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HomeMy WebLinkAbout1969-OR-12ORDINANCE NO. An Ordinance concerning the construction by the City of Jeffersonville, Indiana, of improvements and extensions to its sewage works, the issuance of additional revenue bonds to provide funds application on the cost thereof, the collection, segregation and distribution of the revenues of said works, the safeguarding of the interests of the holders of said bgndsi:-and other matters con- netted therewith WHEREAS, the City of Jeffersonville now owns and operates sewage works for the collection and treatment ~gf sewage and other wastes, pursuant to Chapter'284 of the Acts of the Indi- ana General Assembly for the year~1967, and the acts amenda- tory thereof and supplemental thereto, and the Board of Public Works and Safety has represented and the common Council finds that certain improvements and extensions to said works are nec- essary; that plans, ~specifications and estimates have'been pre- pared and filed by the engineers employed by the City for the necessary improvements and extensions to the sewage works,~ which plans and specifications have been approved by all gov- ernmental authorities having jurisdiction, including particu- larly the Stream Pollution Control Board Of the State of Indi- ana, and the State Board of Health; and WHEREAS, the Council further ~finds that bids for the con- struction of said ~mprovements~and extensions .have been re- ceived and that the cost of said'improvements.and extensions to the works, as defined in Sec. 1 of said governing statute, will be in the estimated amount, of Two Million Nine Hundred Seventy-eight Thousand Forty-nine Dollars ($2,978,049); that federal grants in the amount of One Million Two Hundred Thirty- four Thousand Two Hundred Dollars ($1,234,200) and a state grant in the amount of Five Hundred Sixty-one Thousand Dollars ($561,000) have been made available for application on the cost of the project, and the sum of Seventy-two Thousand Eight Hundred Forty-nine Dollars ($72,849) from available funds of the sewage works ~s available for application on such cost, leaving a balance of One Million One Hundred Ten Thousand Dollars ($1,110,000) to be financed by the issuance of revenue bonds under the provisions of said Act; and WHEREAS, pursuant to Ordinance No. 1607, adopted by the Common Council of the City on October 7, 1963, as amended by Ordinance No. 1608, adopted on November 4, 1963, the City has heretofore issued and now has outstanding revenue bonds payable from the revenues of said sewage works, designated "Sewage Works Revenue Refunding Bonds," dated December 1, 1963, outstanding in the amount of One Million Seven Hundred Fifty-five Thousand Dollars ($1,755,0.00), bearing interest at the rates of four per cent (4%), three and one-fourth per cent (3-1/4%), three and three-eighths per cent (3-3/8%), three and one-half per cent (3-1/2%), three and sixty-hundredths per cent (3.60%), and three and seventy-hundredths per cent (3.70%) per annum, depending upon the maturities, and maturing serially on December 1 in the years 1969 to 1988 inclusive; and WHEREAS, Sec. 12 of said Ordinance No. 1607, as amended, authorizes the issuance of additional revenue bonds ranking on a parity with said now outstanding bonds, provided certain conditions are met, and Mr. Charles Reich, Certified Public Accountant of the firm of Yeager, ~Ford & Warren, Louisville, Kentucky, employed by the City~ has analyzed the records of the sewage works and has prepared showings demonstrating com- pliance with the conditions for the issuance of additional parity bonds; and WHEREAS, the Council now finds that all conditions pre- cedent to the adoption of an ordinance authorizing the issu- ance of additional parity bonds to provide the necessary funds to be applied on the cost of such additional improve- ments and extensions have been complied with an accordance with the provisions of the governing statute; now therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA: Section 1. That the Board of Public Works and Safety be and it is hereby authorized and directed to proceed with the construction of improvements and extensions to the sew- age works owned and operated by the City of Jeffersonville, in accordance with the plans and specifications heretofore prepared and filed by Moore and Heger, engineers of Indianap- olis, Indiana, which plans aqd specifications are now on file in the office of the Board of.Public Works and Safety and are hereby adopted and approved and by reference made a part of this ordinance as fully as if the same were attached hereto and incorporated herein, also to acquire the necessary prop- erty therefor; provided that'the cost of construction of the improvements and extensions tos~d works and the acquisition of the necessary property therefor shall.not exceed the sum of Two Million Nine Hundred Seventy-eiqht Thousand Forty-nine Dol- lars ($2,978,049). The actions of the Board of Public Works and Safety in and about the construction and financing of said improvements and extensions to the sewage works be and the same are hereby approved, ratified and confirmed. The terms "sew- age works," "works," and other like terms where used in this ordinance shall'be construed to mean and include the'existing structures and property and all improvements, extensions and - 3 - additions thereto. Said improvements and extensions shall be constructed and the bonds herein authorized shall be is- sued pursuant to and in accordance with the provisions of Chapter 284 of the Acts of the Indiana General Assembly for the year 1967, and all acts amendatory thereof and supple- mental thereto, hereinafter sometimes referred to as the "Act." Sec. 2. Said improvements and extensions, consisting of lift station including comminutors, pumps, .piping, and force main; lands, rights-of-way, and easements; alterations to