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HomeMy WebLinkAbout13-71 Ordinance , , I il I II I I I I : 11 I I II I I \2~\ \,.> ,,~ ~V~'~e..t~~ . ~\)~~ " --' ",.. ...".... '" .. /3,7/ ORDINANCE NO. TO PROVIDE FOR THE RENEWAL OF A NOTE IN ANTICIPATION OF THE COLLECTION OF SPECIA L ASSESSMENTS FOR THE IMPROVEMENT OF MONTEREY DR'IVE BY THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE DITCH AND TO DECLARE AN EMERGENCY \ I ... , '- :\ WHEREAS, by Ordinance No. 08-68 passed February 5, 1968, this ~ j -......... Council authorized the issuance of a note for said purpose in the amount of $2,881. 20, dated March I, 1968, and maturing March I, 1969; and WHEREAS, the final cost of said project was determined and said I note was renewed in the amount of $3,215.22 for an additional term of one year maturing March I, 1970; and WHEREAS, said note was renewed in the amount of $2, 023. 69 for an additional term of one year maturing March I, 1971; and WHEREAS, it is necessary to renew said note in the amount of $1, 670.80 for an additional term of one year; and , >> .I WHEREAS, the Council of the Village of Dublin, Ohio, has heretofore, i , \ - i by proper legislation, declared the necessity of improving Monterey Drive - in the Village of Dublin, Ohio, by the construction of a storm sewer and drainage ditch; and WHEREAS, the Clerk of said Village ,has certified to this Council the estimated life of said project as at least five (5) years, and has further certified the maximum maturity of bonds as twenty (20) years, and notes as ! [ five (5) years; now, therefore, BE IT ORDAINED by the Council of the Village of Dublin, Franklin I I County, State of Ohio: Section 1. That it is deemed necessary to issue bonds of the Village of Dublin, State of Ohio, in the principal sum of One Thousand Six Hundred Seventy and 80/100 Dollars ($1,670.80) for the improvement of .~ . Monterey Drive from Bridge Street south to the end of Monterey Drive by ~ , constructing a storm sewer from Bridge Street south approximately 200 feet ~ I ~ and a drainage ditch from said storm sewer to the end' of Monterey Drive. Said bonds shall be dated appro~imately March I, 1972, shall bear interest at the rate of six percent (6%) per annum, and shall be payable in five (5) annual installments. Section 2. That for the purpose of renewing a note heretofore issued in anticipation of the issuance of bonds in anticipation of the collection of special assessments for the aforesaid improvements, in accordance with the legislation heretofore passed by the Village Council with respect thereto i .. :1 I I' . .' I' I. ~ .., ...... "., .. I. , h'- ... " I , , I, II I II , " I 'r . II I I " I I - .~ . I and to pay the property owners' share of the final cost and expense of said improvement, notes shall be issued in the amount of One Thousand Six Hundred Seventy and 80/100 Dollars ($1,670.80) and shall be placed to the credit of the fund for the aforesaid improvement as provided in the engineer's final cost certificate on file in the office of the Clerk. i I Provided, however, that the appropriations hereinabove made for the aforesaid improvement is subject to the qualifications that interest at the rate of six percent (6%) per annum for the period prior to collection of \ . assessments has been included in said a:r:t;lount, and the amount necessary to " pay said interest is hereby appropriated for the payment thereof and for no \ i other purpose, and