Decatur Daily Democrat, Volume 57, Number 151, Decatur, Adams County, 27 June 1959 — Page 4
PAGE FOUR
DECATUR DAILY DEMOCRAT Published Every Evening Except Sunday By THE DECATUR DEMOCRAT CO., INC. Entered at the Decatur, Ind., Post Office as Second Class Matter Dick D. Heller, Jr. .... President John G. Heller Vice-President Chas. Holthouse Secretary-Treasurer Subscription Rates: I?y Mail in Adams and Adjoining Counties: One year, $8.00; Six months, $4.25; 3 months, $2.25. By Mail, beyond Adams and Adjoining Counties: One year, $9.00; 6 months, $f.75; 3 month", $2.50. By Carrier, 30c cents oer week. Single copies, 6 cents. Who’s Buying Stocks? During the past seven years, a tremendous diversification in stock ownership has taken place. In 1952 there were only 6,490,000 stockholders in America. Today there are 12,490,000, almost twice as many. Another healthy sign—6B% of the stockholders are in the $3,000-SIO,OOO income bracket. Many workers today are putting a portion of their savings in stocks. Stocks pay dividends; they can also increase or decrease in sale value. This is an attractive thing for the average man, who wants to see his money making him more money, rather than just burning a hole in his pocket. < But care should be taken. Stocks are still a risk, even if less of a risk than they once were. A man should invest as carefully as if he were buying a house or car —only on the advice of an experienced dealer. . Hundreds of people, playing hunches or listening to friends, have lost their shirt in the stock market. Like playing cards with an expert—you have to know what you are doing, or risk losing what you already have. It’s ’ wise to save, and wise to invest, as long as it is done thoughtfully and carefully.
C 0 WiMBBr Central Daylight Time
WANE-TV Channel 15 SATURDAY Mteraooa 12:00—Saturday News < 12:30 —Week End Sports 12:15—Baseball 12:50—Where You Loved Me 3:80- —Race of the Week 3:3o—Little League Baseball s:oo—Dr. Christian s:3o—Charlie Chan Evaalaa B:oo—Tugboat Annie 6:3o—Life Os Riley 7:oo—Jeff’z Collie 7:3o—Perry Mason B:3o—Wanted-Dead or Alive 9:00 —Brenner 9:30-—Have Gun Will Travel 10:00—Gunsmoke 10:30—Plight 11:00—Scarlet Street 11:15—Mrs. America Pageant 12:15—Crime of Dr. Fares SUNDAY Horning • B:oo—Faith For Today B.JO—This Is The Life 9:oo—Lamp Unto My Feet 9:3o—Look Up And Live {o:oo—Eyes on New York 10:30—Camera 3 11:00—Last Word 11:30—Western Playhouse Afternoon 12:30—Report From Washington ' 12:45 —Baseball :30—Mystery Maniinee 4:3o—O'Henry Playhouse s:oo—Face the Nation s:3o—College Quiz Bowl Evening 6:oo—Behind the News B:3o—2oth Century., 7:oo—Lassie 7:3o—That’s My Boy 8:00—Ed Sullivan 9:OO—G E Theatre 9:3o—Alfred Hitchcock 10:00 —Richard Diamond 10:30—What's My Line 11:00—Sunday News Special 11:15—So Well Remembered MONDAY Morning 7:3o—.Peppermint Theatre 7:4S—WHIy Wonderful S:Oo—CBS News' B:ls—Captain Kangaroo 9:oo—Our Miss Brooks 9:3o—Star and The Story 10:00—On The Go 10:30—Sam Levenson 11:00— I IMVO Lucy 11:30—Top Dollar Afternoon 12:00—Love of Life 12:30 —Search For Tomorrow 12:45—Guiding .Light I:oo—Anne Colone Show I:2s—News I:3o—As the World Turn* 2:oo—For Better or for Worse . 2:3o—Houoeparly 3:oo—Big Pay-Off 3:3o—Verdict Is Yours 4:oo—Brighter pay 4:ls—Secret Storm 4:3o—Edge Os Night s:oo—.Dance Date Evening ‘ - <- -w. - ——=_ 6:oo—Amos & Andy 6:3o—News at 6:30 i 6:4s—Doug Edwards-Newe i 7:OO—U.S. Marshall 7:3o—Nam? That Tune 8:00 —The Texan . B:3o—Father Knwi-Bnt 9:00 —Danny Tliomat" '*—" 9:30 —Ann Southern 10:00—DesJ-Lu Playhouse - 5 11:00—Only Angelri Have- Wings WKJG-TV Channel 33 SATURDAY Afternoon 12:00—Two Gun Playhouse ' I:oo—Advenutre Parade I:ls—Leo Durocher 1:25 —Baseball • 4:oo—Big Picture 5:30 —Bob Banko Show Evening 6:3o—People Are Funny 7:00 —Perry, Presents 8:00—Black Saddle ■- B:3o—Cimarron City 9:3O—D. A.'s Man - 10:00—Soldiers of Fortune 10:30 —The Saturday Edition 10:45—Conquest SUNDAY Morning 9:oo—The Christophers 9:30 —Americans at Work 9:4s—How lOhrtatlan Science Heals 18:0S—Sa/ red Heart Program 10:15—Industry on Parade ~ 10:30 —This Is the Life * & 11:00—Cartoon Time ■’ •, Afternoon - ■ 12:15—Trail of V’engenee I:ls—Lob Durocher 1:25 —Baseball4:00 —Adventure Parade 5:00—Bozo
