Nappanee Advance-News, Volume 135, Number 36, Nappanee, Elkhart County, 8 September 2016 — Page 3
All those i YEARS AGO 100 YEARS AGO September 8,1916 By reason of the regular Monday evening session of the town board of trustees falling on a legal holiday, the regular meeting will be held sometime during the week when matters of importance will be considered. The tax levy will be made for the first time from a budget, as prescribed by the state board of accounts, the forms having been received by Gerk Kizer. There is a possibility that the previous levy may be reduced. A number of sidewalks are going to be given consideration, also a sewer that is wanted by residents of East Centennial street. A meeting of the business men will soon be held with the board to consider the park lighting system for the business and residence districts. There is much sentiment in favor of this now.
Announcement is made that J.E. Smith & Son, Ford dealers in Elkhart will establish a branch salesroom and service station in Nappanee about September 15th. Territory that will be covered by this firm consists of Scott and Jefferson townships in Kosciusko county, and Locke, Union, Olive, Harrison, Concord, Baugo, Geveland, Osolo, Washington, and York townships in Elkhart county, and the two east miles in Madison township St. Joe county. There will be several salesmen working out of Nappanee. The firm will occupy the Wisler room adjoining the practice. 75 YEARS AGO September 11,1941 William Miller, 601 West Walnut street, now kept confined much of the time to his home because of an impairment in his sight, has a story to tell which he does in a way it makes one wonder at the part he played in the bringing of Nappanee from a city of a few homes and a store or two to its present size. For over fifty years, he played an important part in the business life of this community, only giving up his work when his eyes failed him. It is still an ordinary day matter to see him making his way about the city, feeling with his cane, and very few times finding himself lost, usually this being the case when some change is made along the city streets which causes him to miss familiar objects to the touch. September 18th will be Mr. Miller's 87th birthday. He is in excellent physical condition for one of that age, gets around actively, and enjoys visiting with his friends. Martin Middleton, driver for the Southern Express trucking company, fortunately escaped with only very minor injuries Saturday morning when the truck he was driving turned over and was almost completely demolished three miles west of Nappanee on U.S. 6. The truck turned over after colliding with a car driven by Ira Roath of Etna Green. Roath attempted to make a left hand turn at the same time the truck driver tried to pass his car. Both machines were driving west at the time. The truck was loaded with ten ton of electric motors and the cargo was valued at SIO,OOO, according to insurance adjusters who investigated the crash. 50 YEARS AGO September 8,1966 Nappanee police apprehended four 18 year old boys on Tuesday on possible charges of malicious trespassing and theft. The youths had been on a one week spree of throwing eggs, tomatoes, and watermelon at parked cars, passing cars and trucks, bicycle riders, and even the police car while it was parked. They confessed also to stretching a rope across County Road 3 north of the junction with County Road 52 and to breaking farmhouse windows. From a vantage point at the Baltimore and Ohio viaduct west of Nappanee, they pelted semi-trucks and Amish buggies with the eggs and tomatoes. A full-blooded Seneca Indian who is one of the nation's top bowlers will blaze the trail into Nappanee Thursday and Friday of this week. Brunswick star Chief Halftown, also a popular Philadelphia TV star, is scheduled to appear at Gold Crown Lanes. According to Arthur "Red" Weber, owner of Gold Crown Lanes, the Chief is in town to conduct bowling "pow wows" with the young bowlers of the Nappanee area. He has traveled thousands of miles in helping thousands of youngsters learn to enjoy the fun of bowling. 