the amount above set forth shall be reduced by its . .." ,0 proportionate amount for the payment of said interest. , Section 3. Said note shall be! signed by the Mayor and Clerk and shall bear the seal of the corporation; shall be dated March 1, 1971, and be payable March 1, 1972. Said note shall.t>ear interest at the rate of six per cent (6%) per annum, payable at maturity~ and shall express upon its face the purpose for which it is issued and that it is issued pursuant to this ordinance. Principal and interest shall be payable at! the office of the Ohi 0 State Bank, Columbus, Ohio. Section 4. During the year or years while such note runs there shall be levied on all the taxable property- in said Village, in addition to all other taxes, a direct tax annually not less than that which would have been levied if bonds had been issued therefor without the prior issue of said note. Said tax shall be and is hereby ordered. computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner and at the same time that taxes for general purposes for each of . said years are certified, extended and collected. Said tax shall be placed . ..; before and in preference to all other items and for the full amount thereof; , . provided, however, that in each year to the extent that the assessments , , \ , anticipated by said note and bonds are payable and are applicable to the - payment of such interest and principal and are appropriated for such purpose, the amount of such tax shall be reduced by the amount of the assessment so appropriated. Section 5. All assessments collected for the improvement and unexpended balance remaining in the fund ,after the cost and expense of the improvement has been paid, shall be applied to the payment of the note and the interest thereon until fully provided for. A certified copy of this Ordinance shall be forwarded by the Clerk to the County A uditor as required by law. : Section 6. Said note shall be 'a full general obligation of the Village of Dublin, Ohio, and the full faith,! credit and revenue of said Village are hereby pledged for the payment of both principal and interest of the note hereinbefore assumed at maturity and in accordance with the laws and Constitution of the State of Ohio. Section 7. Any part of the, Village portion of the cost of said I improvement not paid by the issuance of notes as provided herein shall be . paid from the appropriate fund. ~ ~ Section 8. Subject to the rejection of said note by the officer in charge of the Bond Retirement Fund for investment in such fund, said note shall be, and hereby is, awarded and sold! to the Ohio State Bank, Columbus, Ohio, at the par value thereof and bearing: the aforesaid rate of interest; and the Clerk is hereby authorized and directed to deliver'said note" when executed, to said purchaser upon payment: of such purchase price and accrued ,! interest to the date of delivery. The proceeds of such sale shall be paid into the proper fund and used for the purpose for which said note is being issued under the provisions of this ordinance. Any premium and accrued interest - 2 - , II I .1'. '* '.01.'