s:3o—Cisco Kid Evening 6:oo—Med western Hay ride | 6:3o—Suspicion | 7:3o—Pete Kelly's Blues 8,:00 —Summer Chevy Show 9:oo—Loretta Young Show 9:3o—Medic 10:00—26 Men 10:30—Sunday News Special 10:40—Sports Today 10:45—Dr. Kildare’s Crisis MONDAY Morning 7:oo—Today 9:00 —Dough Re Ml ' 9:3o—Treasure Hunt 10:00—The Price Is Right 10:30- —Concertration 11:00—Tic Tac Dough —— 11:30—It Could Be You Afternoon 12:00—News and Weather 12:15—Farms and Farming 12:30—-Yesterday's Newsreel 12:45—Editor's Desk 12:55—Faith To Live By I:oo—Queen For A Day t 7:3o—Court of Human Relations 2:oo—Young Dr. Malone 2:3o—From These Roots 3:3o—County Fair 3:30—-Romper Room 4:00—1 Married Joan 4:30-—Bozo S:4S—NBC News Evening 6:oo—Gatesway to Sports 6:ls—News, Jack Gray 6:2s—The Weatherman 6:3o—Buckskin 7:oo—Restless Gun 7:3o—Tales of Wells Fargo B:oo—Peter Gupn * ’ ‘8:30-—Alcoa Theatre 9:oo—Arthur Murray Party *9:3o—Sheriff of Cochise To :00—Silent Service 10:30—News and Weather 10:45 —'Sports Today 10:50—The Jack Paar Show WPTA-TV Channel 21 SATURDAY Afternoon 12:00—Uncle Al I:oo—Action Theatre 2:oo—Big Rascals 2:3o—Gene Autry B:oo—Jungle Jim 3:3o—Jet Jackson , ’ 4:oo—Sherlock Holmes 4:3o—Action Theatre Evening 6:oo—Popeye 6:30-r-Abbott and Costello 7:oo—Sword of Freedom 7:3o—The Dick Clark Show 8:00—-Jubilee U.S A 9:oo—Lawrence Welk 10:00—Club 21 SUNDAY Afternoon .112:00—Hometown U. S. A. 12:30f I -John Hopkins File 7 1:00—College News Conference 1:30—1. U. 2:00—-World Travel 2:3o—Oral Roberts Bfoo—Open Hearing ,I:3o—Repeat Performance 5100—Popeye s:3o—Ft. Wayne Air Power Evening 6:oo—Hopalong Cassidy 1 7:oo—Texas Rangers ,7:30 —Maverick „ B:3o—Lawman 9:00—Colt ,45 ’..■ , ' V 9:Bo—The Record Years > 10:30—Meet McGraw ' 11:00—Journey to Freedom MONDAY Morning 10:00—Morfi’s Morning Movie 11:30—Sjisie 12:00—Across The Board A fiternoon 12:30—Pontomlne Quiz I:oo—Music Bingo 1:30—21 Leisure Lane ■ 2 .iS u —-Day In Court 2:Jo—Gale Storm 3:00-—Beat the Clock B:3o—Who Do You Trust 4:oo—American Bandstand s:oo—American Bandstand s:3o—Mickey Mouse Club Evening ' ' 6:oo—Fun ‘n Stuff 7 :”Is—Tom Atkins Reporting 7:Bo—Kingdom of Sea 8:00—Polka Go Round. 8:30—Bold Journeey 9:oo—Pantomine Quiz 9:BO—TV Hour of Stars 10:30—Flight from Obery JE ; i . -I MOVIES — DRIVE-IN — "High School Confidential" & "Man With Gun” Frl & Sat at dusk "Great St. Louis Bank Robbery" , Sat at Midnite “King of the Wll4 Stalltqns” & , ‘ Watusi" Sun & Mon' at dusk- " —
NOTICE Public notipe is hereby given that the Common Council of the City of Decatur (hereinafter celled "City”) in Adams County, Indiana, did by Resolution Uo. 240 duly adopted by said Common Council on June 16, 1959. provide for the sale to Indiana & Michigan Electric Company of the electric utility system, with certain exclusions, now owned and operated by the City and located, in and adjacent to the City, and pre;, scribe the manner of such sale,the price nt which such property Is to be solo and the terms and conditions of such sale, and designate the officers who should execute on behalf of the City the necessary and proper deed and other Instruments conveying the title to such property. Futhpr, public notice Is hereby given that the complete and exact form of said Resolution No. 200, stating in full all terms with respect to such sale agreed upon by the Common Council for and on behalf of the City and by Indiana & Michigan Company is as follows: , RESOLUTION NO. 200 -efTY OF DECATUR, INDIANA WHEREAS, on,April 14, 1959, the voters of the City of Decatur (hereinafter referred to as "Decatur’’) by a vote of 1500 "No” and of 1227 “Yes” at the special city election held on that date rejected the sale of the municipal electric utility system (hereinafter referred to as "Electric System”) owned and operated by the Qity of Decatur (hereinafter referred to as “City ) to Indiana & Michigan Electric Comany (hereinafter referred to as "Company”) upon the terms and conditions provided in Resolution No. 100 duly passed and adopted by the Common Council of the City on September 16, 1958; and WHEREAS, pursuant to the