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HomeMy Public PortalAbout1348-1948 - The issuance and sale of bonds for the Airportk 1. ORDINANCE No. 1-349- 1948. AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVID- ING FOR THE ISSUANCE AND SALE OF BONDS FOR THE PURPOSE OF IMPROVING THE MUNICIPAL AIRPORT OF THE CITY OF RICHMOND, INDIANA, AND EXPENSES INCIDENTAL THERETO, AND REPEALING ALL ORDINANCES' AND ,PARTS _@F ORDINANCES IN CON- FLICT HEIMiITH. WHEREAS, the City of Richmond, Indiana, is the owner of a, Municipal airport, located approximately five (5) miles south of the said City of Richmond, and WHEREAS, said City has been, and is now, desirous of constructing, erecting. andequipping and makftng avail- able and usable what is commonly known as an Administration building, at said -Municipal Airport, and VMHEAS, the estimated cost..of said Administra— tion Building is approximately One. Hundred'Thousand Dollars ( 100, 000. 00) , .and WHEREAS,"the United States uovernment can and will, .and has so specified, match dollar for dollar such funds .as may, be .produced and 'presented by said Uity of Richmond, and WHEREAS, more than one hundred (100) taxpayers, owning taxable real estate within. the City limits -of the. City of Richmond, Indiana, have filed petitions requesting the Uouncil to authorize the issuance of bonds in an amount not exceeding . the sum of Fifty .Thousand Dollars ($50, 000. 00) , for the purpose of procuring funds to be applied on the cost of the constructing, erecting and equipping, at the Richmond Municipal airport, an Administration .Building, taxi ways, runways, aprons, out -buildings and such other essentials incident and.necessary thereto, including all incidental expenses necessary to be incurred in 6 connection therewith, and .. ZJHEREA.9', the'.,Council 'now f inds that the , imme-. diate required outlay for 'said project is.not available from the existing funds,- or :provided for. in the existing budget and tax levy which maybe applied on said project, and that it is necessary to -authorize -the issuance of bonds of.said City, in order to procure the necessary funds, and WHEREAS, the Council further finds that said .petition is sufficient to comply with the provisions of Chapter #119 of the Acts of 1937, NOdv, THEREFORE, BE IT ORDA11TED, By the Common Council -of the City of xichmond, Indiana: Section 1. That. the City of xichmond, acting by and through its Board of Aviation Commissioners, proceed with the necessary business of securing a grant from the Federal Government, under the Federal airport .Act, on a dollar to match dollar basis, for the purpose of erecting, constructing and equipping, at the Richmond Municipal Air- port, an ;Administration Building and all taxi -ways, runways, aprons-, out -buildings and such other essentials incident and necessary thereto. Section 2. That for the purpose of providing funds to accomplish the above, and including all incidental expenses necessary to be incurred in connection therewith; and the issuance ofbonds on account thereof, the City shall make a loan -in the amount of -Fifty Thousand Dollars ($50,Q00.00). In order to procure said loan the City Comptroller of the -City of xichmond, Indiana, is hereby authorized and directed to have prepared, and to issue and ' sell, the the City;';Comptroll er, and .said official;. ,by -the-counter- sigting.-of' .-sai d bonds; -shall .adopt. a-s and .f;or. his' -own. proper signature, . his- facsimile signature appearing on - said coupons.. " ? Section ' 3., The `°form -and "tenon of said bonds, and the : interest ,_coupons -,'to,: be`:-attache,d thereto; -shall :-.be substantially: as f,ollows_;:-__ to -wit -a UNI TED,. STATES OF,:.MERIC1�. State '-of Indiana :Gount,y "of: No. i _ 2000.00. CITY OF - RI CB11OND = .. " MUNICIPAL AIRPORT ..-.'BOND OF 1948 The City .of Riehnond,_- in Bayne, 00unty; Indiana, 'for. ;value received;..hereby =acknowledges 'itself -'indebted- and --promises ,to' pay_ t o` the .bearer hereof . the princi pal, amount of ONE THOUS AND D OIfhAS on the first. da.y,of ~:. '19':' , and to pay, inter..;' est thereon. from .the date hereof --until the -'principal is paid, af.'the rate of per -:cent' ( �) per .annum, payable �on- the, -f it st day of July; _, ' 194 9, "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 become due. . - .` Both principal �arid interest of .,this bond,,:are : payable in -lawful money, of the :,United - States.- of Anier: i.ca at: The.- Second National Bank of Richmond, Richmond,. IridZana.' This -bond~ is -'.one of an authorized issue of'..fi-f _ (50) bonds .of the. City, of Richmond,. of.: like date; denomina- tion :arid :tenor and ' effect, - except. as to dates of ..maturity; aggregating -Fifty 'Thousand Dollars", ($50, 00,0. 00 ), '.'-numbe-red ; -consecutively from, -`one {.1) to . f-ifty (50 ): inclus_ i�;e; issued, . pursuant to. an Ordinance adopted .by, the „Common Councilof said-' City on the day of -March " 1.948, ` entitled "An Ordinance .providing -for `the issuance -:and sale of bonds. for- the. purpose of :improving the',,Municipal Airport of :the - -City of, Ri chmond:, Indiana,, _.and. expenses incidental these- to, 'and` repealing all:'Ordinances,' and -parts of Ordinances. - -in confli-ct: herewith', .