... .",t... I.... "'0 ..._...... " ., ,,, . , . " I " , r I : ~. . shall be credited to the Bond Retirement Fund to be applied to the payment of principal and interest of said note in the manner provided by law. Section 9. It is hereby determined and recited that all acts" conditions and things necessary to be done" precedent to and in the issuing of said note in order to make it a legal" valid and binding obligation of the Villagl of Dublin have happened" been done and ~erformed in regular and due form anl as required by law; and that no limitation of indebtedness or taxation, either I statutory or constitutional, will have been exceeded in the issuance of said note. I \ Section 10. This ordinance is hereby declared to be an emergency \.. I \ i measure necessary for the immediate preservation of the public peace" health -\_/ and safety of said Village for the reason that the note heretofore issued has matured and it must be renewed at the earliest possible date, and therefore this ordinance shall be in full force and effect from and after its passage. (j~ U ;}::,~ ~,9'1. jV I Mayor Passed: , 1971 Attest: ;?/~ . ....I ~ , ~ lerk \ \ I - CERTIFICATE , I, Sherman Sheldon, Clerk of the Village of Dublin, OhIO, hereby certify that the foregoing is a true and exact copy of Ordinance No. passed by the Council of said Village on the . day of . 1971. , - Sherman Sheldon Clerk of the Village of Dublin, Ohio ~ I r ! , I , '-..-) - 3 - .. :! I . I. 411 II I. 1...., . ".., ... ..... ..., _. 'I 1 , 1 'I I 1'111 ' , ' I II' I .' I 1 " I ' 1 '. " ~ ; CHESTER, HOFF!>fAN, PARK, WILLCOX & ROSE 16 EAST BROAD STREET COLU}IBUS, OHIO 4:3215 .JOHN .J, CHE:STE:R July 15" 1971 F'. HERBERT HOf',.MAN,...R. TE:LE:PHONE: HOWARD C. PARK 221-4000 ROOE:RICI\ H. WILLCOII ARE:A COOE: 8'4 DONALO o. ROSE: CHARLE:S S. LOPE:MAN I . I '1 I I -::.\ I W Sherman Sheldon 57 Longview Drive Dublin" Ohio 43017 Dear Sherm: Enclosed is a deposit slip for $1" 715.33 dated July 15" 1971. It represents the proceeds from the sale of the Monterey Renewal Assessment Note to the Ohio State Bank. This should be deposited in your debt retirement fund and this deposit together with the $461. 16 which you already had in the debt retirement fund will cover the check you wrote on Monday night for $2" 176.49. This should leave you with a zero balance in the debt retirement fund. The zero balance will continue until you get more assessment money from the County Treasurer. " , A Iso enclosed are the following documents in connection -'1 J with the renewal note procedure for your file: \~,.,J 1. Incumbency Certificate; 2. Certificate of Fiscal Officer; 3. Excerpts of Minutes of a Regular Meeting of Council held July 12" "1971; 4. A copy of the renewal note; 5. Offer of Renewal Notes for Purchase to the Treasurer of the Village of Duplin" Ohio" and Rejection; and 6. Certificate of Filing Copy of Renewal Note Ordinance with County Auditor. Very truly yours" ~~ DGR/ac Donald G. Rose ,.~ j " 11 1 ' I 1 II .. II I . I . '"" t.. ... I 'Id, II I" . III ,. . <. I j, r" " I ~.., . . , ~. II. , . , " I . I 'I I I I Iii I 1II11 I I II I I . I II , I I f\ . . L ., . ~ , :! i , ! ., " " ~ ~ . : !! : '. -, INCUMBENCY CEHTIFICA TE ; o. , , " : ~ , 0' !J :i ~ 1# Sherman Sheldon# Clerk of the Village of Dublin# Franklin County# :t \~, ii . " :.Ohio# do hereby certify that the following persons were# during the year 1971# II ~ . . . - . ., ' 4 I i;the regularly elected#. appointed and qualified incumbents of the offices of the l-j' t. . . ~ q . . iVillage of Dublin set opposite their r.espective names: II . 