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HomeMy WebLinkAboutAuthorizing the Issuance and Sale of Bonds for Cost of Construction of Storm, Sanitary & other Sewers to maple Road for the Northwest Industrial Development AreaORDINANCE No. 4409 - - -61 Passed by the Common Council of the City of South Bend, NOVEMBER 13, 1„61 Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 14, __ 61 Clerk Approved and signed by me_ November 14, �9 61 IDEAL 00JEWD PRESS O R D I N A N C E N 0. TAD/ —le/ An ordinance to amend Section 2 and Section 3 of Ordinance No. 4407 -61 of the City of South Bend, Indiana, authorizing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of the construction of storm, sanitary and other sewers to Maple Road for the Northwest Industrial Development area, as well as in the area of LaFayette Boulevard and Iroquois Avenue located North of the St. Joseph River and in the Chippewa Avenue and Ireland Road areas; also, for the acquiring.of lands and rights -of -way for a new Sample Street bridge and for making major thorough- fare improvements and acquiring of rights -of -way therefor, together with the incidental expenses to be incurred in connection therewith, which Ordinance was adopted by the South Bend Common Council on October 9, 1961, and approved by the Mayor on October 10, 1961, which amendments provide for a change in the maturities of said bond. WHEREAS, the Common Council did heretofore adopt Ordinance No. 4407 -61 providing for the issuance and sale of bonds in the amount of One Million, One Hundred Thousand Dollars ($1,100,000); and WHEREAS, the Common Council now finds that the maturities of said bonds as fixed in said ordinance should be amended; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That Section 2 of the above entitled Ordinance be and the same is hereby amended to read as follows: "Section 2. For the purpose of providing funds with which to pay the cost of said projects and the incidental expenses necessary to be incurred in connection therewith, the City shall make a loan in the amount of One Million, One Hundred Thousand Dollars ($10100,000). 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 obliga- tions bonds of the City, to be designated as "Municipal Bonds -1- of 1961,„ in the aggregate principal amount of One Million, One Hundred Thousand Dollars ($1,100,000), which bonds shall be issued in the denomination of One Thousand Dollars ($1,000), shall be numbered consecutively from 1 to 1100 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 not exceeding four per cent per annum (the exact rate to be determined by bidding) which interest shall be payable on June 1, 1962., 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 St. Joseph Bank and Trust Company, South Bend, Indiana, in lawful money of the United States of America. The bonds shall mature serially in the amounts and on the dates as follows; 025,000 $25,000 75,000 75,000 050,000 50,000 175,000 $75,000 $200,000 $200,000 $125,000 $125,000 on on on on on on on on on on on on June 1, 1963; December 10 1963; June 1, 1964; December 1, 1964; June 1, 1965; December 1, 1965; June 1, 1966; December 1, 1966; June 1, 1967; December 1, 1967; June 1, 1968; December 1, 1968. "Said bonds shall be signed in the name of The City of South Bend by the Mayor, countersigned by the City Controller, and attested by the City Clerk who shall affix the seal of the City to each of said bonds. The interest coupons attached to said bonds shall be executed with the facsimile signature of the City Controller, and said official, by the countersigning -2- of said bonds, shall adopt as and for his own proper signature his facsimile signature appearing on said coupons;. Said bonds shall, in the hands of bona fide holders, have all of the qualities of negotiable instruments under the law merchant." Section 2. That Section 3 of the above entitled Ordinance be and the same is hereby amended to read as follows: "Section 3. The form and tenor of said bonds and the interest coupons to be attachedthereto shall be substantially as follows, to -wit: UNITED STATES OF AMERICA State of Indiana County of St. Joseph No. $1,000 CITY OF SOUTH BEND MUNICIPAL BOND OF 1961 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 ONE THOUSAND DOERS: 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 f rst day of June, 19 2, and semi- annually thereafter on the first days of December and June in each year, upon presentation 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 St. Joseph Bank and Trust Company, South Bend, Indiana. This bond is one of an authorized issue of eleven hundred (1100) bonds of The City of South Bend, Indiana, of like date, denomination, tenor and effect, except as to dates of maturity, aggregating One Million, One Hundred Thousand Dollars (,S1,100,000L numbered consecutively from 1 to 1100 inolusive, issued for the purpose of providing funds to be applied on the cost of con- structing sewers, making major street improvements and acquiring rights -of -way for said streets and the Sample Street bridge, and the expenses incidental thereto, pursuant to an ordinance adopted by the Common Council of said City on the 9th day of October, 1961, entitled "An Ordinance of the City of South Bend, Indiana, authorizing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of the con- struction of storm, sanitary and other sewers to Maple Road for the Northwest Industrial Development area, as well as in the -3- area of EaFayette Boulevard and Iroquois Avenue located North of the St. Joseph River and in the Chippewa Avenue and Ireland Road areas;.also, for the acquiring of lands and rights -of -way for a new Sample Street bridge and for making major thorough- fare improvements and acquiring rights -of -way therefor, together with the incidental expenses to be incurred in connec- tion therewith," and an Ordinance amending said Ordinance adopted by the Common Council of said City on November 13, 1961, and an Act of the General Assembly of the State of Indiana entitled "An Act concerning municipal corporations," approved March 6, 1905, and all acts amendatory thereof and supplemental thereto, includ- ing Chapter 119 of the Acts of 1937• 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 by law; that this bond and said total issue of bonds is within every limit of 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 signed in its corporate name by its Mayor, countersigned by 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- ture of said City Controller, as of the first day of , 1961. THE CITY OF SOUTH BEND, INDIANA. By Countersigned: ATTEST: City Clerk (Interest Coupon) Coupon No. City Controller On , 19 , The 'City of South Bend, Indiana, will pay to bearer at the 3t. Joseph Bank and Trust Company, South Bend, Indiana, Dollars in lawful money of the United States of America, being the interest then due on its Municipal Bond of 1961, dated , 1961. THE CITY OF SOUTH BEND, INDIANA By (Facsimile) City Controller' -4- Section 3. This ordinance shall be in full force and effect immediately upon its passage and signing the Mayor. Passed and adopted by the Common Council of The City of South Bend on the %3 C' day of 1961. T. Kroll, President ATTEST: Freda G. Noble, City Clerk Presented by me to the Mayor of The City of South Bend on the day of 1961, at the hour of 10:30 C1. M. da G. Noble, City Clerk This ordinance approved and signed by me on the / Li `4 day of Y,_2._. , 1961, at the hour of 0: 0(�..M. I Ist d 2nd READING 11/13 2/o. 00MUTTEE OF THE WHOLE PUBLIC HEARING 1W .p.l.cg�, 3rd READING 111 13/6 NOT APPROVED REFERRED PASSED I IJ l -5- 40V 3 n '61 AM F f L E D C!?'" OF SDDTH BEND ME . a NORLe, "M