combination existing pump station and,administration build- ing; new sewage lift pumps; grit removal system; primary set- tling tanks, aeration system, final settling tanks; conver- sion of sludge digester to sludge thickener and holding tank; conversion of primary settling tanks to chlorine contact tanks; sewage, air and sludge metering systems; interconnecting pip- ing and appurtenances; wet air oxidation system and sludge de- watering system; electrical work; Hamburg Pike and Arctic Springs main sewers and appurtenant'lift station and force main; and all other necessary equipment, structures and ap- purtenances, shall be acquired and constructed in accordance with the plans, .specifications'and .estimates hereinbefore re- ferred to. Sec. 3. The City of Jeffersonville shall issue its sew- age works revenue bonds in the amount of One Million One Hun- dred Ten Thousand Dollars ($1,110,000) for the purpose of pro- curing funds to be applied on the cost of said works, as de- fined in Sec. 1 of said Act. Said bonds shall be issued in the denomination of Five Thousand Dollars ($5,000), numbered consecutively from 1 - 4 upwards, dated as of June 1, 1969, and shall bear interest at a rate or rates not exceeding six and one-half per cent (6-1/2%) per annum, payable on the first days of June and December an each year, beginning 'on December 1, 1969. Such interest shall be evidenced by coupons attached to said bonds. Both bonds and interest coupons shall be payable in lawful money of the United States of America, at The Clark county State Bank, in the City of Jeffersonville, Indiana, or, at the option of the holder, at the Continental Illinois Nation- al Bank and' Trust Company of Chicago, in the City of Chicago, Illinois, and such bonds shall ma{ure serially in numerical order on December 1 in the years and amounts as follows: Year Amount Year 1984 $ 5,000 1996 1985 5,000 1997 1986 10,000 1998 1987 1~,000 ~ .~ ' 1999 1988 15,000 2000 1989 30,000 2001 1990 30,000 2002 1991 35,000 2003 1992 35,000 2004 1993 40,000 2005 1994 40,000 2006 1995 40,000 2007 ~2008 Amount $45,000 45,000 50,000 50,000 55 000 60 000 60 000 65 000 70 000 70 000 75 000%< 85,000 85,000 Sec. 4. The bonds of this issue maturing on December 1, 1979, and thereafter, shall be redeemable at the option of the City, in whole or in part, on June 1, 1979, or any interest payment date thereafter, in inverse chronological order of ma- ' turity and by lot within ~ maturity, at face value, together with the following premiums: '~ :~ 5% if redeemed on'June 1, before December 1, 4% if redeemed on June 1, before December 1, 3% if..redeemed on June 1, before December 1, 2% if~redeemed on June 1, 1979, or thereafter, on or 19'84; 1985, or thereafter on or 1990; 1991, or thereafter on or 1996; 1997, or thereafter on or before December 1,. 2002; if redeemed on June 1, 200.3, or thereafte~ prior to maturity; 1% plus in each case accrued interest to the date fixed for re- demption. Notice of such redemption shall be published at least one time in a newspaper or financial journal of gener- al circulation published in the City of Jeffersonville, Indi- ana, a financial journal of general circulation published the City of Indianapolis, Indiana, and in The'Bond Buyer pub- lished in the City and State of New York, or if such finan- cial journal should cease publication, then in another finan- cial journal published in the City and State of New York; not less than thirty (30) days prior to the date fixed for redemp- tion. If any of the bonds so to be redeemed are registered, registered City. The notice shall specify'the date and place of redemption, and the serial numbers of the bonds called for redemption. The place of redemption may be as determined by the City. Interest on the bonds so called for redemption shall cease on the redemp- tion date fixed in said notice, if sufficient funds are avail- able at the place of redemption to pay the redemption price on the date so named, and when said bonds shall be presented for redemption. Sec. 5. Said bonds shall be signed in the name~of.~th~ City of Jeffersonville by the Mayor, and attested by the Clerk- Treasurer,.who shall affix the seal of said City te each of said bonds. The interest coupons attached to said bo~ds shall be executed by placing thereon the facsimile signatures of said Mayor and Clerk-Treasurer, and said officials, ~by the~ signing of said bonds, shall adopt as and for their own tures their facsimile signaturesappearing Said bonds shall have and incidents of negotiable instruments under the laws of the State of Indi- ana. Said bonds shall be negotiable by delivery unless regis- tered. Upon presentation of any of the bonds at the office of the Clerk-Treasurer in the City of Jeffersonville, said Clerk-Treasurer shall register said bonds as to principal without charge or expense to the holder. Such registry shall be noted on each bond so presented, after which no transfer thereof shall be valid unless made by the registered owner in person or by his attorney duly authorized and similarly noted on such bond, but bonds so registered may be discharged from registry by being in like manner retransferred to bearer, ~af- ter which they shall be transferable by delivery but may again be registered as before. The registration of any bond shall not affect the negotiability_of the interest coupons attached thereto, but such coupons shall continue to pass by delivery merely and shall remain payable to bearer. Said bonds, certain now outstanding bonds in the amount of One Million Seven Hundred Fifty-five Thousand Dollars ($1,755,000) ranking on a parity.therewith, and any bonds hereafter issued on a parity therewith, as to both principal and interest, shall be payable from and secured by an irrevo- cable pledge of and shall constitute a first charge upon all the net revenues (herein defined as gross revenues after de- duction only for the