Decatur Daily Democrat, Volume 57, Number 145, Decatur, Adams County, 20 June 1959 — Page 4

PAGE FOUR

DECATUR DAILY DEMOCRAT WaMibaJ Kwry Evening Except Sunday By THE DECATOR DEMOCRAT CO., INC. Entered at tee Decatur, Ind., Post Office aa Second Class Matter Dick D. Heller. Jr. President John O. Heller -Vice-President Chas. Holthouse Secretary-Treasurer SaßeertpOon Bates: By Mail in Adams and Adjoining Counties: One year, $8.00; Six mos.ths, $4.15; 3 months, $2.25. By Mail, beyond Adams and Adjoining Counties: One year, s>.oo; 8 months, $4.75; 3 months, $2.50. By Carrier. 30c cents ner week. Single copies, 6 cents. — —— q I Very Disappointing The release of 54-year-old Maynard Brewster, a safe-cracking artist sentenced 22 years ago to life as an habitual criminal, was quite a disappointment, to say the least, to those interested in law enforcement Brewster will be remembered as the man who jumped through the back window at Beaver’s Oil Station about three or four years ago and led authorities a merry chase down the street before he was captured. While awaiting a hearing here on charges of parole violation, he escaped from jail, and was dramatically captured near Monroe. Shortly after that he was hustled back to prison, Brewster has confessed at various times to more than 100 safe crackings. He is noted for the fact that he doesn't even bother to carry tools—he just picks up what is handy, and used that. He is even adept at punching a safe with a nail! He has twice been sent back to jail after parole violations, which indicates that he is not a very good risk for the parole board. During his last spree, the county could expect one or two jobs here a week. We sincerely hope that Brewster has reformed, and will now lead an honest life. But nevertheless, his release was very disappointing.

