consecutively from 1 to 326 inclusive, shall be dated as of the first day of the month in which said bonds are sold, and shall bear interest at a rate or rates not exceeding six and one -half per cent (6210) per annum (the exact rate or rates to be determined by bidding), which interest shall be payable on June 1, 1972, and semi - annually thereafter on December 1, and June 1, of each year, and shall be evidenced by coupons attached to said bonds. Both bonds and interest coupons shall be payable at the First Bank and Trust Company of South Bend, South Bend, Indiana, in lawful money of the United States of America. The bonds shall mature ser- ially in the amounts and on the dates as follows: - 3 - $ 40,000 on June 1, 1972 $ 40,000 on December 1, 1972 $ 55,000 on June 1, 1973 $ 55,000 on December 1, 1973 $ 60,000 on June 1, 1974 $ 60,000 on December 1, 1974 $ 65,000 on June 1, 1975 $ 65,000 on December 1, 1975 $ 75,000 on June 1, 1976 $ 75,000 on December 1, 1976 $ 85,000 on June 1, 1977 $ 85,000 on December 1, 1977 $ 95,000 on June 1, 1978 $ 95,000 on December 1, 1978 $105,000 on June 1, 1979 $105,000 on December 1, 1979 $115.000 on June 1, 1980 $115,000 on December 1, 1980 $120,000 on June 1, 1981 $120,000 on December 1, 1981 Said bonds shall be executed in the name of the City of South Bend, Indiana, by the facsimile signature of the Mayor, countersigned by the facsimile signature of the City Controller, and attested by the City Cleik who shall affix the seal of the City to each of said bonds. The interest coupons attached to said bond shall be executed with the facsimile signatures of the Mayor and the City Controller, and said officials, by the execution of said bonds, shall adopt as and for their own proper signatures their facsimile signatures appearing on said coupons. Said bonds shall, in the hands of bona fide holders, have all of the qualities of negotiable instruments under the laws of the State of Indiana. Section 3. The form and tenor of said bonds and the interest coupons to be attached thereto shall be substantially as follows, to -wit: - 4 - UNITED STATES OF AMERICA State of Indiana County of St. Joseph No. $5,000 CITY OF SOUTH BEND MUNICIPAL BOND OF 1971 The City of South Bend, County of St. Joseph, Indiana, for value received, hereby acknowledges itself indebted and promises to pay to the bearer hereof the principal amount of FIVE THOUSAND DOLLARS on the first day of , 19 , and to pay interest thereon from the date hereof until the principal is paid, at the rate of per cent ( %) per annum, payable on the first day of June, 1972, and semi - annually thereafter on the first days of December and June, in each year, upon presen- tation and surrender of the annexed coupons as they severally become due. Both principal and interest of this bond are payable in lawful money of the United States of America at the First Bank and Trust Company of South Bend, South Bend, Indiana. This bond is one of an authorized issue of three hundred twenty -six (326) bonds of the City of South Bend, Indiana, of like date, denomination, tenor and effect, except as to rates of interest and dates of maturity, aggregating One Million Six Hundred Thirty Thousand Dollars ($1, 630, 000), numbered con- secutively from 1 to 326, inclusive, issued pursuant to an ordinance adopted by the Common Council of said City on the day of 19 , entitled "An Ordinance of the City of South Bend, Indiana authorizing the issuance and sale of bonds of said City in order to provide funds for the cost of the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architec- tural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds ", and The Indiana Code of 1971, Title 18, Article 1, Chapter 4; and Title 18, Article 1, Chapter 1. 5. It is hereby certified and recited that all acts, conditions, and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided bylaw, that this bond and said total issue of bonds is within every limit of - 5 - indebtedness prescribed by the constitution and laws of the State of Indiana, and that the full faith and credit of the City of South Bend, together with all of its taxable property, both real and personal, are hereby irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms. IN WITNESS WHEREOF, the City of South Bend, St, Joseph County, Indiana, by ordinance of its Common Council has caused this bond to be executed in its corporate name by the facsimile signature of its Mayor, countersigned by the facsimile signature of its City Controller, its corporate seal to be hereunto affixed and attested by its City Clerk, and the interest coupons hereto attached to be executed by placing thereon the facsimile signa- tures of said Mayor and City Controller as of the first day of 19 . ATTEST: Clerk Coupon No, THE CITY OF SOUTH BEND, INDIANA By (Facsimile) Mayor Countersigned: (Interest Coupon) (Facsimile) City Controller On 19 , the City of South Bend, Indiana, will pay to bearer at the First Bank and Trust Company of South Bend, South Bend, Indiana, Dollars in lawful money of the United States of America, being the interest then due on its Municipal Bond of 1971 dated , 19 . THE CITY OF SOUTH BEND, INDIANA City Controller (Facsimile) By (Facsimile) Section 4. As soon as can be done after the passage of this ordinance, the City Clerk shall give notice of the filing of the petition for the issuance of and the determination to issue bonds. Said notice shall be published once each week for two (2) weeks in the South Bend Tribune and the Tri- County News, the same being newspapers published in the City of South Bend, Indiana and rep- resenting the two (2) leading political parties, and copies of said notice shall also be posted in three (3) public places in the City, as provided by I C 1971, 6- 1 -46 -7 and I C 1971, 6- 1 -1 -25. Said bonds shall not be advertised for sale prior to the expiration of the Period during which taxpayers may file remonstrances or objecting petitions to the issuance of said bonds. In the