payment of the reasonable expenses Of operation, .repair and maintenanoe) derivedfrom the sewage works of the City of Jeffersonville, including the existing works, the improvements and extensions herein authorized to be acquired and constructed, and all additions and improve- ments thereto and replacements thereof - 7 or acquired. The City shall not be obligated to pay said bonds or the interest thereon except from the net revenues of said works, and said bonds shall not constitute an indebt- edness of the City of Jeffersonville within the meaning of the provisions and limitations of the constitution of the State of Indiana. Sec. 6. The form and tenor of said bonds, the inter- est coupons to be attached thereto, and the form of registry endorsement thereon shall be substantially as follows, all blanks to be filled in properly prior to delivery thereof: No. State UNITED STATES OF AMERICA of Indiana County of Clark $5,000 CITY OF JEFFERSONVILLE SEWAGE WORKS P~EVENUE BOND OF 1969 The City of Jeffersonville, in Clark County, State of Indiana, for value received, hereby prom- ises to pay to the bearer, or if this bond be regis- tered then to the registered.holder, solely out of the special revenue to, the principal amount of FIVE THOUSAND DOLLARS on the first day of December, (unless this bond.~ be subject to and be called for redemption prior to maturity as hereinafter provided), and to pay inter- est thereon from the date hereof until the principal is paid, at the rate of per cent ( %) per annum, payable, on the first days of June and December 'in-each year, .beginning on December 1, 1969, upon presentation and surrender of the annexed coupons as they severall~ become due. Both principal and interest of this bond are payable in lawful money,of the United States of Ameri? ca; at The Clark County .State'Bank? in the City of Jeffersonville, indiana/or,~ia~ t~e Option Of the holder, at the Continental'illinois National Bank and Trust Company of IllinOis. This bond is one of an authorized issue of two hundred twenty-two (222) bonds of the City of Jeffer- sonville, of like date, tenor and effect, except as to interest rates-and date maturity, in the total amount of One Million One Hundred Ten Thousand Dol- lars ($1,110,000), numbered from 1 to 222 inclusive, issued for the purpose of providing funds to pay the cost of improvements and extensions to the sewage works of the City, as authorized by an ordinance adopted by the Common Council of the City of Jeffer- sonville on the day of , 1969, entitled "An Ordinance concerning the construction by the City of Jeffersonville, Indiana, of improve- ments and extensions to its sewage works, the issu- ance of additional revenue bonds to provide funds for application on the cost'thereof, the-collection, segregation and distribution of the revenues of said works, the safeguarding of the interests of the hold- ers"of said bonds, and other matters connected there- with," and in strict compliance with the provisions of Chapter 284 of the Acts of the Indiana General Assembly for the year 1967, and the acts amendatory thereof and supplemental thereto. Pursuant to the provisiohs of said Act and said ordinance, the principal and interest of this bond and all other bonds of said issue, certain now out- standing bonds in the amount of One Million Seven'- Hundred Fifty-five Thousand Dollars [$.1,755,000), iss~ed"under date of December 1, 1963, and maturing serially on December 1 in the~years 1969ito 1988 in-~ clusive, ranking on a parity therewith, and any bonds hereafter issued on a parity therewith, are payable solely from the Sewage Works~SyStem Revenue Bond Ac- count (heretofore created by Ordinance No. 1607, adopted October 7, 1963) to be provided from the net revenues (herein defined as gross revenues after de' duction only for the payment of the reasonable ex- penses of operation, repair and maintenance) of the ~ewage works of the City of.Jeffersonville, includ- ing the existing Works, the'~improvements and exten- sions constructed or acquired by.the use of the pro- ceeds of this bond and the~issue of which it is a part, and all improvements'and extensions thereto and replacements thereof subsequently constructed or acquired. This bond shall'not constitute an in- debtedness of the City of Jeffersonville within the meaning of the provisions, and limitations of the con-. stibution of the State ofiIndiana, and the City shall. not be obligated to pay this bond or the interest- thereon except from )rovided f said net revenue~.~%/~_~ The~City of Jeffersonville irrevocably pledges the entire net revenues of'isaid sewage works to the.. prompt payment of the principal?and'interest of thei~ bonds issued on account of~the construction of Said'. improvements and extensions'~to the sewage works of the Cit~ of which this is one, the now outstanding bonds heretofore issued, and any bonds'hereafter is-'~ ' sued on a parity therewith, to'the extent required, and covenants that it will cause to be fixed, main- tained and collected such rates and charges for serv- ice rendered by said sufficient in each year for the payment of the proper and reasonable ex- penses of operation, repair, replacements and mainte- nance of said works, and for the payment of the sums required to be paid into said Sewage Works System Rev- enue Bond Account under the provisions of said Act and said ordinance. In the event the City of Jeffer- sonville, or the proper officers thereof, shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in the payment of the interest on or principal of this bond, the holder of this bond shall have all .of the rights and remedies provided for in said Chapter 284 of the Acts of 1967, and the acts amendatory thereof and supple- mental thereto, including the right to have a receiv- er appointed to administer the works and to charge and collect rates sufficient to provide for the pay- ment of this bond and the