results of said election, the Common Council adopted a resolution on April 21, 19a 9 authorizing certain steps to be taken by the proper City authorities so as to make urgently needed improvements to - the Electric System and required additions for the purchase of all electric energy, and to obtai.tr the uecessafy funds for the .same, as well as for the operation and business of the Electric System through an increase in electric rates and the further issuance of revenue bonds; a "wHEREAS, on 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 pf information and developments which have be--come eviSSht since the speecial city election held on April 14. 1959, it now appears that It. would be highly detrinn-ntaFand 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 to abandon its efforts to sell. "Accordingly, the 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 prop-—er-trraccordance with law, t;> 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 Council adopted- a resolution on May ,19, 1959 gWttesting the proper city authorities':to .crxnsidnr- and investL. igate a new'', and other sale of the; I Electric System, to make contract with prospective purchasers and report to the Common Council its recommendations with respect thereto; and ‘ , WHEREAS, on June 2, 1959, the Board of -Public Works and Safety of the City reported to the Common Council that, upon coagideration of said petition, it had cMnferfed with > Company with respect to a new and - different—sale . of the Electric System and that the Company indicated that it would phesent an offer: and - WHEHEAS. tttFThmpany;' thereafter presented an offer, jtnd subsequent 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 priee and terms and conditions of sale; end . W HEREAS, the-Common Council now has determined what property ahd facilities should be sold E\nd the price and the terms and conu.tions of sale, and such determination is contained in the form of agreement which is In the words and figures, as follows, to-wit: AGREEMENT FOR OF DECATI ft. INDIANA ELLCIKIC UTILITY PROPERTY THIS AGKEEMENT.. made and entered into this — U -Y U 1959. bv and between the CI I V OSDEC VT I’ll (hereinafter sometimes called "City”), a municipality in and of the State of Indiana, party of the first part, .an<4 .INDIANA <ft MU H--IGAN ELECTRIC COMPANY (hereinafter sometimes called "Company"), a corporation organized and existing under the Igws of the State of Indiana, party of the second part, WITNESSETH •- , , WHEREAS, city, as a municipal utility, is now engaged in rendering electric service in anti about the cltyi of De.iitnr, Indiana (hereinafter .ailed Tte.atiir”) and owns and operates the electric utility l )ro " perties and facilities by which such service is rendered; and WHEKEAS, City, pursuant to the petition and request of more than a majority of the registered voters of Decatur, proposes to sell and dispose of all of its said electric utility properties and facilities with certain exclusions as hereinafter set forth, -and. believing that the Interests of the City and Its residents will be best served by such a sale, is willing to sell and dispose of the same at the price and upon the terms and conditions hereinafter provided; and WHEREAS, Ci tty and Conjgany are, respectively, empowered under their charters and the laws of lite State of Indiana to enter- into and execute this Agreement and to perform the various convehants hereinafter contained, and have, respectively, 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 all respects duly authorized: NOW, TH UH E l-> Olt E, THIS AGREEMENT WITNESSTH. tliat -the. parties hereto, each for itself. Its suveessors and assigns, and each in consideration of the covenants and agreements herein made by the other, have covenanted and agreed, and do hereby covenant and agree, as follows: • Section 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 of the electric utility system as now owned and operated, by the Citv In the rendering of electric ’utility service in and adjacent to Decatur, including the'Diesel plant building and site and all adjoiningland presently owned