(TO PWO&WS Central Daylight Time

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■ •TIC* . 1 1959, provide for the sale to Indi- < ana A Michigan Electric Company of the electric utility system, with I certain exclusions, now owned and i operated by the City and located i in and adjacent to the City, and prescribe the manner of such sale, i the price at which such property . is to be sold and the terms and 1 conditions of such sale, and design- i ate the officers who should execute i on behalf of the City the necessary i and proper deed and other instruments conveying the title to such j pr Futher. public notice is hereby i • given that the complete and exact form of said Resolution No. 300, stating in full all terms with res- i pent to such sale agreed upon by the Common Council for and on behalf of the City and by Indiana & Mich- 1 iaan Company Is as follows: i “ resolution no. aw > CITY OF DECATUR. INDIANA WHEREAS, on April 14, 1959, the voters of the City of Decatur (here- i inafter referred to as “Decatur ) ' by a vote of 1500 ‘‘No’’ and of 1227 < ■’Yes’’ at the special city election i held on that date rejected the sale of the municipal electric utility sys- i tern (hereinafter referred to as “Electric System”) owned and operated by the City of Decatur (here- ; Inafter referred to as ’’City') to Indiana A Michigan Electric Com- ' any (hereinafter referred to as ■Company”) upon the terms and con- i ditions provided In Resolution No. 100 duly passed and adopted by the i Common Council of the Ctty on September 16, 1958; and : WHEREAS, pursuant to the re- I suits of said election, the Common : Council adopted a resolution on < April 81, 1969 authorizing certain ; steps to be taken by the proper i City authorities so as to make : urgently needed improvements to the Electric System and- required additions for the purchase of all electric energy, ana to obtain the - necessary funds for the same, as well as for the operation and bust- ; ness of the Electric System through an increase in electric rates and the - further issuance of revenue bonds; and WHEREAS, op May 19, 1959, a petition was submitted to the Common Council signed by 2269 voters of Decatur, constituting more than a majority of all of the registered voters therein, and such petition in part reads as follows: “By reason of information and developments which have become evident since the speecial city election held on April 14, 1959, it now appears that it would be highly detrimental anti work irreparable injury to the City of Decatur, not only at the present, but in its future growth, and would saddle on the people of Decatur higher taxes and electric rates, if the City were to continue to operate its 'municipal electric utility and tto abandon its efforts to sell. "Accordingly, thri undersigned voters of the City of Decatur, Adams County, Indiana, respectfully petition and request that the Common Council and Mayor of the City promptly take all actions and steps, by ordinance or otherwise, necessary or proper in accordance with law, to effect a new and other sale of the municipal electric utility. ; and WHEREAS, upon consideration of said petition and the request of more than a majority of all of the voters of Decatur, the Common Cbu ncil adopted a resolution on May 19, 1959 requesting the proper city authorities to consider and investigate a new and other sale of the Electric System, to make contract with prospective purchasers and report to the Common Council its recommendations with respect ther.e’"wHEREAS, on June 2, 1959, the Board of Public Works and Safety of the City reported to the Common Council that, upon consideration of said petition, It had conferred with Company with respect to a new and different sale of the Electric S|s* tem and that the Company indicated that it would present an offer; and WHEREAS, the Company thereafter presented an offer, and sub l sequent thereto proper authorities and/ officials of the City have met from time to time with representatives of the Company in negotiating and bargaining at arm s length with respect to the property and facilities to be sold and the price and' terms and conditions of sale, ""whereas, the Common Council new has determined what property and facilities should be sold and the price and the terms and conditions of sale, and such determination is contained in the form of agreement which is in the words and fltfiirax as follows, to-wit: AGREEMENT Foil PURCHASE OF DECATiR, Indiana ei.ectric utility property THIS AGMEESHiNT, made an d entered into this 1959. by and between the CITI OlDECATUR (hereinafter Sometimes called “City”), a municipality in and of the State of Indiana. party of t,he first Dart and INDIANA A MICHIglnElectric COMPANY (hereinafter sometimes called ptiny"), a corporation existing under the jaws of the State of Indiana, party of the second part, WITNEMSETHt , . , WHEHEAS, City, as a utility, is now engaged in rendering electric service in and about the city of Decatur, Indiana (hereinafter called "Decatur”) and owns and operates the electric utility P ro perties and facilities by which such service Is rendered: and / .. WHEREAS. City, pursuant to the petition anti request of more than a majority of the registered voters of Decatur, prop"ses to sell and dispose of ali of its said J’jertrtc Utility propertifs and facilities with certain exclusions ns h ® r * ?| n’‘ f ter set forth, and, believing that the interests of the City and its residents will he best served by such a sale, is willing t<> sell and dispose of the same at the price and upon the terms and conditions hereinafter provided; and WHEREAS, City and c ornViiny are, respectively, empowered under their charters and the laws of the State of Indiana to enter into and execute this Agreement and to perform the various convenants hereinafter contained, and ively. done and performed all things necessary to make the same a valid, binding and legal contract, and the execution, delivery and performance hereof has been in respects duly authorized: NOW. THERE FOR M, THIS AGREEMENT WITNESSTH, that the parties hereto, each for Jtself, it* successors aftd assigns, and each in consideration of the rovenants and agreements herein made by the other, have covenanted and agreed, andtdo hereby covenant and agree, a8 »«‘tlon 1. Upon the terms and conditions herein set forth, City agrees to sell, transfer and convey to Company, and Company agrees to purchase and acquire from City, all Sf the electric utility system as now owned and operated Jy the City in the rendering of electric utility service in and adjacent to Decatur, including the Diesel plant building and site and all BjWJ land presently owned by City in the area bounded by Dayton Street, Seventh Street, Indiana Street add the Pennsylvania Railroad right of way in Decatur; production and power plant equipment and facilities, transmission plant equipment and facilities: distribution plant equipment and facilities; structures; Improvements; substations; overhead conductors; underground conduits and conductors; lines towers; poles; croswms; bases; guys; guy wires; cables; ground wires: insulators, transpormsrs; switches; lightning arrestors; meters; services: wiemerits; rights of way and all other kind of operating rights; and any . and all other property owned, held or used by the City as a part of the i aforesaid electric utility system. Excepting ant exelnding. *owever. from the aforesaid utility Properties and facilities the following,