event a remonstrance shall be filed by the owners of taxable real estate under the provisions of C 1971, 6- 1 -46 -7, then no further steps towards the issuance of said bonds shall be taken unless and until the Common Council shall have determined that such remonstrance is insufficient. In the event an objecting petition or petitions are filed by taxpayers under the provisions of I C 1971, 6- 1 -1 -25, then no further steps towards the issuance of said bonds shall be taken unless and until the State Board of Tax Commissioners shall issue its order approving the issuance of said bonds. In the event it shall be determined by the State Board of Tax Commissioners, or otherwise, that the whole amount ofthe bonds herein authorized shall not be issued, then the City Controller shall be authorized to advertise and sell a lesser amount of bonds, and the bonds not issued and sold shall be the bonds of the longest maturity or maturities. Section 5. Prior to the sale of said bonds the City Controller shall cause to be published a notice of such sale once each week for two (2) weeks in the said South Bend Tribune and the Tri- County News. Prior to the sale of said bonds the City Controller shall also cause to be published a notice of such sale once each - 7 - week for two (2) weeks in The Indianapolis Commercial. Said notice, or a summary thereof, in the discretion of the City Controller, may also be pub- lished in the Bond Buyer, New York, New York. The date fixed for the sale shall not be earlier than seven (7) days after the last of said publications. Said bond sale notice shall state the time and place of sale, the purpose for which the bonds are being issued, the total amount thereof, the maximum rate of interest thereon, the time and place of payment, the terms and conditions on which bids will be received and the sale made, and such other information as the City Controller shall deem necessary. All bids for said bonds shall be sealed and shall be presented to the City Controller at his office, and said Controller shall continue to receive all bids offered until the hour named on the day fixed in the bond sale notice, at which time and place he shall open and consider said bids. Bidders for said bonds shall be required to name the rate or rates of interest which the bonds are to bear, not exceeding six and one -half per cent (62 %) per annum, and such interest rate or rates shall be in multiples of one - eighth (1 /8th) or one -tenth (1 /10th) of one per cent (1 %), and not more than three different interest rates shall be named by each bidder. The Controller shall award the bonds to the highest responsible and qualified bidder. The highest bidder shall be the one who offers the lowest net interest cost to the City, computing the total interest on all of the bonds to their maturities and deducting therefrom the premium bid, if any. No bid for less than the par value of said bonds, including accrued interest at the rate or rates named to the date of delivery, shall be considered. The Controller shall have full right to reject any and all bids. In the event no acceptable bid is received at the time fixed in said notice for the sale of said bonds, the Controller shall be authorized to continue to receive bids from day to day thereafter for a period of not to exceed thirty (30) days, without readvertising, but during such continuation no bid shall be accepted which is lower than the highest bid received at the time fixed for such sale in the bond sale notice. Prior to the delivery of said bonds the City Controller shall be author- ized to obtain a legal opinion as to the validity of said bonds from Ice Miller Donadio & Ryan, bond counsel of Indianapolis, Indiana, and to furnish such opinion to the purchaser of said bonds. The cost of said opinion shall be considered a part of the cost of said projects, and shall be paid out of the proceeds of said bonds. Section 6. The City Controller is hereby authorized and directed to have said bonds and coupons prepared, and the Mayor, City Controller and City Clerk are hereby authorized and directed to execute said bonds and the interest coupons to be attached thereto in the form and manner herein provided. After said bonds have been properly executed the City Controller shall deliver the same to the City Treasurer, and shall take his receipt therefor, and upon the consummation of the sale of said bonds the City Controller shall then certify to the City Treasurer the amount which the purchaser is to pay for the same; thereupon, the City Treasurer shall be authorized to receive from the pur- chaser the amount so certified by the Controller and to deliver the bonds to such purchaser. Section 7. This ordinance shall be in full force and effect immediately upon its passage and signing by the Mayor. lam' Lo iCouncil FILED IN CLERK'S OFFICE 1st & 2nd READING 9 -27 -71 OCT B1971 COMMITTEE OF THE WHOLE PUBLIC HEARING 10 -11 -71 - 9 - 3rd READING 10 -11 -71 KATHRYN L. BLOUGH NOT APPROVED CITY CLERK, SOUTH BEND, IND. REFERRED PASSED 10 -11 -71 Passed and adopted by the Common Council of the City of South Bend, on the 11th day of October , 1971. n, Preside ATTEST: Kathryn ghity Clerk Q Presented by me to the Mayor of the City of South Bend on the 13th day of October 1971, at the hour of 2 P , m. a y Clem his ordinance approved and signed by me on the ,%jay of 1971, at the hour of I, the undersigned, Kathryn L. Blough, the duly elected and acting Clerk of the Municipal City of South Bend, Indiana, do hereby certify that the above and foregoing instrument is a true, accurate and complete copy of a Bond Ordinance of said pity which was passed by the South Bend Common Council on the day of 1971, and which was presented by me to the Mayor on the daffy of 1971, and was by him approved on the day of 1971. I further certify that said ordinance is in full force and effect and has not been amended or repealed. Kathry . Bough, " ity Cle i Dated this 1-5tL day ofg—d �ye , 1971, - 10 -