25 YEARS AGO September 11,1991 On the school board agenda of the Monday evening meeting, was the task of interviewing six reputable candidates to replace Roy Borkholder. Borkholder was unable to finish his term due to job relocation. Only one woman, Karen Berger, attended as a candidate. The five male nominees were Dr. Paul Dieterlen, James LaTour, John Mishler, Rick Persing, and Terry Weldy. The applicants were asked to fill out questionnaires ahead of time, turn them into the board and then present their responses orally at the meeting as Board member Laura Zell called on them. Among the topics of interest were their individual backgrounds as well as their personal involvements with the school system. The debate over the Hartman-Madison Historic District continued at the Nappanee Common Council meeting held Tuesday evening. Residents of the area, members of the Historic Commission, and council members voiced concerns over benefits to the neighborhood, city and property owners. Some wanted to know if the guidelines would be so strict that they might hinder the value of their home, either now or in a resale. Also addressed were the wishes of residents who may want the choice or not of being a part of district. In response to a petition presented by the residents, Mayor Callander presented what he felt to be the fairest solution. He suggested notifying each of the property owners who would be affected by way' of a written letter, giving them the option to withdraw from the district . sktW,i U n’-
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119 Nappanee Legate NOI PUBLIC NOTICE Commonwealth Engineers, Inc (7256 Company Drive, Indianapolis, IN 46237), on behalf of the City of Nappanee, Indiana is submitting a Notice of Intent (NOI) to the Indiana Department of Environmental Management (IDEM) of their intent to comply with the requirements of 327 lAC 15-5 to discharge storm water from construction activities associated with the City of Nappanee’s Long Term Control Plan Improvements Project. The location of the Project will be along
NOTICE OF INTENT TO SELL BONDS APPROXIMATELY $22,000,000 AD VALOREM PROPERTY TAX FIRST MORTGAGE BONDS, SERIES 2016 WA-NEE COMMUNITY SCHOOL BUILDING CORPORATION Upon not less than twenty-four (24) hours' notice given by the undersigned Secretary prior to the ninetieth day after this notice is first published, Wa-Nee Community Schoo Building Corporation (the “Corporation”) will receive and consider bids for the purchase of the following described Bonds, Any person interested in submitting a bid for thr Bonds must furnish in writing to the Wa-Nee Community School Building Corporation c/o H.J, Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Cross ing, Suite 300, Indianapolis, Indiana 46240-0458 (317) 465-1500, (317) 465-1550 (facsimile) or by e-mail to [email protected] or [email protected] on or beforr 2:00 p.m. (Indianapolis Time) September 15,2016, the person’s name, address, and telephone number. Interested persons may also furnish an e-mail address. The under signed Secretary will notify (or cause to be notified) each person so registered of the date and time bids will be received not less than twenty-four (24) hours before the date and time of sale. The notification shall be made by telephone at the number furnished by such person and also by electronic e-mail, if an e-mail address has been received Notice is hereby given that electronic proposals will be received via PARITY®, in the manner described below, until the time and date specified in the Notice provided at leas 24 hours prior to the sale, which is expected to be 11:00 a.m. (Indianapolis Time), on September 20,2016. Bids may be submitted electronically via PARITY® pursuant to this Notice until the time specified in the Notice, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set font in PARITY® conflict with Notice, the terms of this Notice shall control. For further information about PARITY®, potential bidders may contact the Corporation’s advisor, H.J Umbaugh & Associates, Certified Public Accountants, LLP at (317) 465-1500 or PARITY® at (212) 849-5021. At the time designated for the sale, the Corporation will receive at the offices of H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suits 300, Indianapolis, Indiana, and consider bids for the purchase of the following described Bonds: Ad Valorem Property Tax First Mortgage Bonds, Series 2016 (the “Bonds”) of the Corporation, an Indiana corporation, in the principal amount of $22,000,000 (preliminary subject to change); Fully registered form; Denomination $5,000 and integral multiples thereof (or in such other denomination as requested by the winning bidder); Original!; dated the date of delivery of the Bonds; Bearing interest at a rate or rates to be determined by bidding, payable no earlier than January 15,2017, and semiannually thereafter Interest payable by check mailed one business day prior to the interest payment date or by wire transfer to depositories on the interest payment date to the person or depositor in whose name each Bond is registered with the trustee on the fifteenth day immediately preceding such