-and. in .st"rict a:ccordarice with the ; provisions, of an, Act, of-,, the general assemblyof._ the.. Late of - Indiana entitled -''xn-'iict' Concerning, Muni cipal Corpora- --tions", approved.. March -6', 1906, "anal all` Acts .amendatory thereof and .supplemental thereto,. -including particularly uhapter' 119 of the adts of. 1937 and . chapt'e,r 190. of 'the- acts of `1945,`1 and the' .&cts- arimendatory.thereof and sup-pleraental. .th:ereto; :':fo.r- the purpose. -of providing, funds ,to -pay the cost of improvements to the Municipal .Airport of. the City .of Richmond, and expenses incidental thereto. It is hereby certified -and recited that all acts, conditions and things -required to b e done -precedent -to 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 indebtedne.ss prescribed by the constitution and laws of the State of Indiana, and that the full faith and credit of .the City. of Rich- mond.is hereby irrevocably pledged.to'the punctual pay- ment -of -the principal _and interest of this • bond- accord- ing to its terms:. IN ViITNESS ITEREOF the City of Richmond, in. Wayne County, Indiana, . by Ordinance of its Common Uouncil . . has caused this bond to be signed in its.corporate name by its Mayor, countersigned by its Uity Oomptroller, 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 Comptroller, as of the. 15th .day of May, 1948. ,ATTEST: Cit y Ulerk CITY . OF RICBMOND By Mayor COUNTERSIGNED., 'City Uomptrol er (Interest (;oupdin) Coupon No. On , 19` the City of Hich- mond, Indiana, will -pay to bearer at. The Second National Bank of Richmond,.-.Hichmon.d, Indiana, Dollars in lawful money of- the United States -of -America, being the interest then due on its Municipal :Airport Bond of 1948, Noe ®: CITY. OF RICI�lIOND By (Facsimile) City Comptroller Section 4. As soon as may be done after the adoption of - this Ordinance, the 'City Clerk shall give notice of the filing of the petition for and determination to issue bonds, as required by Section 7 of'Chapter 119 of the Acts of 1937) and Seetion 64-1332 Burns+ Revised -Statutes,1933. Said notice shall be published once each week for two weeks in the Richmond Palladium -Item, the only newspaper published in the City of Richmond, and said notice shall also be posted.in three public places in said City.. Saction 5. Prior to the sale of said bonds the City Comptroller shall cause to be published a notice of such sale once each week for two weeks in the Richmond Palladium -Item, the. only newspaper published in said City of Richmond. Said notice shall also be published one time in one paper published in the City of Indianapolis, - Indiana. The -date fixed for the sale shall not be earlier than seven 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 con- ditions on which bids will be received and the sale made; and such'other information as the City Comptroller shall deem necessary.. The notice of said sale shall not, how- ever, be published prior to the expiration of the period during which taxpayers may file remonstrances or object- ing 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 Chapter 119 of the Acts of 1937; then the bond sale notice shall not be published unless and. until the Common Council shall have determined that such remonstrance. -is in"sufficient. In the event an objecting petition or petitions are filed by taxpayers 1 under the. provisions of Section 64-1332 Burnst Revised Statutes 1933, then the -bond sale notice shall not be published 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 Comptroller shall be -authorized to advertise and sell a lesser amount of.bonds, and the bonds not issued or sold shall be the bonds .of the latest maturity or. maturities. Section 6. All bids for said bonds shall be sealed and shall be presented to the City Comptroller at his .office in the City Building, Richmond, Indiana. - Bicdd:ers for said bonds shall be required to name the rate of interest which the bonds are to bear, not exceeding three per cent (30) per'annum, and such interest rate shall be in multiples of one' -fourth (1/4) of one per cent (1 %-), and not more than one interest rate ' shall be named by, each bidder. 11'he Comptroller shall award the bonds to, the highest 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 Comptroller shall have the full right to reject any and all bids. In the event the Comptroller shall, receive .no satisfactory bid for said bonds at the time `fixed in said notice, he shall be author- ized to .continue -to .receive bida thereafter from day to day until a satisfactory bid has been received. Prior to the sale of said bonds the- City Comp- troller 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 shsll' be.'.cor_sidered as part of the cost of -said project, and shall be paid out., of the. proceeds of said. bonds. Section 7. The City Comptroller is hereby author- ized and'directed•'to.Have'said bonds and coupons prepared, and the Mayor, City Comptroller and City Clerk are hereby authorized and directed to execute said bonds and the inter- est coupons to be attached thereto in the form and manner herein provided. After said bonds shall have been proper- ly executed the City Comptroller 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. Comptroller 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 pur- chaser the amount so certified by the Comptroller and to deliver the bonds to said purchaser. Section 8. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section 9. 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 Richmond, Wayne County, Indiana, on the 16- day of March, 1948. ,�� Attest:��� Press ng Officer City/Qler