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HomeMy WebLinkAbout073-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No, ...n7~~-~~n._ Passed m.... ----------_.-- mm19un ~ AN ORDINANCE AUTHORIZING THE ISSUANCE OF A DUPLICATE BOND AND ATTACHED COUPONS TO REPLACE LOST OLD VILLAGE WATERLINE CONSTRUCTION BOND NO. 158 AND ATTACHED COUPONS WHEREAS~ this Council has been presented with an affidavit and application evidencing the loss of the following bond and attached coupons issued by the City of Dublin: Old Village Waterline Construction Bond No. 158 (CUSIP No. 263713GFO), in the denomination of $5,000, dated December 1, 1979, maturing December 1, 2000, bearing interest at the rate of 7.125% per year, with Coupon No. 19 and all sub- sequently maturing coupons attached, and being part of an issue of Old Village Waterline Construction Bonds of the City of Dublin, aggregating in original principal amount $8,000, and requesting the issuance to the applicant of a bond and coupons attached thereto in replacement of the original bond and coupons attached thereto; and WHEREAS~ the applicant has presented a sole obligor indemnity bond to this Council indemnifying the City of Dublin, Ohio, the Director of Finance of the City of Dublin, Ohio, and BancOhio National Bank, Columbus, Ohio, as paying agent, for or on account of the bond and coupons so lost and in an amount sufficient to indemnify the Obligees under the conditions of the indemnity bond and which sole obligor indemnity bond is hereby determined to be satisfactory to protect the City of Dublin, Ohio; NOW~ THEREFORE BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, 6 of the elected members concurring that: - . '" Section 1. Pursuant to the authority granted by Section 133.39 of the Ohio ...., t'J L.I Revised Code and to the assurances received by this Council hereinbefore " -c .. C1) cited, there shall be issued a duplicate bond, numbered 158 in the denomina- '^ (", os; , (;,) tion of $5,000 dated Decmeber 1, 1979, maturing December 1, 2000, bearing f n:: ;, .~ interest at the rate of 7.125% per year, with Coupon No. 19 and all , 25 subsequently maturing coupons attached to the foregoing lost bond. ':'~ ., . - Section 2. The bond and coupons shall correspond in all respects to the ,':') L_"i original bond and coupons attached thereto, provided, however, that the ! ' ..' , ( duplicate bond shall be executed by the facsimile signature of the City , " Manager as successor to the Mayor and the signature of the Director of I ~. - c Finance as successor to the Clerk-Treasurer, and said coupons shall bear the , , c <> facsimile signature of the Director of Finance as successor to the Clerk- . V'l ...'" .-~ Treasurer, and provided further, that said bond and coupons shall express of_ _".,,-,. ... ~ clearly upon their faces that they are a duplicate bond and coupons. .., u .~~ ~ Section 3. The Director of Finance and City Manager of the City of Dublin are ,. C CJ ~:;i \.,;. 1_ 0 hereby authorized and directed to take any and all actions necessary and t3 H J.O. C proper to effectuate the execution, authentication and issuance of such - .i::' .=: duplicate bond and the coupons attached thereto, and all such actions to date -€ E c' ...c of either or both of those officials are hereby ratified, approved and v ::> >.Q confirmed. ...c _ c' 0 ... ~~ Section 4. This Council finds and determines that all formal actions of this _0 Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 5. This Ordinance is declared to be an emergency measure necessary f r the immediate preservation of the public peace, health, safety and welfare of the City, and for the further reason that this ordinance is required to be immediately effective in order to issue the duplicate bond and coupons attached thereto at the earliest possible time; wherefore this Ordinance shall be in full force and effect immediately upon its passage. Passed this 20th dal of August , 1990. / " . ~~,.. ,./ ,-~~.L/~ ---/<_-'::--'" /-Y,I ;;/F ..:::~" _ /;fv[ayor - Pres' Attest: Clerk of C uncil . - .