interest payment date; Maturing or subject to mandatory redemptior on January 15 and July 15 beginning no earlier than July 15,2017 through and including no later than January 15,2031 on the. dates and in the amounts as provided by thr Corporation prior to the sale. As an alternative to PARITY®, bidders may submit a sealed bid to the Corporation’s financial advisor at the address described above until the time and on the date identified ir the notice given by, or on behalf of the Corporation, twenty-four hours prior to the sale of the Bonds. Upon completion of the bidding procedures described herein, the result! of the sealed, non-electronic bids received shall be compared to the electronic bids received by the Corporation. The Corporation reserves the right to adjust the maturity schedule following the sale in order to accomplish the Corporation's financial objectives by reallocating debt servicr based upon the rates bid by the successful bidder. The Bonds shall be redeemable prior to maturity at the option of the Corporation, in whole or in part in such order of maturity as the Corporation shall direct and by lot withir maturity at face value, on or after the date selected by the Corporation's financial advisor. In the case of any redemption, 30 days’ notice will be given by mail to the registered owners of the Bonds to be redeemed, and accrued interest will be paid to the date fixed so redemption. Interest on the Bonds so called for redemption will cease on the redemption date fixed in said notice if funds are available at the place of redemption to redeerr the Bonds so called on the date fixed in said notice, or thereafter when presented for payment. A bid may designate that a given maturity or maturities shall constitute a term bond, and the semi-annual amounts set forth in the schedule provided prior to the sale shal constitute the mandatory sinking fund redemption requirements for such term bond or bonds. For purposes of computing true interest cost, the mandatory redemption amount! shall be treated as maturing on the dates set forth in the schedule set forth provided prior to the sale. Each bid must be for all of the Bonds and must state the rate of interest which each maturity of the Bonds is to bear, stated in multiples of 1/Bth or 1/100th of 1%. The maximun interest rate on the Bonds shall not exceed 5.00% per annum. All Bonds maturing on the same date shall bear the same rate, and the rate of interest bid for each maturity must be equal to or greater than the rate bid on the immediately preceding maturity. Bids shall set out the total amount of interest payable over the term of the Bonds and ths true interest cost on the Bonds covered by the bid. No bid for less than 99.50% of the face value of the Bonds will be considered. The Bonds will be awarded to the lowes responsible and responsive bidder who has submitted a bid in accordance herewith. The lowest responsible and responsive bidder will be the one who offers the lowest true interest cost to the Corporation. The true interest cost rate is that rate which, when used to compute the total present value as of the date of delivery of the Bonds of all deb service payments on the Bonds on the basis of semiannual compounding, produces an amount equal to the sum of the par value of the Bonds minus any premium bid plu; any discount. In the event of a bidder's error in interest cost rate calculations, the interest rates and premium, if any, set forth or incorporated by reference in the Official Bit Form will be considered as the intended bid. No conditional bids will be considered. The right is reserved to reject any and all bids. If an acceptable bid is not received so the Bonds on the date of sale hereinbefore fixed, the sale may be continued from day to day thereafter, during which time no bids for less than the highest bid received at th< time of the advertised sale will be considered. Each bid not submitted via PARITY® must be enclosed in a sealed envelope addressed to the Corporation and marked on the outside “Bid for Ad Valorem Property Tax Firs Mortgage Bonds, Series 2016”. A good faith deposit (“Deposit”) in the form of cash or certified or cashier's check in the amount of $220,000 (preliminary, subject to change payable to the order of the Corporation is required to be submitted by the successful purchaser (the “Purchaser”) not later than 3:30 p.m. (Indianapolis Time) on the nex business day following the award. If such Deposit is not received by that time, the Corporation may reject the bid. No interest on the Deposit will accrue to the Purchaser The Deposit will be applied to the purchase price of