by City in the area bounded by Dayton Street, Seventh Street; Indiana Stfeet and the Pennsylvania Railroad right of way in Decatur; production and bower plant equipment And facilities; transmission plant oqWpment and facilitits; distribution plant equipment and facilities; structures; improvements; substations; overhead : conductors; ■- underground conduits and conductors; lines towers; poles; eressarms; bas»ts;i guys; guy wires; cables; ground wires; insulators; transpormers: switches; lightning arrestors; meters; services: ease- i merits; 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 ' aforesaid oleetrlc. utility system: Excepting lin'd excluding, bow- > excr. from the nforesaJd utility pro- < perries and faolllttes the following, t which shall pe retained’ by the City: i
pSCATtm OAJLY DKMOCRAT. MCATUR. INDIANA
th* land and all buildings at th* steam generating plant site; the, land and building at the City’a line department operating headquarter*; all transporation equipment; all communication equipment; all office furniture and equipment; all conduits, conductors, poles standards, fixtures and facilities used exclusively for street lighting ipurposeaj all fuel; all material and supplies; and cash,bank deposits, bonds, securities, meter deposits and accounts • recivable owned or held by the City. Al| of the aforesaid electric utility properties and facilities proposed tb be purchased and sold nerelinder are hereinafter collectively referred to as "Electric Property." Section X The total purchase price for the Electric Property shall be Two Million Ninty Nine Thousand One Hundred Dollars (32,099,100). 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 (334,722) shall be paid by a credit in said amount for future electric service to be furnished by Company to City's street lighting system. ’ . The Electric Property shall be appraised in accordance with Section 48-7211, Burns Indiana Statutes, 1933, as amended, and the appraised value thereof shall not exceed Two Million Ninty Nine Thousand One Hundred Dollard (32,099,100R — Section X Consummation of the purchase and sale herein provided for (i. 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 Tiereto) and shall (subject to 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). i 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 Hens and encumbrances ex- I cept those specified in Subdivisions | (I) to (ill), both inclusive, of this i Section 4 and shall evidence and effect said transfer of title 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, SUHJEtT ONLY TO: t-axto and special assessments, if any, not due and payable on or or'fiefore th* (date of Closing; .jiivstlons or survey, if any; building lines and building and liquor restrictions of record, if any: zoning and building laws . or ordinances; and streets, high- ' - ways, rights of way and existing easements of record, if any. (ii) Bills of Sale, with covenants of warranty, transferring to Company all other physl- : eat properties and facllitiesto.be ; purchased and sold hereunder, 1 SUBJECT ONLY TO: taxes and < assessments, if any, not i due and payable on or before the i the date of Closing ... : (iii) Assignments. without ; covenants of warrantly, assign- < ing (q Company all the right, i title and interest of City.in arid < to easements, rights of way and ; ■ all other kind of operatiujf rights that are to be purchased 1 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 there- ; of, but only to sell and trans-. .. j for 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 imitruriients, books, records and papers, and other data pertaining to the Electric Property, including meter books and customers’ billing records for inspection and making copies thereof; after whieh the same shall be feHirned to the City. City covenants and agrees that at or prior to the Closing all revenue bonds and securities qf every nature appertaining to the Electric Property ssha.lT 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 ('losing. Company shall 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 5. City covenants a n d agrees that, simultaneously with the transfer of the Electric Property to the Company, the City shall grant to the .