DKCATUH OAttX DEMOCRAT, PKAJUB, INDIANA

which shall »e retained by the City: tb* land and all buildings at the steam generating plant site; the land and building ai the City’s line department operating headquarters: all transporation equipment; ail communication equipment; all office furniture and equipment; all conduits, conductors, poles standards, fixtures and facilities used exclusively for street lighting purposes; all fuel: all material and supplies; and cash,bank deposits, bonds, securities. meter deposits and accounts recivable owned or held by the City. All of the aforesaid electric utility properties and facilities proposed to be purchased and sold hereunder are hereinafter collectively referred to as "Electric Property.” Sectinn X The tiotal purchase price for the Electric Property shall be’Two Million Ninty Nine Thousand One Hundred Dollars (88,099,100). * Two Million Sixty Four Thousand Three Hundred Seventy Eight Dollars <32,064,378) of said total purchase price shall be paid In cash by Company to City at the Closing as in Section 3 hereof provided for, and the remaining Thirty Four Thousand Seven Hundred Twenty Two Dollars (834,722) shall be paid by a credit iln said amount for future electric service to be furnished by Company to City's street lighting system. _>_/ The Electrte Property shall be appraised in accordance with Section 48-7811, Burns Indiana Statutes, 1963, aa amended, and the appraised value thereof shall not exceed Two Million Ninty Nine Thousand One Hundred Dollars (88,099,100). — Section a. Consummation of the purchase and sale herein provided for (1. e. the Closing) shall be made at the office of the City of Decatur (or such other place. If any, as may be agreed upon by the parties hereto) and shall (subject t» the provisons of Section 12 hereof) be at 10:00 o’clock A.M., Central Standard Time on the 31st day of December, 1959 (or such other date as may be agreed upon by the parties hereto). Section 4. At the Closing, City shall deliver to Company possession of the Electric Property and shall transfer good and sufficient fee simply title thereto, free and clear of all liens and encumbrances except those specified in Subdivisions (i) to (Hi), both inclusive, of this Section 4 and shall evidence and effect said transfer of titlp by delivering to Company duly executed instruments of transfer, in form and substance satisfactory to counsel for Company, as follows: (i) Warrantly Deed conveying to Company the real estate to be purchased and sold hereunder, SUBJECT ONLY TOt taxes and special assessments, .. if any, not due and payable on or or before the date of Closing; questions of survey, if any; building lines and building and liquor restrictions of record, if any; zoning and building laws or ordinances; and streets, highways, rights of way and emitting easements of record, if any. (it) Bills of Sale, with covenants of warranty, transferring to Company all other physical properties and facilities to be purchased and sold hereunder, SUBJECT ONLY TO: taxes and special assessments, if any, not due and payable on ot before -the the date of Closing. (ill) Assignments, without covenants of warrantly, assigning to Company all the right, title and interest of City in and to easements, rights of way and all other kind erf operating rights that are to be, purchased and sold hereunder; it being understood and agreed between parties hereto that City does •* not agree to warrant in any way the extent or validity thereof, but only to sell and transfer to Company such Interest therein as City may in fact have and possess. , ’ . . The. City, at the time of Closing, shall deliver to the Company all available instruments, books, records and papers, and other data pertaining to the Electric Property, including meter books and customers’ billtag records for Inspection and making copies thereof; after which the same shall be returned to the CityCity covenants and agrees that at or prior to the Closing gll revenue bonds and securities of every nature appertaining to the Electric EroI pefty shall have been redeemed and satisfied in full by the City, or that all steps necessary in the opinion of Company’s counsel to | fully assure such redemption and satisfaction will have been taken irrevocably. Simultaneously with the sale , and transfer of the Electric Property at the Closing, Company shaß pay to City the cash amount of Two Million Sixty Four Thousand Three Hundred Seventy Eight Dollars ($(2,064,378) then due City from Company pursuant to the provisions of Section 2 hereof. Section .’>. City covenants and agrees that, simultaneously with the transfer of the Electric Property .to the Company, the City shall grant to the Company a franchise and indeterminate .permit, which shall in form and substance conform to the laws of the State of <tndiana in such case made and provided and be satisfactory to the Company’s counsel, granting to the Company, Its successors and assigns, the right to locate and maintain its electric utility service within and adjacent to the City and of, transmitting by its electric energy in and through Decatur. Section <l. City covenants and agrees that from the date of Closing until such tinie as the Company has constructed and put in,operation all transmission, substation ;tad distribution facilities I sufficient to serve the customers of the Electric Property, without the operation of the steam generating plant and the use of other facilities of every kind whatsoever situated In said generating plant building or on the preniises axljace.nt thereto, the Company shall have the right and privilege to operate and use, without any charge therefor, the said steam generating plant building and the premises adjacent thereto and/or all facilities in said generating plant building or on the premises adjacent thereto owned by the City and not to be sold hereunder, for a period of not ■ to exceed three. (3) years from the ' date of Closing. Company covenants and agrees that, at any time prior to the close of said three (3) year period when the Company shall completely and finally ceaste to operate the said steam generating plant and to use the other facilities In, said generating plant building arid on the premises adjacent thereto, the Company, at its own cost and