interest thereon. The City of Jeffersonville further covenants that it will set aside and pay into its Sewage Works System Revenue Bond Account a sufficient amount of the net revenues of said works to meet (a) the interest on all bonds payable from said Revenue Bond Account as such interest shall fall due, (b) the necessary fiscal agen- cy charges for paying the bonds and interest, (c) the principal of all bonds payable from said'Revenue Bond Account as such principal shall fall due, and (d) an additional amount as a margin of safety to create and maintain the reserve required by the ordinance author- izing the issuance of this bond. Such required pay- ments shall constitute a first charge upon all the net revenues of said works. This bond and all other bonds of said issue shall have all the qualities and incidents of negotiable in- struments under the laws of the State of Indiana. This bond may be registered as to principal at the office of the Clerk-Treasurer in the City of Jeffersonville, Indiana, in the name of the owner hereof, and such~ registration noted hereon by said Clerk-Treasurer. Thereafter no transfer hereof shall be valid unless' made at said office by the registered owner in person or by his duly authorized attorney and similarly noted hereon, but this bond may be discharged' from registra- tion by being in like manner transferred to bearer and may again from time to time ~be registered or transferred to bearer as before. Such registration shall not re- strict or affect the negotiability of~.the interest cou- pons hereto attached by delivery only, but such 'inter- est coupons shall always be. payable to bearer. ~'~i .. The bonds of this issue maturing on December 1, 1979, and thereafter, are redeemable at the option of the City, in whole or in part, on June 1, 1979, or any interest payment date thereafter, in inverse chrono- logical order of maturity and by lot within a maturity, at face value, together with the following premiums: - 10 5% if redeemed on June 1, 1979, or thereafter on or before December 1, 1984; ' 4% if redeemed on June 1, 1985, or thereafter on or before December 1, 1990; 3% if redeemed on June 1, 1991, or thereafter on or before December 1~ 1996; 2% if redeemed on June 1, 1997, or thereafter on or before December 1,' 2002; 1% if redeemed on June 1, 2003, or thereafter~'I' prior to maturity; ~- plus in each case accrued interest to the date fixed for redemption. Notice of such redemption shall be published one time at least thirty (30) days prior to the date fixed for redemption in a newspaper or finan- cial journal of general circulation published in the City of jeffersonville, Indiana, a financial journal of general circulation published in the City of Indi- anapolis, Indiana, and in,The Bond Buyer p~blished in the City and State of New York, or if such financial journal should cease publication, then~in another fi- nancial journal published in the Cityand State of New York. A like notice shall be sent by mail. to the hold~ ers of such bonds as are th~n registered. ' Interest on bonds So Called for redemp%i0n shatt cease on the re- demption date fixed in said notice, if funds are avail- able at the place of redemption to pay the redemption price on the date so named and when presented for pay- merit. If any bond or interest coupon shall not be pre- sented for payment or redemption on the date fixed therefor, the City may deposit in trust with The Clark County State Bank, in the City of. Jeffersonvilte, Indi- ana, an amount sufficient ~to pay such bond or intere~ coupon or the redemption price thereof, as the case may be, and thereafter the holder shall look only to the funds so d~posited in. trust with said b.ank for pay- ment and the City shall have no further o~llgati~n or~ liability in respect t~ere~o.' .i'~.!i ~ ~ 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. ~ %~. '~ IN WITNESS WHEP~EOF, the City of Jeffersonville, in Clark County, State of ~.ndiana, .has caused this bond %o be executed in its corporate name by its Mayor, its c~rporate seal to be hereunto affixed and attebt~d by its Clerk'~r~aSurer, and the~interest cou- pons hereto-attached to be executed by-placing thereon the facslmiiesignatures of said Mayor and ClerkLTreas-.; ' ! urer,: as Of'the first day o{ June, 1969. CiTY~FTJEFFE~,.NV~LE .~ ~' M~yo~ ~ · Attes~ reasurer - ll - (Interest Coupon) Coupon No. $ On 1, (unless the bond herein mentioned shall be subject to and shall have been called for previous redemp- tion), the City of Jeffersonville, Indiana, will pay to bearer at The Clark County State Bank, in the City of Jeffersonville, Indiana, or, at the option of the holder, at the Continental Ill%nois ~ National Bank and Trust Company of Chicago, in thei City of Chicago, Illinois, out of its Sewage Works? System Revenue Bond Account, Dollars in lawful money of the United States of Amer- ica, being the interest then due on its Sewage Works Revenue Bond of 1969, dated June 1, 1969, No. CITY OF JEFFERSONVILLE By (Facsimile) Mayor (Facsimile) Clerk-Treasurer REGISTRATION ENDORSEMENT This bond can be registered only at the office of the Clerk-Treasurer'in the City of Jeffersonville, Indiana. No writing hereon'except by the Clerk-Treas- urer. In Whose Name. Date of Registry Registered ' Clerk-Treasurer Sec. 7. The rected to have said and Clerk-Treasurer are hereby hereby authorized prepared, .and the and directed to exe- cute said bonds and the interest.coupons to be attached there- to, in the form and manner herein~provided. After said bonds have been properly executed, shall be au- thorized 'to deliver the~bonds [, purchaser and t~re~eive the purchase price thereof, .which~:shall not be less than the face value of said bonds, plus accrued interest from the date thereof to the date of ~ oonds herein authorized, when fully paid for and delivered to the purchaser, shall be t~e binding special revenue obligations of