the Bonds. In the event the Purchaser fails to honor its accepted bid, the Deposit will be retained by the Corporation at liquidated damages. The successful bidder shall make payment for such Bonds and accept delivery thereof within five/days after being notified that the Bonds are ready for delivery, at such place in the City of Indianapolis, Indiana, as the successful bidder may designate, or at such other location mutually agreed to by the School Corporation and the successful bidder The Bonds will be ready for delivery within 45 days after the date of sale. If the Corporation fails to have the Bonds ready for delivery prior to the close of banking hours or the forty-fifth day after the date of sale, the bidder may secure the release of his bid upon request in writing, filed with the Corporation. The successful bidder is expected tt apply to a securities depository registered with the SEC to make such Bonds depository-eligible. At the time of delivery of the Bonds to the successful bidder, the bidder will b< required to certify to the Corporation (i) the initial reoffering price to the public of a substantial amount of each maturity of the Bonds, if the Bonds are reoffered, or (ii) that th< bidder is purchasing the Bonds for its own accounts and not with the present view of reselling, distributing or otherwise disposing of all or any part of the Bonds, if the Bond; are not reoffered. Bidders must comply with the Rules of PARITY® in addition to requirements of this Notice of Intent to Sell Bonds. To the extent there is a conflict between the Rules of PAR ITY® and this Notice of Intent to Sell Bonds, this Notice of Intent to Sell Bonds shall control. Bidders may change and submit bids as many times as they wish during the sale but they may not withdraw a submitted bid. The last bid submitted by a bidder prior to the deadline for the receipt of bids will be compared £o all other final bids to determinr the winning bid. During the sale, no bidder will see any other bidder’s bid, nor will they see the status of their bid relative to other bids (e.g., whether their bid is a leading bid) It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect theretr shall constitute cause for failure or refusal by the successful bidder therefor to accept delivery of and pay Tor the Bonds in accordance with the terms of its proposal. No CUSIF identification number shall be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall hereafter attach to the Corporation or any o its officers or agents because of or on account of such numbers. All expenses in relation to the printing of CUSIP identification numbers on the Bonds shall be paid for by the Corporation; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the Purchaser The Purchaser will also be responsible for any other fees or expenses it incurs in connection with the resale of the Bonds. The approving opinion of Ice Miller LLP, bond counsel of Indianapolis, Indiana, together with a transcript of the proceedings relating to the issuance of the Bonds and closinr papers in the usual form showing no litigation questioning the validity of the Bonds, will be furnished to the successful bidder at the expense of the Corporation. The Corporation was organized for the purpose of constructing and renovating school facilities and leasing such facilities to Wa-Nee Community Schools. All action has beer taken and the Bonds are issued in compliance with the provisions of I.C. 20-47-3. The Bonds will be secured by a Trust Indenture between the Corporation and a trustee banl and will be subject to the terms and provisions of said Trust Indenture. The Corporation will certify as to facts to support the conclusion that the Bonds do not constitute private activity bonds as defined in Section 141 of the Internal Revenue Code. The property to be covered by the Trust Indenture has been leased for a period of 22 years to Wa-Nee Community Schools. The Lease Agreement provides for rental durinc renovation in the amount of $990,000 per payment, payable on June 30,2017 through the completion of construction. Thereafter, the Lease Agreement provides for payment! in the amount of $3,387,000, plus the payment of all taxes and assessments, which annual rental is payable semiannually on June 30 and December 31 in each year, com mencing with the completion of the project or June 30,2019, whichever is later. After the sale of all Bonds issued by the Corporation to pay for the cost of said construction and renovation, including the acquisition of real estate and other expenses incidenta thereto, the annual rental shall be reduced to an amount equal to the multiple