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«xp<n»B, shall promptly aismanna and r.mov. from the steam generating plant building and the premises adjacent thereto those facilities and other property constituting a part of the Electrio Property; but In any event such dismantlement and removal shall be fully completed by the close of said three (3) year per,0 Clty covenants and agrees that the Company shall have the right and privilege to occupy and use, without any charge therefor, the present line department headquarters of the City for a period not to eaceed one (1) year from the date of Cloning. Section 7. Company hereby covenants and agrees that, In the event of the consummation of the purchase and sale hbrein provided for. Company shall keep and perform all those obligations under the easements, rights of way and all other kind of operating Tights transferred to Company by City pursuant to the provisions of this Agreement in respect of which City might be liable on account of nonperformance; and it will keep City free and harmless from and against any and all liabilities and claims of liability on account of any such nonperformance, after date of Closing, of obligations under said easements, rights of way and all other kind of operating rights. Section 8. It Is understood and agreed that from and after the datehereof to the date of Closing, the risk of loss of the Electric Property or any part thereof shall be on the City, the Company shall receive the Electric Property in substantially the same condition as It was on the date hereof, reasonable wear and tear excepted, City shall not permit any sale or other disposition of the Electric Property or any part thereof. and. upon the breakdown or failure of any portion of the Electric Property, the City shall forthwith make adequate and proper repairs at its own cost and expense. It is further understood and agreed that the City shall pay and discharge all the liabilities Incurred prior to the Closing applicable to the operation of the Electric Property, including wages of employees and indebtedness for materials! and supplies furnished. Section ». City shall be entitled to all moneys becoming due for electric service rendered prior to the date of Closing by it to customers served by the Electric Property. Section 10. Company covenants and agrees that on or prior to the Closing, it shall file with the Tariff Division of the Engineering Department- of the Public Service Commission of Indiana and shall seek approval of such Commission, as the rates applicable to the electric service in the area served by the Ele- . ctric Property, jfne same respective schedule of rates, rules and regulations that the Company ,now has in effect for similarly classified service throughout its Indiana territory as shown by the Index of Tarriffs, effective November 1, 1959 (13th Revised Sheet No. 2). Section 11. Company covenants and agrees that promptly after Closing the Company shall commence, and shall continue until completed, all work required to make such repairs, rearrangements, replacements and improvements to the Electric Property as shall be necessary to provide adequate and reliable electric service in accordance with the laws of the State of Indiana and the rules and regulations of the Public Service Commission of Indiana Section IX This Agreement and the Closing hereunder are subject to and expressly conditioned upon (i) there having been secured, on or before December 31. 1959, all authorizations and approvals necessary, in the opinion of counsel for the Company in order that the transactions proposed by this Agreement' mav be lawfully carried out; (ii) there having been taken on or before December 31, 1959 all steps necessary in the opinion of counsel for the Company for the lawful consummation b* the transfer and sale of the Ele'stnco Property; and (ill) ( all sueb-wMlprovals, authorizations and steps T>eing in force and effect at the time of Closing and there being at tha time of Closing no appeal, stay or other proceeding of like or unlike nature with respect to such authorizations, approvals and steps pending or threatened which, in tjie oploion of counsel fur Company, would raise a substansial question as to the validity of suoh consummation. Each of the parties hereto covenants and agrees that !it will cooperate in securing such | authorizations and approvals, and. in taking such steps, as are necessary to be taken by it in order to consummate purchase and sale of the properties and facilities herein provided for. Section IX This Agreement shall terminate at 12:01 AM Central Standard Time, January 1, 1960, or at such later date as the parties hereto may agree upon, unless the Clotting is on or prior thereto. Upon the termination ’of this Agreement, in accordance w'ith this Section 13,all rights and obligations of the parties hereunder shall cease and determine; provided, however, such termination shall in no Way relieve or release either party hereto of any liability or obligation hereunder which shall have accrued to such termination. ‘ Section 14. Any notice or demand required or permitted to be given or made hereunder shall be given or made by mailing the same by re gistered mail, postage prepaid, in a sealed envelope addressed, (1) if sent to City Robert D. Cole, Mayor City of Decatur "City Hall Decatur, Indiana and (iiV if sent to Company It. E. Doyle, Jr. Vice President and General Manager Indiana & Michigan Electric Company ’ ' 2101 Spy Run Avenue Fort Wayne, Indiana Any such notice or demand shall, be et.eemed to have been given yr made at the time of Its delivery to a registry division of a United States Post Office. Section 15. Egch of 'the parties hereto shall bear all expenses incurred by it in connection with this Agreement and in connection with the cusummatlon of the transactions contemplated and provided for hereunder. Section Id. The law’s of the State of Indiana shall govern the validity, the interpretation of the terms, and the performance, of this Agreement. Section 17. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors or assigns, provided, however, neither party hereto shall assign this Agreement without