the City, pay- able out of the revenues of the City's sewage works to be set aside into the Sewage Works System Revenue Bond Account as herein provided, and'the proceeds derived from the sale of said bonds shall be and are hereby set aside for applica- tion on the cost of acquisition, construction and installa- tion of the improvements and extensions to said sewage works hereinbefore referred to, and the expenses necessarily in- curred in connection therewith; The proper officers of the City are hereby directed to draw ~11 proper and necessary warrants, and to do whatever acts and things which may necessary to carry out the provisions of this ordinance~ Sec. 8. Prior to the sale of said bonds the Clerk. Treasurer shall cause to be published a notice of such sate once each week for two (2) weeks in The Evening News and the Clark County Journal, newspapers published in the City of Jef- fersonville, and one time an The Indianapolis Commercial, ~the last publication to be at least seven (7) days prior to the date fixed for said sale. Saidlnotice or a summary thereof may also be published in a newspaper or financial journal pub- lished in the City of New York,~New York, in the discretion of the Clerk-Treasurer. The bond sale notice shall state the time and place of sale, the character and amount of the bonds, the maximum rate of interest thereon, the terms and conditions upon which bids will be received and the sale made, and such other information as the Clerk-Treasurer and the attorneys employed by.the City shall deem advisable. Said.notice shall provide, among other things, that each bid shall be accompa- nied by a certified or oashier~!s the amount of two - 13 per cent (2%) of the principal amount of the bonds, to guar- antee~'performance on the part of the bidder, ·and that in the event the successful bidder shall ·fail or refuse to accept delivery of the bonds and pay'for the same as soon as the.~ bonds are ready for delivery; .or at' the time fixed in the~ notice of sale, then said check and the proceeds thereof shall be the property of the City and shall ~e considered as its liquid~ted damages on account, of such default. All bids for said bonds shall'be sealed and shall be pre. sented to ~he Clerk-Treasurer at hzs offzce;~ ~Bldders f r bonds shall be required to'name th~ rate rates of interest which the bonds are to bear, .notexceeding the maximum rate hereinbefore fixed~' Such interest rate or rates shall be' in multiples of one-eighth (1/8) orlone-tenth (1/10) of One per cent (1%), and not more than '.(5) different shall be named by each bidder, rate may b~ out being considered a dif than one interest rate shall interest rates with-' more ~ -turities of the bonds bearing eac rate, lng on the~same date shall bear~the same rate~i~ The differ-' ~ence between the highest rate ~.d lowest rate in a bid shall not exceed a rate differential o,f (2%).. The in- terest' due on any'. interest p~ · awarded bye' the Clerk~Treasurer der who has submitted his this ordinance and the be the one who offers the lowest ~t,cost to:the City, to be determined by computing the total interest on all of the bonds to their maturities and therefrom'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 right to, reject any and all bids shall be reserved. In the event an acceptable bid is not received on the date fixed in the notice, urer shall be authorized to continue the sale from day to day for a period of not to exceed thirty (30) days, but dur- ing such continuation no bid shall be accepted which is low- er than the highest bid offered at the advertised sale. Prior to the delivery of said bonds the Clerk-Treasurer shall obtain a legal opinion as to'the validi~y~of the'bonds from Ice Miller Donadio & Ryan, as bond counsel for the City, and such opinion shal~ ~E ers of the bonds at the expense of the City. The fee of such bond counsel shall be considered as~a part of the cost of the project on account of which said bonds'~are issued and shall be paid out of.the proceeds of said bonds. Sec. 9~ The accrued interest and premium received at the time of deli posited in the Sewaqe Works System Revenue Bond Accoun~herg~ inafter referred to~. The remaining.proceeds from said bonds shall be deposited in bank or banks wh~¢h are le gally designated depositories for the funds of the City, in designated as C~ty of special account or~ accounts to be ' ' Jef~ fersonville, Sewage Works Construction Account." Ail deposited to the credit of sai~ Sewage Works Contruction Ac- count shall be , secured or il : ance of the State Indiana~ relating to the depositing,"iholding, Securing. or~ i~est~ng of~ public funds, including particularly Chapter 9~ :~e Acts of 1945 as amended. The funds in said special account or accounts shall be expended only for the purpose of paying the cost of the improvements and extensions to the works, as defined in Sec. 1 of said Chapter 284 of the Acts of 1967, or as otherwise required by said Act. Any balance or balances remaining un- expended in such special construction account or accounts af- ter completion of the improvements and extensions to the works, which are not required to meet unpaid obligations incurred in connection with such construction, shall be paid into the Sew- age Works System Revenue Bond Account and shall be used sole- - ly for the purposes of said Account. Subject to the approval of the Board of Public Works and Safety, the,Clerk-Treasurer shall, be authorized to invest in direct obligations of the United States Government such por- tiontol the funds in said Construction Account as shall not be required for immediate use, provided that no such investment shall be made at a cost in excess of the par value of the se- curities purchased, and that none of the funds shall be in- vested in any securities the maturity date of which is'later than the time when such funds are required to be available for the purposes