- . , " - . . - AFFIDAVIT AND APPLICATION FOR REPLACEMENT OF BOND AND ATTACHED COUPONS TO BE SUBMITTED TO CITY OF DUBLIN, OHIO - STATE OF MISSOURI ) ) 55: 43-0345811 COUNTY OF ST. LOUIS ) Affiant, R.A.CHRISTENSEN, JR. , being duly sworn, says that: A. Affiant resides at 201 PROGRESS PARKWAY , MARYLAND HGTS , (number and street) (ci ty) MISSOURI 63043 . (state) (zip) B. Aff iant is OPERATIONS MANAGER of Edward D. Jones & Co. (1) (the Owner), a corporation having its principal office at 201 PROGRESS PARKWAY , MARYLAND HEIGHTS , MISSOURI , 63043 (number and street) (ci ty) (state) (zip) C. The Owner is the sole legal and beneficial owner of the following described City of Dublin Bond (with any attached coupons as described below, referred to as the "original bond"): Old Village Waterline Construction Bond No. 158, in the denomination of $5,000, dated December 1, 1979, maturing December 1, 2000, bearing interest at 7.125%, with I, 19__ and subsequent coupons attached. D. The original bond ~Gas acquired by the Owner on or about MAY 25 ,19 Jl~ and was lost/wrongfully taken/destroyed/mutilated (circle the appropriate word(s)) on or about MAY 30 , 19~, under the following circumstances: (2) BOND WAS LOST IN THE MAIL FROM OUR BRANCH OFFICE TO OUR HEADQUARTERS OFFICE E. The Owner has made, as described below, a diligent search for or attempt to recover the original bond and has been unable to find or recover the same: (3 ) WE SEARCHED EACH DEPARTMENT WHERE THE CERTIFICATE MIGHT HAVE BEEN AND CHECKED TO BE SURE IT WAS NOT DEPOSITED INTO THE WRONG ACCOUNT - 2. - - ... ..~-- . .:.; J . :J" I F. The Owner has not sold, assigned, pledged, transferred, deposited under any agreement, or hypothecated the original bond or any interest in that bond, or signed any power of attorney or other authorization respecting that bond which is now outstanding and in force, or otherwise disposed of that bond, and, other than the owner, no person, firm, corporation, agency or governmental agency has, or has asserted, any right, title, or interest in, to or respecting the original bond or its proceeds. G. The Owner agrees that if the original bond should ever come into the Owner's hands, custody or power, the Owner will immediately surrender and deliver that original bond to the Director of Finance of the City of Dublin. Affiant, on behalf of the Owner, hereby requests, and this Affidavit and Application is made for the purpose of inducing, the City of Dublin, Ohio, to execute and authenticate, and issue and deliver to the Owner, a new bond (including appropriate coupons attached thereto) in replacement of the original bond. The Owner agrees to pay the reasonable expenses and charges of the City of Dublin, Ohio, and bond counsel to the City of Dublin, Ohio, in connection with authorizing the aforesaid replacement. Affiant certifies that Affiant is duly authorized by the Owner to make this Aff idavit and Application, including the agreements herein, on behalf of the Owner. Date of signing , 19 (S;~'~:~'itf?d~ -- ~ (Signature) COUNTY OF III I sS OVv- . ) ) SS: STATE OF ST' LC.V':,f ) Sworn to and subscribed in my presence this J '1 ~l-v day of ~' 19fJ, by ~~.(!j,'--I.s felrtrC/o' -SR. (the Affiant), being the 'OPTIONS /nJ4,,;v, 12- of Edward D. Jon~s & Co. (the owner), who (title) acknowledged that the same is Affiant's voluntary act and deed on behalf of the Owner, duly authorized by the Owner, and that the same is the voluntary act and deed of the Owner. ~~b~~ [Seal] CJ;--:l rrOi "'':~!..IC~ m.';RY' f";"',:' ~.: 7: c' nS:OURI Si. :_:';.~':: ~:~::TY I:Y l:~~~c:2_ ~:-.-:'. :--,"; ~';.lJ~O