ftrnt having nbtainnd «*•.’"***?"l co lT n w?T&» parly of th.* first part hereto. and Company of the second party have, respectively, caused this Agreement to be duly executed In , their respective corporate all as of the day, month and year first above written. CITY OF DECATUR Uy I. nn ■II.MII 1 I'f'il (Robert D. Cole) Mayor ATTEST) (Miriam Hall) Clerk-Treasurer (Party of the First P»rt) INDIANA A MICHIGAN ELECTRIC COMPANY (R. E. Doyle, Jr.) Flee President and General Manager ATTEST (E. A. Luhrnan) Assistant Secretary _ (Party of the Second Part) ; ana WHEREAS, the property and facilities ' now proposed to be sold (hereinafter referred to as “Elecrtlc Property”) la different In numerous respects from the property and facilities previously proposed to be sold pursuant to and In accordance w’ith said Resolution No. 100, and tha price proposed to be paid therefor is a fair and Just price and is equally as good a price therefor as W’as to have been paid for the property and facilities previously proposed to be sold; and WHEREAS, the terms and conditions of the proposed sale aa contained in th. agreement hereinbefore set forth (hereinafter referred to aa “Agrwment") ar. substantially different from the terms and conditions of the previously proposed sale as set forth in said Resolution No. 100; and WHEREAS, such sale is in the best interests of the City, its taxpayers and its users of electric energy and th. Common Council, by reason of said petition of the voters, now deem. It advisable and desirable to enter into and proceed to carry out the Agreement, but still one hundred freeholders and resident taxpayers of Decatur may petition. In accordance with law, the Common Council to submit at a special or general election the question of such a sale to the qualified voters of Decatur and thereupon such an election shall be held for such purpose; and WHEREAS, the voters signing the said petition presented to the Common Council on May 19, 1969 requested the Common Council, In connection with any sale of the Electric System, to set out sb far as is permitted by law how the proceeds of any such sale are to be kept and employed; and WHEREAS, prior to the enactment of Chapter 58 of the Acts of 1959 by the Indiana General Assembly, all funds which would have been realised from the sale of the Electric System would be required to be credited to the City’s general fund to be used as any other general fund of the City, but under and pursuant to Chapter 58 of the Acts of 1959 such funds, whether or not credited to the general fund of the City, can be used for the payment of bonded indebtedness of the City, or the acquisition, expansion or improvement of any municipal property whether the same be deemed a proprietary or governmental function, including the acquisition, expansion or improvement of hte City’s waterworks or sewage disposal plant; and WHEREAS, it is manatory upon the City to use the funds derived from the sale of the Electric System first to the redemption of all revenue bonds and»securltes appertaining to the City’s Electric Systenj, but it appears that aii-»ams thereafter remaining should be held and properly invested by the City, and the interest realised therefrom tb be used for needed City improvements with portions of the principal to be used from time to time for both governmental and proprietary purposes of the City after study and upon recommendations of a Citizens Advisory Committee to be appointed by the Mayor: NOW. THEREFORE, BE IT RESOLVED by the Common Council of the City of Decatur, Indiana, that: 1. I The City does now enter Into and make the Agreement in the form hereinbefore set forth, and thesMayor of the City is authorized to execute the Agreement in the name of and for on behalf of the City, attested by the Clerk-Treasurer with the seal of the City, and when the same is executed by said officials of the City as aforesaid on behalf of the City, and by the proper officers of the Company, the Agreement shall be In full force and effect upon the terms and conditions therein contained. / 2. Pursuant to and in accordance with the statutes of the State of Indiana in such case made and provided, the City, through its May ■ or,' shall proceed to have or couse to have the Electric Property as named and set'forth In the Agree-

