073-90 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:
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'" Section 1. Pursuant to the authority granted by Section 133.39 of the Ohio
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L.I Revised Code and to the assurances received by this Council hereinbefore
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.. C1) cited, there shall be issued a duplicate bond, numbered 158 in the denomina-
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, (;,) tion of $5,000 dated Decmeber 1, 1979, maturing December 1, 2000, bearing
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;, .~ 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.
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., . - Section 2. The bond and coupons shall correspond in all respects to the
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L_"i original bond and coupons attached thereto, provided, however, that the
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, ( 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
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- c Finance as successor to the Clerk-Treasurer, and said coupons shall bear the
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c <> facsimile signature of the Director of Finance as successor to the Clerk-
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...'" .-~ Treasurer, and provided further, that said bond and coupons shall express
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... ~ clearly upon their faces that they are a duplicate bond and coupons.
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.~~ ~ Section 3. The Director of Finance and City Manager of the City of Dublin are
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0 hereby authorized and directed to take any and all actions necessary and
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J.O. C proper to effectuate the execution, authentication and issuance of such
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.i::' .=: duplicate bond and the coupons attached thereto, and all such actions to date
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c' ...c of either or both of those officials are hereby ratified, approved and
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>.Q confirmed.
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~~ 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.
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/;fv[ayor - Pres' Attest: Clerk of C uncil
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AFFIDAVIT AND APPLICATION
FOR REPLACEMENT OF BOND AND ATTACHED COUPONS
TO BE SUBMITTED TO
CITY OF DUBLIN, OHIO
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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
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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~
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~ (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.
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