thereof, or if the' time when such~funds required for use cannot be ~ investment be made only in securities having a-maturity date of one (1) year or less from the date of purchase. Such investment shall be made in strict accordance with the provisions of Chapter 9 any interest or other accretions derived from a~y such?in- vestments shall become a part of ~the funds invested. formity with the provisions. statutes', 16 - shall be entitled to a lien on the pro- 'ect holders of said bonds ceeds'of said bonds until the same are applied on the ] on account of which said bonds were issued., ~ ~' Sec. 10. The special fund created and designated as the "Operation and Maintenance Fund" by Ordinance No. 1607, amended, is hereby designated and constituted ~the Operation and Maintenance Fund under this ordinance, .and on the first,, day of each month there shall be set aside and paid into said fund an amount which with any unexpended balance therein is considered necessary and sufficient to pay the reasonable cur- rent expenses of operating and~ maintaining Said municipal sew- age treatment works for the current month. After said. first day of the month further payments,may~be made into said_ifund from the gross revenues of the works but only if and to the extent necessary to pay such ~operation and maintenance e penses actually accrued and payable and to the · funds for such purpose are not then available. Sec. 11. The special fund ~esignated "Sewage Works System Revenue Bond Account". created by Ordinance No. 1607, adopted on October 7,~1963; ~for the pa ~yment of the principal of and interest on'the now outstanding Sewage Works Revenue Refunding Bonds/authorized by said ordinance, is hereby designated and constituted the, sinking fund for, the payment of the interest on and Principal'of the reve- nue bonds herein authoriZed to.be issued'on account cf the construction of said improvements~and e~tensions, and any bonds hereafter issued on a ,ment of any fiscal agency charges in connection payment of bonds and interest coupons~ There shall be set aside and paid into said Sewage W~orks S' Account (hereinafter called "Sinking Fund") such amount as will he sufficient to pay the principal of and interest on all bonds payable from said account as the same respectively become due and to maintain a reasonable reserve therefor. It is hereby determined that the minimum amount to be so set aside into said Sinking Fund during the periods of twelve (12) months preceding November 30 .of each year shall less than as follows: A sum equal to one hundred per cent (100%) the principal of all bonds payable from said Sink- lng Fund maturing an the-De0ember 1 next succeed- ing, plus a sum equal to one,hundred per cent (100%). of the interest becoming due on and~prior to the December 1 next succeeding on all of~Said ou~stand- ing bonds; provided, that until there has been ac- cumulated in such Sinking Fund as a reserve an amount equal to one (1) year's average principal and interest on the bonds then amounts to be so set apart and paid shalllbe c hundred twenty per ceni amoun puted .and determined as and so; that no further payments ~eed be made.: Sinking Fund When and so'long as is sufficient to retirelall of said bonds standing and pay all inte prior to such retirement Such payments into said monthly installments When the first ?ay of any month shall be a day, then such paymen .:.therein ';: the~ ,equal cept that ~' or ~a 18 - lar day. The amount by which any such payment in any year exceeds the aggregate amount of interest and the amount of principal as the same become due shall be held in said spe- cial fund as a reserve for contingencies and Used solely as herein provided. Whenever additional bonds ranking on a parity with the bonds hereby authorized are issued under the conditions and restrictions hereinafter set forth, provision shall be made for additional payments to be made into said Sinking Fund for the purpose of meeting the interest on and principal of said additional bonds as and when {he same become due and to provide a reserve therefor. If in any year the City shai~for any reason fail to pay into said Sinking Fund the full amount above stipulated, then an amount equivalent to one hundred twenty per cent (120%) of such deficiency shall be set apart and paid into said Sinking Fund from the first available net revenues, being the gross revenues after deduction of reasonable operating and mainte- nance expenses, of the following year or years, and same shall be in addition to the amount otherwise herein provided to be so set apart and paid during such succeeding year or years. If for any reason the City shall fail to make any such payments into such Sinking Fund, as aforesaid, ~during any year, any sums then held as a reserve for contingencies shall be used for the payment of any po~ion of the principal~and/or interest as to which there would otherwise be default, but such reserve shall be reimbursed therefor from the first available payments made into the Sinking Fund in the following year or years in excess of the required payment for the ~hen current fiscal year. - 19 Ail moneys held in said Sinking Fund shall be deposited in banks and all such deposits in excess of Ten Thousand Dol- lars ($10,000) in any one bank shall-be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value or shall be in- vested in direct obligations of the United States Government; provided, however, that a sufficient amount of such obliga-~ tions shall be sold in the event that it shall prove neces- sary to draw upon said reserve investments. In the event the net income and revenues during any month are inadequate to make the r~quired payment into said Sinking Fund, the deficiency shall be made up and pa~id as aforesaid from the first net income and revenues thereafter received, such net revenues being the gross revenues after deduction of reasonable operating and maintenance expenses, and same shall be in addition to payments otherwise provided to be made in such succeeding month or months. The "Sewage Works System Revenue Bond Account,"~ as aforesaid, shall be used solely and only and is hereby pledged exclusively for the purpose of paying the principali.