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HomeMy WebLinkAboutIssuance and Sale of Bonds for Construction & Improvements of SewersORDINANCE No. 8660 Passed by the Common Council of the City of South Bend, SEPTEMBER 18TH, 191 48 Presented by me to the Mayor of the City of South Bend, Approved and signed by SEPTEMBER 14TH. 19Y-4-8- Clerk of Common Council Clerk v ORDINANCE NO. ,3_ L� O An Ordinance of the City of South Bend, Indiana, authoriz- ing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of- construction and improvement of sewers, and expenses in- curred in connection therewith WHEREAS, the Board of Public Works and Safety of the City of South Bend has found that it would be for the best interests of said City and its citizens to provide for the construction and improvement of sewers in said City, thereby improving and relieving the existingsewer system, and has de- termined that the estimated cost of said project and the incidental expenses necessary to be incurred in connection therewith, including the issuance of bonds, will be in the approximate amount of One Million Dollars ($1,000,000.00); and WHEREAS, the Board of Public Works and Safety has filed a request for an appropriation in the amount of One Million Dollars ($1,000,000.00) for said purpose, which request has been approved by the City Controller of said City, with the recommendation that the funds necessary to cover such appropriation be obtained by the issuance and sale of general obligation bonds of the City; and WHEREAS, a petition has been filed under the provisions of Chapter 119 of the Acts of 1937 by more than fifty owners of taxable real estate in the City of South Bend, Indiana, requesting the Common Council to issue bonds in an amount not exceeding the sun of One Million Dollars ($1,000,000.00) for the purpose of procuring funds to be applied on the cost of construction and improvement of sewers, which petition the Council finds to be sufficient under the provisions of said act; and WHEREAS, the Council now finds that the construction and improvement of sewers will improve and relieve the existing sewer- system, and will be of general benefit to the City and its citizens; now therefore, 8E IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUPH BEND, INDIANA: Section 1. That the City of South Bend, Indiana (hereinafter some- times referred to as the "City ") by and through its Board of Public Works and Safety, proceed with the construction of the sewer project hereinbefore referred to, in accordance with such plans and specifications which have been and may hereafter be approved by the Board of Public Works and Safety. Sec. 2. For the purpose of providing funds with which to pay the costs of construction of said sewer project and the incidental expenses necessary to be incurred in connection with -such project and the issuance of bonds on account thereof, the City shall make a loan in the amount of One Million Dollars ($1,000,000.00). In order to procure said loan the City Controller is hereby authorized and directed to have prepared and to issue and sell the negotiable, direct obligation bonds of the City to be designated as "City of South Bend, Municipal Bonds of 1948," in the aggregate principal amount of One Million Dollars ($1,000,000.00), which bonds shall be issued in the denomination of One Thousand Dollars ($1,000.00), shall be numbered consecutively from 1 to 1000 inclusive, shall be dated as of November 1, 1948, and shall bear interest at a rate not exceeding four per cent (4 %) per annum (the exact rate to be determined by bidding), which interest shall be payable on July 1, 1950, and semi - annually thereafter on January 1 and July 1 of each year, and shall be evidenced by coupons attached to said bonds. Both bonds and interest coupons shall be payable at the office of the City Treasurer in the City of 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: $200,000.00 on July 1, 1953, and $200,000.00 on July 1 of each year thereafter to and including July 1, 1957. 2 - Said bonds shall be signed in the name of the City of South Bend by the Mayor of said City, countersigned by the City Controller, and attested by the City Clerk who shall affix the seal of said 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 of said bonds, shall adopt as and for his own proper signa- ture 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. Sec. 3. The form and tenor of said bonds, and the interest coupons to be attached thereto, shall be substantially as follows, to Wit: UNITED STATES OF AMERICA State of Indiana County of St. Joseph No. $1,000.00 CITY OF SOUTH BEND' MUNICIPAL BOND OF 1948 The City of South Bend, in St. Joseph County, Indiana, for value received, hereby acknowledges itself indebted and promises to pay to the bearer hereof the principal amount of �S� y:• .1 111 1.� on the first day of July, 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 July, 1950, and semi - annually thereafter on the first days of January and July in each year, upon presentation and surrender of the annexed coupons as they severally became due. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in the City of South Bend, Indiana. This bond is one of an authorized issue of one thousand (1000) bonds of the City of South Bend, Indiana, of like date,' denomination, tenor and effect, except as to'dates of maturity, aggregating One Miklion Dollars ($1,000,000.00), numbered con- secutively from 1 to 1000 inclusive, issued for the purpose of providing funds to be applied on the cost of construction and improvement of sewers and expenses incidental thereto, pursuant to an ordinance adopted by the Common Council of said City on the day of , 1948, entitled "An -3- Ordinance of the City of South Bend, Indiana, authoriz- ing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of- construction and improvement of sewers, and expenses In- curred in connection therewith," and an act of the General Assembly of the State of Indiana entitled "An Act concern- ing municipal corporations," approved March 6, 1905, and - all acts amendatory thereof and supplemental thereto, in- cluding Chapter 3.19 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 deUvery 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, Indiana, is hereby ir- revocably pledged to the punctual payment of the principal and interest of this bond according to its terms. IN WITNESS WH1=0F the City of South Bend, in 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 signature of said City Controller, as of the first day of November, 1948. CITY OF SOUTH BEND By Mayor Countersigned: City Controller Attest: City Clerk (Interest Coupon) Coupon No. on , 19L, the City of South Bend, Indiana, will pay to bearer, at the office of the City Treasurer in said City, Dollars in lawful money of the United States of America; being the interest then due on its Municipal Bond of 1948, dated November 1, 1948, No. CITY OF SOUTH BEND By (Facsimile) City Controller Sec. 4. As soon as may be done after the passage of this ordinance the City Clerk shall give notice of the filing of the petition for and de- termination to issue bonds. Said notice shall be published once each week for two weeks in the South Bend Tribune and South Bend Mirror, the same being newspapers published in the City of South Bend and representing the two lead- ing political parties, and said notice shall also be posted in three public places in the City, as provided by Sections 64 -313 and 64 -1332 Burns statutes 1933. Said bonds shall not be advertised for sale prior to the expiration of the period during which taxpayers may file remonstrances or objecting peti- tions 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 Section a -313 Burns Statutes 1933, then no further steps towards the issuance of said bonds shall be taken unless and until the Common Council shall have de- termined that such remonstrance is insufficient. In the event an objecting petition or petitions are filed by taxpayers under the provisions of Section 64 -1332 Burns Statutes 1933, 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 of the bonds herein authorized shall not be issued, then the City Clerk 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. Sec. 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 weeks in the South Bend Tribune and South Bend Mirror, and one time in The Indianap- olis Commercial. 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 -5- 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 re- ceived 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 re- oeive all bids offered until two otclock P.M. 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 of interest which the bonds are to bear, not exceeding four per cent per am um, and such interest rate shall be in multiples of one - fourth of one percent (1%), and not more than one interest rate shall be named by each bidder. The Con- troller 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 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 sale of said bonds the City Controller shall be authorized to obtain a legal opinion as to the validity of said bonds from competent bond counsel whose opinions are acceptable to bond purchasers generally, and to furnish such opinion to the purchaser of said bonds. The cost of said opinion -6- shall be considered a part of the cost of said newer project, and shall be paid out of the proceeds of said bonds. See. 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 pro- vided. After said bonds shall have been properly executed, the City Con- troller 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 Treasurer the amount which the purchaser is to pay for the same; thereupon, said Treasurer shall be authorized to receive from the purchaser the amount so certified by the Controller and to deliver the bonds to such purchaser. Sec. 7. This ordinance shall be in full force and effect immediately upon its passage and signing by the Mayor. Passed and adopted by the Common Council of the City of South Bend on the 13th day of September , 1945• Attest: City Clerk Presented by me to the Mayor of the City of South Bend on the 14th day of September , 1945, at the hour of 8 :30 o'clock A M. This ordinance approved and September 1945 2 at — 7 — City Clerk by me on the 14th day of of 9 :00 0' clock A M.