(’oriipany a franchise and . indeterminate permit, which shall in form and substance conform to the laws-Stf the State of 1 ndiana in such case made and provided and be satisfactory to the Company's counsel, granting to the Company, its frijocessprs 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 B. City covenants and agrees that from the date of Closing until such time as the Company I has constructed and put In operation (all transmission, substation and distribution facilities sufficient to serve’ the customers of the Electric Property, without \(JJftri»peratlon of the steam generating plant and the use of other facilities of every kind whatsoever situated in said generating plant building.or on the premises adjacent 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 ' ow ned l>y the City and not to be ■sold hereunder, for a period of not to exceed thrOe’(3) years from the date of Closing. Company covenants and agrees that, at any time prior to the eloSe of said three (3) year period when the Company shall 'completely and finally ceaste to operate the said steam generating platy and to use-the other facilities in said generating plant building and on the premises adjacent thereto, tlie Company, at its own cost and expense, shall promptly dismantle and remove from the steam generating plant building and the. premises adjacent thereto those facilities and other, property constituting a part Os the Electric Property; but in any event such dismantlement and removal shall be fully completed by the close of said three (3) year period. City covenants and agrees that the Company shall have, the right and privilege to occupy arid use, without any charge therefor, the present line department headquarters of the City fur>« period not to exceed one (1) year from the date of Closing. Deetloa 7. Company hereby edvennnts and agreed that, in the er. nt of the consummation of the purchase and sale herein provided for, ' Company shall keep and perform nil thtfse oldigatloris under the easements, rights of way and all other kind of operating rights transferred to Company by City pursifant 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 harm- ' less from and against any and'all ' liabilities and claims of liability on account of any such nonperformance, ' after date of Closing, of obligations ’ under Hald easements, rights of way and all other kind of operating : rights. ’ Section H. It is pndekfitood and 1 agreed that from and after the date 1 hereof to the date of Closing, the 1 risk of loss of the Electric Property 1 or any part thereof shall be on the 1 City, the Company shall teoeive the 1 Electric Properly In substantially < the same condition as It was on the < date hereof, reasonable wear and < tear excepted, City shall not permit 1 any sale or other disposition of the ’ <7 ’ r ■ ■ '■ ’*
' Electric Property or any part there- - of, and, upon the breakdown or failure of any portion of the Electric Property, the City shall forthwith make adequate and proper re pul re at ita own cost and expense. It is further understood and agreed that the City shall pay and diacnarce all the llabilltlea incurred prior to the Closlhg applicable to the operation of the Electric Property, including wages of employees and indebtedness for materials and supplies furnished. , Section 0. 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 io. 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 cQpmmlsslon, as the rates applicable to the electric service in the area served'ihw the Electric Property, the 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 It- 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 Servii e Commission of Indiana. Seetion 12. 