~of and interest on the bonds herein authorized to be issued, and bonds ranking on a parity therewith. Sec. 12. The special'fund created and designated'as the "Depreciation Fund, by said Ordinance No. 1607, as amended, is hereby constituted and designated the Depreciat thisordinance, and there Lid each year into said fund from the balance of the ~net income and revenues of the municipal sewage treatment works remaining after first making the required payments Works System Revenue. BQnd Account the 20 - into the "Sewage One Thousand Dollars [$1,000) on the first dayof each month in each year until such time as there has been accumulated in said ciation Fund the sum of Fifty Thousand Dollars ($50,00( moneys credited to shall be accumulated to pay any extraordinary cost sewage treatment works in an efficient operating conditior and to pay the cost of making any.improvements, additions or constructions deposit in said Depreciation Fund credited to the "Sewage works S~ whenever necessary to prevent or. r6medy The moneys on ansferred Bond Account'! a default in the pay- ment of the principal to be issued under ing on a'parity th authorized is~ordinance or bonds :- to whatever extent it may become necessary =o use the foregoing purposes, L reserve for any of said Depreciation Fund shall be resumed at the rate sand Dollars ($1,000) each month until such time as the money on deposit in said fund again equals Fifty Thousand Dollars ($50,000). Any ac- cumulations of such Depre~iation~Fund may beinvested as the Common Council may' designate a~d,~ if invested, the' income from the investments shall' be c~rried in the Depreciation Fund, and said fund and the proceeds-thereof shall not be used for any purposes other than as. herein provided. Sec. 13. The special fund created and designated as the "Special Investment Fund'! by Ordinance NO. 160 ed, is hereby nated Inves ment Fund under thJ and paid into said fund al~ the sewage works income and revenues of fi=st makin¢ required payments into the "Sewage Works System Revenue Bond Account" and the "Depreciation Fund." Ail moneys credited 'to said "Special Investment Fund"!~shall be transferred and credited to the "Sewage Works System Revenue Bond Account" whenever necessary to prevent or remedy a default in.the pay- ment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds rank- ing on a parity therewith, and all of such money not required to be used for preventing or remedying any .such default may b~ Used~0 pay operation and maintenance expenses actually accrUed and payable to the exten~at~funds for such pur- pose are not then available in the Operation and Maintenance Fund, to pay the or improvements, cost of additionaljsewage treatment works extensions, additions or constructions to the municipal sewage treatment works, or to purohase said bonds then outstanding at not exceeding par and accrued interest, and if and to whatever extent not'used for any of · the foregoing purposes, such remaini..ng net income and rove- nues shall be accumulated, used and applied to call and re- · deem such bonds maturity. All moneys held J vided under the terms of in lawfuldeposit0ries~f~th~ held and secured as.provided diana ~ ~t2 as may be then Subject to redemption prior'to )arate funds pro- i~L14. While the bonds of them, 'remain outstandin( ices rendered by the said sewage and to -=ns,~ cons shall be reasonable and just, taking into account eration the cost and value of said sewa( )rks 'and the cos and operating th~ same and prop, er and necessary allowances for depreciation thereof amounts necessary for the retirement of all bonds and the ac- on all such bonds as may be issued and are un- paid under the provisions of this ordinance and on a parity,therewith, together. With. a reasonable reserve,~ ~ there shall be charged against all of SdCh citizens, corpora- tions and others, such rates and amounts as shall be to meet the requirements Of this and the hereof. Insofar as consistent with the'laws of Indiana, said City agrees that so long as any of the bonds herein authorized re- main outstanding it will keep proper books of and. ~ ac- count, separate from all showing complete'and correct' ing to said sewage treatment ers of said Sewage ~orksi'Revenue ing shall have'_the.r~ght,.~ )al records ~ · all.transactions relat- holder or accounts and d~' 6f the, City .u shall require the person in ¢ works to make amon. thl~ repor~t to the common operation Of the works, of the re and disbUr: and the of ! to the as requir~ each chaser of ,th( 11 be hereby author1: ~ · that it will withi] ~ 's calendar year cause an accounting study and report o: books and accounts to be made by a certified public accoun~- ant not in the regular employ of the City showing the and disbursements for account 'of the municipal sewage ment works and facilities and that copies of such re be forWarded to any holder of any ~of the bonds authorlze¢ be issued un~er ~e terms ~ ordinance upon re¢ Each such report, in addition Whatever.matters may~ thought proper~by the accountant to be included therein shall include the following: {a) A statement in detail of the income and penditures of the municip .works for such year. (b) The accountant's comments regarding the in which the City: has'carried out the rec ments of this tions for any -operation of (c)'~'A list of ordinance, and his changes or.Improvements in and facilities~ allthe<insurance in end o~ th9 period~ and :.Operati0ni . The . covenan and agrees with the holder or holders 'of the bonds herein au- thorized to be issued, and any o: will faithful-' ly and punctually perform all ~s with reference to sewage treatment works required by - of the State of 3'Indiana, including the making and co/ of reasonable and sufficient rates for services rendered by, and will segregate the revenues of said works and make apPlication thereof into the respective funds.