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• 20 Years Ago Today June 30. IBW-George Geisler. 68-year-old Willshirt man, mysteriously shot twice through the back of his head at his home last December, was dismissed from the Adams county memorial hospital, where he had been twated since the shooting. The Rev. John M. Stewart, of Fort Wayne, has been named temporary pastor of the Pleasant Mills Methodist church, filling the vacancy caused by the traffic death of the Rev. Alva Barr. A petition has been filed with the Decatur city council asking for daylight saving time during toe summer months. The petition was referred to toe ordinance committee. Hersel Nash, of this city, an employe of the general construction department of toe General Electric Co. of Fort Wayne, has been employed as assistant superintendent of the city light and power department H. P. Schmitt, sons Donald and Junior ,and James Holthouse attended the Cincinnati-Brooklyn night game at Cincinnati. ment, appraised t>y three disinterested freeholders, of Adams County, Indiana, to be appointed by the Judge of the Circuit Court of Adams County, n«tfe of whom shall be residents or taxpayers of Decatur. 3. Subject to the compliance wtth all the terms and conditions specified in the Agreement, the Electric Property shall be sold and transferred to th. Company at the price, in th. manner and upon the terms and conditions set forth in the Agreement. 4. The necessary deeds and other Instruments transferring and disposing of the Electric Property to the Company shall be executed for and in the name of the City by its Mayor, attested by the Clerk-Trea-surer with the seal of the City5. The Mayor, for and on behalf of the City shall execute any and all other Instruments, and do or cause to be done any and all acts or things (including but without limiting the generally of the foregoing to the publication and posting of public notice of this resolution as required by law), which in the opinion of the Mayor is necessary or desirable in order to comply with all the obligations of the City under the Agreement and to effectuate the consummation oF’the sale as in the Agreement provided. 6. All resolutions heretofore adopted by the Common Council in conflict with, or contrary to the pro-' visions of, this resolution are hereby repealed and rescinded. 7. This resolution is passed by at least a two-thirds vote of all the members elect of the said Common Council. 8. This resolution shall take effect and be in force from and after its pasage and its signature by. the presiding officer of the Common . Council and its approval by the Mayor. Adopted and passed unanimously by all members of the Common Council present this 16th day of June, 1969. /•/ Robert D. Cole (Robert D. Cole) Mayor Presiding Officer of the Common Council ATTEST: /■/ Miriam Hall (Miriam Hall) ~ .Clerk-Treasurer Presented by me to the Mayor of the City of Decatur this 16th day of June, 1959. /«/ Mariam Hall (Mariam Hall) „ Clerk-Treasurer Approved and signed this 16th day of June, A.A.. 1959. /»/ Robert D. Cole (Robert D. Cole) Mayor Dated at Decatur. Indiana, this 18th day of June, 1959. t Robert D. Cole (Robert D. Cole) Mayor of th* City of Decatur, Indiana , Robert D. Cole IRobert D. Cole) Presiding Officer of the Common Council of the City of Decatur, Indiana ATTEST: Mariam Hall (Mariam Hall) Clerk-Treasurer June 20 27

SATURDAY. JU** B 1959

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