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 i may be lawfully carried out; (ii) J there having been taken on or before December St. 1959 all steps necessary in the opinion of counsel for the Company for the lawful consummation of the transfer and sale of the Electric Property; and (Hi) all such approvals, authorizations and steps being in force and effect at the time of Closing and there being at the dimv 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 the opinion of counsel tor Company, would raise a substansial question as to the validity of such consummation. Each »f the parties hereto covenants and agrees that it will cooperate in securing such authorizations and approvals, and in taking jiuch steps, as are necessary to be taken by it in order to consummate the purchase and sale of t|ie properties and facilities herein provided for. Section 13, This Agreement shall terminate at 12:01 A.M. Central Standard Time, January 1, 1960, or at such later date as the parties hereto may agree upon, unless the Closing is on or prior thereto. Upon the termination of this Agreement. In accordance with this section 13. all rights and obligations of the parties hereunder snail cease and determine; provided, however.- such termination shall in no way relieve or release either party hereto at any liability or obligation hereunder which shall have accrued to such termination. -Section 11. 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,— (i) if sent to City Robert D. Cole, Mayor City of Decatur City Hall Decatur, Indiana and (ii) if sent to Company R. 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 deemed to have been given or made at the time of its delivery to a registry division of a United States .Post Office? Section IS. of the parties hereto shall bear all expenses incurred by it in connection with this Agreement and in connection with the cusummatton of the transactions contemplated and provided for hereunder. Section Id. The laws 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 hefeto, their respective successors or assigns, provided, however, neither party hereto shall assign this Agreement without first having /obtained the written consent of the other party thereto. IN WITNESS WHEREOF, City, party of the first part hereto, land Company of the second party hereto, have, respectively, caused this Agreement to- be duly executed In their respective corporate names, all as of the day, month and year first above written. CITY OF DF.CATIR By : / (Robert D. Cole) Mayor ATTEST: (Miriam Hall) Clerk-Treasurer (Party of the First Part) INDIANA A MICHIGAN EI.ECTKIC COMPANY By— —— (R. E. Doyle, Jr.) Vice President and -General Manager ATTEST (E. A. Luhman) Assistant Secretary (Party of the Second Part) ; and WHEREAS, the property and facilities now proposed -to.be sold (hereinafter referred to as "Eiecrtic Property”) is different'in numerous respects from the property and facilities previously proposed to be sold pursuant to and in accordance with said Resolution No. 190, and the price proposed to be paid therefor Is a fair and just price and is equally as good a price therefor as was to have been paid tor the property and facilities previously proposed to be solil; and WHEREAS, the terms and conditions of the proposed sale as contained in the agreement herelirtjefore set forth (hereinafter referred to as "Agreement") are substantially different from the terms and conditions of the previously prosale as set forth in said Resolution No. 100; and WHEREAS, such sale is in the best interests of tile City, its taxpayers and its users of electric energy and the Common Council, by reason of said petition of -the voters, now deems it advisable and desirable to enter Into anil proceed to carry out the Agreement, but still one hundred freeholders and resident taxpayers oTTJedattir may petitiori, in accordance with- law, the Common Council to submit at a special or general election the qtiestlon of such a sale to the qualified voters of Decatur ami thereupon such an election shall be held lor' z such purpose; and W HEREAS, the voters signing the said petition presented to the Common- Council on May 19. 1959 requested the Common Council, in Connection with any sale of the Electric System, to set out so far as is-, permitted by law how the proceeds/ of any such sale are to be kepfand employed; and W HEREAS, prior to the enactment of Chapter 53 of the Acts of 1959 by the Indiana General Assembly, all funds which would have been realized from the of the Electric Hystem would be required to be credited to the City’s general fund to be used as any other general fund i of the City, but under and pursuant to Chapter S 3 of the Acts of 1959 , such funds, whefher-trr not* credited I to the general fund of the City, i can be need for the payment of bond- . ed indebtedness of the City, or the acquisition, expahsiton oh Improvement of any municipal property t whether the same be deemed a pro- ,