~.provided by'this ordinance; and the City hereby.~irrevocably covenants;~binds and obligates itself not to sell, lease, or in-any manner dispose of said sewage~rea~ment works, including any and all extensions and additio~ that be made th, until all of the bonds herein au~.~ized bonds ranking on a parity therewith shall ~ave been paid in full, both principal and interest, or unless provision further covenants and agrees w~ Df said bonds to maintain in good condition and ~ontinuously o~ e said sewage treatment works and to charge and collect such rates and charges for services rendered revenues b tion and fa~iiitieS insUred againSt ioss'~r.~ of a responsible insurance company or companies authorized and qualified under the laws of the State of Indiana to as- i Sume such risks.' coverage Of insurance shall be for the full amount of the'insurable ~ubject to the deduction from any loss or damage (except in case of a 1 loss not more than five per cent (5%) of such insura~!e ~alue,. and further covenants and said City~ agrees in like manner to carry public liability and property damage insurance ing such risks and for such amounts'as th~ Board of Works and Safety of said City determines from time to be necessary or advisable by,reason of the chara the operation of the works and facilitiesi~ moneys received for~losses under insurance poll other than public liability, shall be l ~n maki~g~ the loss or damage in respect of which they were paid either i by repairing the property damaged or. destroyed, and provision for .mak age shall be made withi loss~ The proceedsderived'from lic~liability shali"b~used which they were · surancepolicies required shall be considered an operation Sec. '16 For the further protection o~ the the bonds herein authorized to:be issued and to at~ached, any holder of said , of~e~%co~pons may, either at law or' in equity., other proceedings~-enforce and compel performance .of ies imposed by law' and this ordinance; including the~maki and collecting of sufficiel the income and revenues and the application thereof. If there be any default in the payment of the prlnc of or interest on any of said bonds, then upon the suit by any holder of said bonds;'any?court having j~ tion of the action may appoint a receiver to sewage treatment works on behalf of the City, with charge and collect rates sufficient to provide for ment of any bonds or obligations outstanding agains works and for the payment of the operating expenses, apply the income and revenues in conformity with nance~and the provisions of the laws of Indianal Sec. 17. The bonds authorized.to be issued here and from time to time outstanding~shali not be priority one over the other an 'the application of the nues of said sewage treatment works, regardless of or times of their issuance, it being the ~intenti0n shall be no priority among the bonds aut] under the provisions of this ordinance, that they may be actually : times, and provided other bonds or obligations herea issued from the income or revenues f and. for sewage =re sonville hereby reserves the right_~ additional bonds from time source and ranking on a parity with the ized to ~'~'~issued in order to pay~ the cost ¢ age treatment ~orks or additions ~ of extensions or constructions to ~e ment Works but only if there .s~ll have first been cured and filed 'W.~h the urer ( :statement by an independent not in the regular employ of the City reciting'the ( b. ased upon necessary investigations that the hgt..revenues of said municipal sewage treatment works for the~precedl g calendar year (with adj hereinafter provided) were equal to at least one and'~e-half average annual principal and interest requireme '-annually on be bonds then outstanding and the issued, and provided also that the for any such additional i and December 1 of each ritie~ of such additional bonds Shall be on December of subs tan~~ for th~.wo~ks'and facili~ appli¢ into~:~ritten ly is 1 of the year in which come due~-andprovided any such additional.bonds it has tracts for~the immediate acqu ~the necessary materials constructed or acquired ofsuch net revenues"-.are defi recognized acc°untingl praeti~.l · but "shal ad-' ~.d an independent consulting City and not otherwise treatment works of said City, extensions or constructions ther, revision in the schedule of ra not in the employ of ~he the municipal sewage o, so as t° refle6t (1) any ges being~:imposed · at the time of the issuance of any such additional bonds (2) new customers or other significant reasons for increases in the income and revenues of the munici treatment works. Sec. 18. The provisions of this ordinance shall tute a contract between the City of~jefferson~ille and holders of the bonds herein authorized to be issued, ter the issuance of any of the bond~, 'no changer or alteration of any kind of the provis shall be made in any manner. herein all of said bonds issued~hereunder teres~t thereon have been p Sec~ 19. If any section, parag.~aph, clause sion of this ordinance shall be held to be invalid, the i validity of such shall not affect ordinance. section, any of the clause or Sec. 20. Ail ordinances flict herewith are hereby repealed; this ordinance shall not be construed as repea!i ing any of the provisions of Ordinance No. 1607 October 7; 1963, or Ordinance No 4, 1963. S~c. 2i. This ordinance shall b, :rom and pass~ Passed Of Je~ersonville on day of J ~ ~ 5/ , and adopted by the Common Council' of the City 1969. Attest: · !asurer Presented by me to the Mayor of the City of Jefferson- ville on the fy day-of /~0 ~ .M. , 1969, at the hour of This ordinance approved and signed by me on the day of U , 1969, at the hour o~ 0o