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HomeMy WebLinkAboutD-253 Add.Approp/Street &CFDORDINANCE NO. ~ An Ordinance of the City of Carmel authorizing the issuance and sale of bonds of said City for the purpose of improving Rangeline Road from and at its intersection with ll6th Street north to 4th Street south together with the acquisition of land and the construction and equipping of a fire station on said land to be acquired in the northeast section of the City of Carmel and to acquire land for the future de- velopment of the City Complex together with the inci- dental expenses in connection therewith and on account of the issuance of bonds therefor. WHEREAS, the Board of Public Works has requested an appropriation in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) for the purpose of improving Rangeline Road from and at its intersection with ll6th Street north to 4th Street south together with the acquisi- tion of land and the construction and equipping of a fire station on said land to be acquired in the northeast section of the City of Carmel and to acquire land for the future development of a City Complex to- gether with the incidental expenses in connection therewith and on account of the issuance of bonds therefor. WHEP~AS, the Council now finds that it is necessary to provide for the above named projects as requested by the Board of Public Works; that the City has no funds available for such projects nor provided for in ~e budget, making it necessary to authorize the issuance of bonds to procure the required funds; and WHEREAS, a petition has been filed by owners of taxable real estate in the City requesting the Common Council to authorize the issuance of bonds of the City for the pupose of procuring funds to be applied on the cost of improving Rangeline Road from and at its intersection with ll6th Street north to 4th Street south together with the acquisition of land and the construction and equipping;of a fire station on said land to be acquired in the northeast section of the City of Carmel and to acquire land for the future development of a City Complex to- gether with the incidental expenses in connection therewith and on -2- than fifty (50) onwers of taxable real estate in the City of Carmel; that said petition in all ways conforms to the requirements of the provisions of I. C. 6-1.1-20-3; now therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL: Section 1. That the City of Carmel shall make a loan in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) for the purpose of improving Rangeline Road from and at its intersection with ll6th Street north to 4th Street south together with the acquisition of land and the construction and equipping of a fire station on said land to be acquired in the northeast section of the City of Carmel and to acquire land for the future development of a City Complex together with the incidental expenses in connection therewith and on account of the issuance of bonds therefor. Section 2. In order to procure said loan, the Clerk-Treasurer 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 1980," in the aggregate principal amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00), which bonds shall be issued in the denomination of Five Thousand Dollars ($5,000.00) each, numbered consecutively from 1 to 300 inclusive, dated as of the first day of the month in which said bonds are sold~ bear interest at a rate or rates not exceeding nine percent (9%) per annum (the exaet rate or rates to be determined by bidding), which interest shall be payable on July 1, 1981 and semi-annually on each January 1st and July 1st thereafter, and shall be evidenced by coupons attached to said bonds. Said bonds and the interest thereon shall be payable in lawful money of the United States of America at The Fidelity Bank of Indiana in the City of Carmel, Indiana, and said bonds shall mature serially in numerical order on January 1st in the years and amounts as follows: -3- Section 3. Said bonds shall be executed in the name of the City of Carmel by the facsimile signature of the Mayor of said City, and attested by the Clerk-Treasurer, who shall affix the seal of the City to each of said bonds. The interest coupons attached to said bonds shall be executed by placing thereon the facsimile signatures of the Mayor and Clerk-Treasurer, who, 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. Section 4. The form and tenor of said bonds and the interest coupons to be attached thereto shall be in substantially the following form, all blanks to be filled in prope=ly prior to delivery. NO. UNITED STATES State of Indiana OF AMERICA COunty of Hamilton $5,000.00 CITY OF CARMEL MINICIPAL BOND OF 1980 The City of Carmel, in Hamilton County, 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 January, 19 and to pay interest thereon from the date hereof unti~e principal is paid, - · %) per annum at the rate of percenn ~______~__~ which interest is payable on"July 1, 1981 and semi-annuallY thereafter on the first days of January and July of each year, upon presentation and surrender of the annexed interest 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 Fidelity Bank of Indiana, in the City of Carmel, Indiana. This bond is one of an authorized issue of three hundred (300) bonds of the City of Carmel of like date, denomination, maturity, aggregating One Million, Five Hundred Thousand Dollars ($1,500,000,00), numbered consecutively from 1 to 300 inclusive, issued pursuant to an ordinance adopted by the Common Council of said..City on the day of , ............ --~ ~ ~T n~ Carmel authorizing -4- Code, Title 18, Article 1, Chapter 4, Section 3, and all laws amendatory thereof and supplemental thereto, to provide funds for the purposes set forth in said ordinance. 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 Carmel, to- gether with all of the taxable property thereof, 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 Carmel~ in Hamilton 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, its corporate seal to be hereunto affixed and at- tested by its Clerk-Treasurer, and the interest coupons hereto attached to be executed by placing thereon the facsimile signa- tures of said Mayor and Clerk-Treasurer, as of the first day of , 1980. CITY OF CARMEL By Mayor (facsimile) Attest: Clerk-Treasurer (Interest Coupon) Coupon No. On 1, 19 , the City of Carmel will pay to bearer, at The Fidelity Ba~k of Indiana of Carmel, Indiana, the amount shown hereon, in lawful money of the United States of America, being the interest then due on its Municipal Bond of 1980, dated 1, 1980, No. City of Carmel By Mayor (facsimile) petition for and determination to issue bonds. Said notice shall be published once each for two weeks in the Noblesville Daily Ledger and the Noblesville Times, newspapers published in Hamilton County and of general circulation in the City of Carmel, and said notice shall be posted in three public places in the City, as provided by I. C. 6-1.1-20-4 an'd I. C. 6-1.1-20-5. In the event a remonstrance shall be filed by owners of taxable real estate under the provisions of I. C. 6-1.1-20-4, 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 objection petition or petitions are filed by taxpayers under the provisions of I. C. 6-1.1-20.5, then no further steps towards the issuance of said bonds shall be taken unless and until the State Board of Tax Commissioners, or otherwise, that the whole amount of bonds herein authorized shall not be issued, then the Clerk-Treasurer 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. Prior to the sale of the bonds, an order shall be obtained from the State Board of Tax Commis- sioners approving the bonds pursuant to I. C. 6-3.5-1-3. Section 6. Prior to the sale of said bonds, the Clerk-Treasurer shall cause to be published a notice of sale once each week for two weeks in the Noblesville Daily Ledger and Noblesville Times, and one time in the Indianapolis Commercial, a newspap~er published in the City of Indianapolis, Indiana. 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 total amount of bonds, the maximum rate of interest thereon, the maturities thereof, the purpose for which the bonds are being issued, the terms and conditions on which the bids will be received and the sale made, -6- Ail bids for said bonds shall be sealed, and shall be presented to the Clerk-Treasurer at her office. The Clerk-Treasurer shall :~ continue to receive bids until~thetime on the day fixed in the bond sale notice, at which time and place she shall open and consider the bids. Bidders for said bonds shall be required to name the rate or rates of interest which the bonds are to bear, not exceeding the rate hereinabove named. Such interest rate or rates shall be in multiples of one eighth (1/8) or one-tenth (1/10) of one persent (1%), and not more than three (3) different interest rates shall be named by each bidder. The Clerk-Treasurer shall award the bonds to the highest quali- fied bidder. The highest bidder shall be the one who offers the lowest net interest cost to the City, to be determined by computing the total interest on all of the bonds to their maturities and deducting there- from the premium bid, if any. No bid for less than the par value of said bonds, including accrued interest to the date of delivery, shall be considered. The Clerk-Treasurer shall have full right to reject any and all bids. In the event no satisfactory bids for said bonds are received at the time in said notice, the sale may be continued from day to day thereafter for a period not to exceed thirty (30) days, without readvertisement, but during the continuation of such sale no bid shall be accepted which is lower than the highest bid received at the time fixed for said sale in the bond sale notice. Prior to the delivery of said bonds, the Clerk-Treasurer shall be authoized 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 as a part of the cost of the pro- jects on account of which said bonds are issued, and shall be paid out of the proceeds of said bonds. Section 7. The ordinance shall be in full force and effect -7- Passed on the ~/_ and adopted by the Common Council of the City of Carmel day of ~%_~ , 1980. p~iding Officer Attest: Presented by me to the Mayor day of ~ of the City of Carmel on the ~/ 1980, at the hour of ~//~ .m. This ordinance approved and signed by me on the day of , 1980, at the hour of