20 Years Ago Today O * June 27,1939—Officials of Adams Post 43, American Legion, announced that the Decatur high school band will present a concert preceding the annual fireworks display the night of July 4. The shelter house at Hanna-Nutt-man park has been completed under the NYA program and is ready for use. U.S. highway 27, from the North bridge over the St. Mary’s river to the Pennsylvania fracks near Monmouth, was closed today for resurfacing. ~ The newly constructed addition, to the Pleasant Mills school was flooded following a heavy rainstorm last night, but little damage was caused. More than 100 Adams county residents, led by the famous Decatur Girl's band, will take part in the reception at Indianapolis Friday for Paul V. McNutt Moody Breoneman, 61, prominent Adams county nursery owner and landscaper, died at his home near o Modern Etiquette By ROBERTA LEE O — Q Q. If a man is standing on a crowded bus near his fiancee, Who is seated, and the seat next to her is vacated, may he properly seat himself next to her, or should he allow one of the standing women to take the seat? A. Most certainly, he should allow a nearby woman to take the seat. Q. What is the proper salutation to a letter written to a Protestant minister? A. If he isA’D.D. or LL.D., you write “Dear Dr. Hill.” If he has neither of these degrees, then it is just “Dear Mr. Hill.” Q, Is it suitable to have married women serve as bridesmaids? A. If they are good friends of the bride, there’s certainly nothing wrong with this. Cut Glass - Articles of cut glass will have a brilliant polish, if a little turpentine is added to the water when cleaning them. Use about one tablespoon to two quarts of water. •■k over nn)enta-l function, including the acquisition, expansion or improvement of hte CitVs-water-disposal Plant; and 8 manatory upon , use the funds derived from the sale of the Electric System first to the redemption of all revenue bonds and securites appertaining to the City’s Electric System, but it appears that all turns thereafter remaining should be Held and properly invested bv the City, and the interest realized therefrom tq be used for needed City improvements with portions of the principal to be used from time to time for both governmental and proprietary porposes of the City after study and upon recommendations of a Citizens Advisory Committee to Jt>e appointed by the Mayor:., ' * THEREFORE. be it res(ILVED by the Common Council of i of I>ecatur, .Indiana,, that: 1. rhe City does now enter into and make the Agreement in the form hereinbefore set forth, and the Mayor 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 C-ity, and when the same Ist 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. j 2. Pursuant to and in accordance with the statutes of the State of Indiana in such ease made and provided, the City, through its Mayor, shall proceed to have or couse to- have the Klectric Property* - as ■named and set forth in the Agreement, appraised r,y three disinterested freeholders of Adams County, Indiana, to be appointed by the Judge of the Circuit Court of Adams County, none of whom shall be residents or taxpayers of Decatur. 3. Subject to the~compllance with all the terms and conditions specified, in the Agreement, the Electric Property shall be sold and transferred to the Company at the price, in the'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 City 5. 