'I I I II NAMES ' i II. I ; 1 I, : II Jan. 1# 1968 Dec.31#1971 . j'Jack W. Frambes : Mayor : . l' . .! . I !;Sherman Sheldon Clerk -Treas. : Jan~1#1968 Dec. 31# 1971 I : : I ! , 'j , ! i I:Richard Denney I Councilman Jan. 1# 1968 Dec.31#1971 I I : : . ! I . I jlJOSeph Dixon ! : Councilman . Jan. 1# 1968 . Dec.31#1971 I . . " !i ! II " Councilman' Jan. 1, 1970 Dec.31,1973 . I;Robert Karrer : . : , . !I i , J !:Gerald Macklin : Councilman :. Jan. 1, 1970 : Dec. 31# 1973 1 \ Ii ' ~ I , I, ... l ~., j:Robert Schontzler : Councilman : Jan. 1, 1970 : Dec.31,1973 " II , , i:Wilbur Ulrey , : Councilman : Jan. 1, 1970 : Dec. 31# 1973 j II I I I I I I Regular meetings of the Council of the Village of Dublin# Ohio# i l Pare held on the First and Third Mond~y of each month at 8:00 o'clock p. M. 1 , I . i IN WITNESS 'WHEREOF, I have hereunto set my hand this Iv day I . " l I ti1 l I , of, # 1971. I I : I l i fI . ' j 1 -!(~ .Jt/J~ i j " ; I I ! , l Sherman Sheldon , II Clerk of the Village of Dublin, Ohio I I I I 'I \ I I, .J: J Ii \...; l' II , . ;. I. , I I I . I j I : . I I ! I . , ..~.; ", .) . " I . I.' II I_ II I.'j ..; , " I t" 'It' ,,,.,t,, I' ", . .' .. ~ ' -, . , I' ~ .. I . . I ' 1 II ".""'"111 I I 'I" I '" , ". ~ :. i . ~ , . ~ ., ii i i' " l H ' il CERTIFICA TE OF FISCA L OFFICER , , . j' . I .1 ; ,\ . .' ' q i ~ II To the Council of the Village of Dublin~ Ohio: l; :! . , ';l . The undersigned, the Fiscal Officer of DubUn, Ohio~ hereby j ., n I II I '-; ~ I certifies that: I L-:. I' i I 1. The estimated life of the following improvement: to-.wit:. : !. .. . II. , II 'construction of a storm sewer and drainage ditch in Monterey Drive, 'is at j I least five (5) years. ~ I. ! II 2. The maximum maturity of the bonds proposed to be' issued : i 11, . , I" 'therefor~ calculated in accordance with the provisions of Section 133.20, j I ! I ' Revised Code of Ohio, is twenty (20) years, and~ if notes are issued in ; I II ' , , I II anticipation of the issuance of said bonds, the maximum maturity of such ; I ! II · I notes is five (5) years. I . I . ~~ i ~; I . Dated: -I' ~ 1'/ · 1971. .&~ .- ./b,t/U'V'-J ! ~, She man Sheldon ' ; ~ Clerk of the Village of Dublin~ Ohio I . ' ,'! I i . I I I 1 . j ,I 1 I, . 1 I . " I I I' . 1 . I I I I I j I [ i I I l .' I ~ : ' I I . .Lt . . \ II i I j I . . , I i I , I . .... l " , I I r I ' 1 ~ " . d f , ' j i ' " II ! ~ ! I f~ .., .._~_ ''"''l.hl~''l. ,.t,. ..,', II. '...'I......".~.._' ,.". """'I~' 1-'."; . I 1'1. II I II I II . I I II , r I " t :"~ ~ ~ -:~1 · ii EXCERPTS OF MINUTES ijEGULAR MEETING OF ., II COUNCIL HELD ~ IV , 1971 . ' !, () :t . .' ;! i. " !i' , Council met in a Regular Meeting at 8:00 ,Po M. at Municipal Hall , , 't"" Ii on -!J:::! LV · 1971. with . ~ ~,(~ , ~\ ,j! pres~ ing and the following members present: ,{/ , ; , 'I LJ li'r2~ f)JA ! I! ' t\ . II J:::::f-:' . I : , f-'.' , I L~ '! tt!J~ I I ~. l Ii ..----...~ ! I WdlwvV7/ . i l I Ordinance No. !J" 'i I was introduced and read to council: , : j l , ; ~ ( i I l.... i . I ,- I ~. j I I ! ' I ,I I, Mr. ~ L moved the statutory rules requiring three. i ,separate readings be suspended. Motion seconded by Mr. C~ ~ . I Upon roll call the vote was as follows: i Mr. . ,{).~ . /~ _ I , 'I Mr. ' J!)A .' .' f:: I Mr.J:-~ ~ I Mr. ~JL' ~ I r ,.,~~ .. I Mr. J,/lJJ<:) I ~ ! I Mr. ~1(ry ...'. """r I L; II Mr." · . .... I I . , '-' i I Mr. moved the passage of Ordinance No. 13..7 / " , , I which motion was seconded by Mr. ~~. I i . I i' i , . " ) " . :1 : II ' . i ! . .. 