of SI,OOO next highest to the highest sum of principal and interest due on such Bonds in eact twelve month period ending on January 15 plus $20,000, payable in equal semiannual installments. All bidders shall be deemed to be advised as to the provisions of thr above-mentioned Trust Indenture and Lease Agreement and the provisions of the aforesaid I.C. 20-47-3. The Bonds constitute an Indebtedness only of the Corporation, payable in accordance with the terms of the above-mentioned Trust Indenture. In the opinion of bond counsel under the existing statutes, decisions, regulations and rulings, the interest on the Bonds is exempt from all income taxation in Indiana. In the opinion of bond counsel, unde the existing federal statutes, decisions, regulations and rulings, the interest on the Bonds is excludable from gross income for purposes of federal income taxation. The Corporation has prepared a Preliminary Official Statement relating to the Bonds which it has deemed to be a nearly final Official Statement. A copy of the Preliminary Of ficial Statement may be obtained from the Corporation’s financial advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300 Indianapolis, Indiana 46240-0458. Within seven (7) business days of the sale, the Corporation at its own expense will provide the successful bidder with copies of the fina Official Statement in such quantity as the bidder shall request in order for such bidder to comply with Section (b)(4) of SEC Rule 15c2-12 and the rules of the Municipal Securi ties Rulemaking Board. Additional copies, at the purchaser’s expense, must be requested within five (5) business days of the sale. Inquiries concerning matters container in the nearly final Official Statement must be made and pricing and other information necessary to complete the final Official Statement must be submitted by the successfu bidder within two (2) business days following the sale to be included in the final Official Statement. The School Corporation has agreed to enter into a Master Continuing Disclosure Undertaking in order to permit the successful purchaser to comply with the SEC Rule 15c2-12 A copy of such Master Continuing Disclosure Undertaking is available from the School Corporation or financial advisor at the addresses below. Further Information relative to the aforementioned Bonds and a copy of the nearly final Official Statement may be obtained upon application to H.J. Umbaugh & Associates Certified PubficAccountants, LLP, 8365 Keystone Crossing, Suite 300, Indianapolis, Indiana 46240-0458, financial advisor to Wa-Nee Community Schools; Randall Hesser Warrick & Boyn, LLP, 121 West Franklin Street, Elkhart, Indiana 46516, attorney for the School Corporation; or Joe Sabo, Superintendent, Wa-Nee Community Schools, 130( North Main Street, Nappanee, Indiana 46550. If bids are submitted by mail, they should be addressed to H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 836! Keystone Crossing, Suite 300, Indianapolis, Indiana 48240-0458. Dated this 31st day of August, 2016. tnc brown > dibftt&rv. Board of Directo* Wa-Nee Community School Building Corporation '■'V *! V I,B,2OUFVWSO9 hapaxlp
119 Nappanee Lsgate Berlin Court Ditch, between Nappanee Street and Oakland Avenue (approximate latitude of N41°26'44” and longitude of E85°59'10”), within the City of Nappanee. Runoff from the project site will discharge to Berlin Court Ditch. Questions or comments regarding this project should be directed to Albert Stong, Project Manager, Commonwealth Engineers, Inc. September 8, 2016 AN1304 hspaxlp CLASSIFIEDS WORK
119 Nappanee Legals
Advance News * Thursday, September 8, 2016 1
119 Nappanee Legate NOTICE OF UNSUPERVISED ADMINISTRATION In the Elkhart Circuit Court of Elkhart County, Indiana. Notice is hereby given that TIFFINY D. SCHWARTZ was on the 23rd day of August, 2016, appointed Personal Representative of the estate of HELEN L. TRUEX, deceased, who died on the Bth day of August, 2016. The Personal Representative is authorized to administer said estate without Court supervision. All persons who have claims against said estate, whether or
119 Nappanee Legals not now due, must file the same in the office of the clerk of this Court/within three (3) months from the date of the first publication of this notice or/within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred. Dated at Goshen, Indiana, this 23rd day of August, 2016. Wendy Hudson Clerk of the Elkhart Circuit Court for Elkhart County, Indiana Christopher G. Walter, Attorney Estate No. 20C01-1608-EU-140 September 1,8, 2016 AN0793 hspaxlp
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