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 provisions 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 he In force from and after its pasage and its. signature bv Ibe 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, 11>")9 ’ /«/ Robert D. Cole (Robert D. Cole) Mayor Presiding Officer of the Common Council ATTEST: /./ Miriam Holl (Miriam Hall) Clerk-Treasurer Presented by me to the Mayor of the City, of Decatur this 16th day of June, 1959. /»/ Mnrlnm Hall (.Mariam Hall) Clerk-Treasurer I Approved, and signed this 16th day of June, A.*.. 1959. /*/ Robert D. Cole (Robert D. Cole) Mayor J Ddted at Decatur, Indiana, this 18th day of June, ,1959., Robert 11. Cole (Robert D. Cole) Mayor of the City of Decatur, Indiana Robert D. Cole •» |Robert D. Cole) Presiding Off-; leer of the Common Council of the City of Decatur, Indiana ATTEST: Mariam Hall (Mariam Hall) Clerk-Treasurer , June 20 2'7
Peppy P*b When the Preble Peppy Pale met recently, Mary Hackman was in charge. Shirley • Scheuman and Diana Fuhrman led the pledges and Shirley Gallmeyer, group singing. Members answered to roll call by naming pastimes. Mary Heckman and Cheryl Buuck gave a demonstration, "How to Make a Chocolate Cake.” Judy Bultemeier and Barbara Werling served refreshments. The Peppy Pals will meet at Judy and Kaye Bultemeler’s home, July 7, at 1 p.m. Peppy Gala When the Decatur Peppy Gals club met Thursday, the group discussed plans for the 4-H fair, July 28, 29, and 30, and for the local judging, July 21, at 9 a.m. Karen Lough and Diane August led the pledges, opening the meeting. Mary Eichenauer gave the health report, and Colleen Kelly took charge of roll call and dues collection. Refreshments were served by Debbie Bultemeier, Linda Brodbeck, and Sharon Zwick. The next meeting for the Peppy Gals is July 2, at 1:30, in the Decatur high , school home ec room. Jolly Juniors The Preble Jolly Juniors discussed their future 4-H trip when they met this week, with Lila Kruetzman in charge. Ruth Ann Hoffman and Dave Schulenburg led the pledges, and Ruth Ann, group singing. The members responded to roll call by naming their favorite pets and their names. Three guests were present: Susan Thieme. Lanny Thieme, and Vivian Schuller. July 3 is the date of the next meeting, to begin at 7 p.m. at the Magley school. Up and At It Diane Raudenbush gave a demonstration on planting and transplanting plants at this week’s meeting of the Blue Creek Up and At It club. Kathy Brunstnipp presided, and Diane led pledges and group singing and gave a poem, “You Can Never Tell.” Nancy Raudenbush gave devotions. Barbara and Carolyn Carver provided refreshments. The next meeting for the Up and At It club will be June 30, at 1:30 p.m. at the Kimsey school.
Grew With Indiana’s Finest p Mobile Home / Park I With Following Features: 1. Lots from 2O’xsO’ to 50’xl00’. 2. City Utilities. 3. Gas piped to each space. 4. Sealed street?. 5. Sidewalks. * 6. Modern up-to-date laundry. Speed Queen automatics an<j conventional washing machines. Gas dryers and extractors. 7. Recreation building with kitchen. 8. Fenced Playground with merry-go-round, swings, teeter-totters. 9. Wooded picrfic area. 10. Reasonably priced 11. P. A. System. Park has regulations. Is well lighted. Children welcome. Sorry, no pets. * Hi-Way Trailer Park 521 S. 13th St. Ph. 3-9825 Decatur, Ind. P. S. 5 New addition under construction now.
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SATURDAY, JUNE 27, 1959
for over ioo YEARS wSffijg 00 9 BOWER ■ JEWELRY STORE Decatur Indiana J * Benefits all cars — a “must” for new cars.. *b ... •• • H Mobiloil K| - <> No dangerous “thinning” at turnpike speeds Turnpike driving creates high engine temperatures. Ordinary oif thins out dangerously under these conditions—can't protect effectively. Mobiloil Special—the all-season oil—retains its protective “body”—keep!''"// frictional wear to an absolute ' minimum. / i Mobiloil Special—specially made th preserve newrcar performance! V'apyf Mobiloil Special MoWgas Tkeatt- ' season oil! I PETRIE OIL CO., DIST. GAY’S MOBIL SERVICE 13th & Monroe Sts. M. & C. TRUCK STOP 13th & Adams Streets BUTLER GARAGE 126 S. First Street GATEWAY Mobil Service U. S. 224 East at Monroe Street, Ext. LISTER’S STORE Preble, Indiana GENE’S MOBIL Service ' Bth & Monroe Streets TIM’S SUPER SERVICE Berne, Indiana ZURCHER MOBIL Service Monroe, Indiana