'I ';:. i" . I' 4 II n .1 , *,. ;. i. .. l.l" Ii.. .b:. ..."' . .., _._._' .. f . j I I I I I 1 I; ,. j' I , I I I I II ~' , I II , I .. , . jJ ,.. ~ I ~ . ' , . q Upon roll call the vote was as follows: ; It I .. tJ ii Mr.. . ~ 714/ '1 ' Ii Mr. Qd~ . ir' i 'j I-" . jl Mr. ^' ~ ~' .f 'I , ;j /J,' Ii Mr. ~~~ ,. ~ . : 'I II Mr. ~k .~' : · ,. UbrJ ~. I C . III Mr. .', ) . I I Mr. ! 11 ' .." i 'I' ~ I : ' I II The Ordinance was _. I " I II, ' , I I I I . I ! \. il I I ! 1 I j . I I t . 1 J I 1 \ " CERTIFICATE I I [ , ' .....~. . " : I I . I ! j ! I, Sherman Sheldon, .Clerk of the Village of Dublin, Ohio, hereby : I eertify that the foregoing is a true and correct eopy of excerpts from the : 1 minutes of a Regular Meeting of the Council of said Village, held' on the 1. I J .. I J- day of , 1971, which ,minutes are of record and on I '. ' · i I file in the I . , I I . -,' , ! I h' I Ow I . . I I I' f II I _ I '-., \ I I I ' I 'I J I v I I . . I , . I I . I , I I I I ! " 11 I . I . !, " I Ii ' . H ; ,. ' '. ' l n '; .. . ., " .. . ~, ..,....,.&.., I I. I. .. . I I.'... . . I . ". . t." ''II' I' I : , I 1 I I l , t 1 I , 1 I I t ~ I I II 1 t I . . . . . ; , UNITED STATES OF AMERICA ,I ~: STA TE OF OHIO ;1 COUNTY OF FRANi(LIN " :1 VILLAGE OF DUBLIN 1: q $1,670.80 . \l.. lj' ,. .'! . Per 6 Cent ,\ , I, -'"";\ II- R ENE W A L NOT E .: I j, I " i', n ~ , I..-....,; l i . l' . !! FOR VALUE RECEIVED, the Village of Dublin, Franklin County, Ohio, : Ii pereby promises to pay to the bear~r the sum or' i II ONE THOUSAND SIX HUNDRED SEVENTY AND 80/100 DOLLARS i II ' on the first day of March, 1972, with interest thereon from the first day of , t '. , 'I March#' 1971, at the rate of six percentum (60/0) per annum~ payable at ' I I maturity. . .' . ., " I ' i The principal sum and interest thereon are payable' in lawful money 1 I of the United States of America at the office of the Ohio State Bank, Columbus, I Ohio# upon presentation and surrender of this note at maturity. I ! , I THIS NOTE# dated March 1, 1971# in the denomination of One Thousand I Six Hundred Seventy and 80/100 Dollars ($1, 670.80) is issued in anticipation ' il . of the levy of special assessments and in anticipation of the issuance of bonds ~ .~ ) II in anticipation of the collection of special assessments for the property . ; ~ ; II owners' 'portion of the cost of improving Monterey Drive from Bridge Street : ~ i south to the end of Monterey Drive by constructing a storm sewer from Bridge Street south approximately 200 feet and a drainage ditch from said storm . sewer to the end of Monterey Drive, as set forth in Ordinance No. 08-68 duly I passed by the Council of the said Village on February 5, 1968, and under : ' I authority of the general laws of the State of Ohio, particularly Sections 133.01, I to 133.48, both inclusive, of the Revised Code of Ohio. ; I I . II ,AND IT IS HEREBY CERTIFIED AND RECITED, that all. aCts, i I conditions and things necessary to be done Ptecedant to and in the issuance . of this Note# inorder to make it a legal, valid and binding obligation of said : II Village 'of Dublin# Ohio# have happened, have been done and have been ' !' performed in regular and due form as required by law; that the full faith,' : I credit and revenue of said Village of Dublin# ,Ohio, are hereby irrevocably : : I pledged for the prompt payment of the principal and interest thereof'at i I maturity; and that no limitation of indebtedness or taxation, either statutory , , or constitutional has been exceeded in issuing this Note. 1 1 f !II IN WITNESS WHEREOF, the said Village of. Dublin, Ohio, has caused ~ this Note to be signed by. its Mayor and Clerk, thereunto duly authorized# and' r 1 I to have affixed .thereto its corporate seal, as of the First day of March, 19~1.: I,ll .J j I, II THE VILLAGE OF DUBLIN, OHIO 1 ~ j I '. I I.lJ I ' II' .1 Mayor l I i - ! . I I' ! i Clerk I I' I! , It I Il , . ,,- 'I ~ " I "1'111--',11 I I. . ~l"I'''',,, I ,I.. .llt. I..... ..,..,. .. .... . .. .. ~_ _. .., ~ 'I 1 'I' I' I 11 111 'I I II I'" "II I 1 I .. :'. OFFER OF RENE\VAL NOTES FOR PURCHASE TO THB . . H TREA~URER OF THE VILLAGE OF DUBLIN, OHIO i " L ;, \ 1 ~ i~ Dublin, Ohio' . , ;: )Miy IV ,1971 l; , n . . H To: The Treasurer of the Village of Dublin, Ohio I I: L ' it . . Offi~er in Charge of t.he Bond Retirement Fund: .- . ,'I \ I .: II -L-;' ,! Offer for pUFchase at par and accrued interest is hereby made of , '. , ii . ;1' Notes of the Village of Dublin, Ohi.<;>, in the sum ,of $1,670.80, dated the 1st , ~ . . d II day of March" 1971;, and bearing interest at the rate of six percent (60/0) per : /I " ~ II annum" payable March 1" 1972. " I I' , . , I. ~aid notes are issued in accordance with Oroinance No. /3-7 / :. I,' of the Council of the' Village of Dublin,' Ohio" passed on ~ , 1971" under authority of the General Laws of the State of I Sections 133.01 to 133.48. inclusive of the Ohio Revised Code, for the purpos~ 1 . II of construction of a storm sewer and drainage ditch in Monterey Drive. \... i I Said notes are due and payable as follows: March 1" 1972. \. I .It I J ~ I ~ I ' , "-..I. I ..vvA4!l~ J}..... fr1r.-J I ~rman Shelaon II Clerk of the Village of Dublin" Ohio II i I 1 I REJECTION OF OFFER TO PURCHASE NOTES ! l~ . To: The Clerk of the Village of, Dublin, Ohi~ 1 I " , i' , I Your offer to me as Treasurer of the Village of Dublin" Ohio" ; . dated ff't IV. · 1971. to purehase $1; 670.80 Notes of the said ' V.illage t 'pa and accrued interest, issued under authority of Ordinance . ; I ' . : No. /3,,7 / of the Council of the Village of.D~bl~n" O~io~, passed on the ;, l \ . ,IV dayorYr, 1971, is hereby rejeeted and S~id Notes will not ; l., . I be purchased g. me as Treasurer in Charge of the Bond Retirement Fund. \ I ~ J' Dated at Dublin. Ohio, this I ~ay. of ~! . 1971. ! - t/ ; I ! & '~a ! '..P~,' '. i~ j' - Tr asurer of theVil age of Dublin, Oh~o . . I I j I 1 1 ! I ! !. j i ,1 I I . , ! . j i Ii I J , ..' . I _, ".. I . to , ., It .1 ; fl"" t- ... I ,,,. ,; _ , II. 'I> .. . ~ ", I' , " I .. . ,', .. '4 ... ... I . I J , l T I'll III , I I I " I I II I I -- ~ . . , /. . CERTIFICA TE OF FILING COpy OF RENEWAL NOTE ORDINANCE WITH COUNTY AUDITOR i STATE OF OHIO \ ~. FRANKLIN COUNTY, SS: , i I I " ":.' , I I, ARCH J. WARREN, the duly elected, qualified and acting ~ County A uditor in and for the State and County aforesaid~ do her'eby certify that Sherman Sheldon, the duly elected, qualified and acting Clerk in and for the Village of Dublin~ Ohio~ has this day filed in the County Auditor's Office, Franklin County, Ohio~ a Certified Copy of Ordinance No. /3 - 7 ( providing for the issuance of Note in the sum of $1, 670. 80 for the purpose of construction of a storm sewer and drainage ditch in Monterey Drive. nd and official seal at Columbus~ Ohip, this )~' i , 1971. "" ) L, . cd~J: i;;~_ I I.. I i .......... i I County A uditor in and for Franklin County, Ohio , I I i ; , , , : i ! I : ; , I I I ! 'u i i I I I , '1 I . t.. 'i I. I' 4.. . ., I.... . ..' .11. ," ,t. . " " , ; J_.' .. l .