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6/22/2017
No price provided.
TO WHOM IT MAY CONCERN:

TO WHOM IT MAY CONCERN:

    Notice is hereby given the Kokomo City Plan Commission will hold a public hearing on Wednesday, July 5th, 2017, at 7:00 p.m. In the Neal Council Chamber in Kokomo City Hall, 100 South Union Street, Kokomo, Indiana. A portion of the agenda is as follows:

    Case 5-V-17: The petition of Belle Tire c/o Chris Enright with Enright Architects, requesting a Variance to Sec. 4.27 (B)(h)(i) In the Regional Center of the SR 931-OL, on property described as Part of the Northwest Quarter of Section 5, Township 23 North, Range 4 East, City of Kokomo, Center Township, Howard County, Indiana, described as follows:

    Commencing at the northeast corner of said quarter marked by a Harrison Monument; thence S 89° 41' 1211 W (assumed bearing) 280.51 feet along the north line of said quarter; thence S 00° 56' 21" W 74.97 feet to the south right-of-way of Markland Avenue and the point of beginning, marked by a 5/8 inch diameter rebar with orange cap stamped "FIRM 0047" (hereafter referred to as rebar); thence S 00° 56' 21" W 173.78 feet along the west line of a parcel described in Plat Book 9, page 161 to a rebar; thence S 89° 13' 44" W 223.18 feet to the southeast corner of Sonic Minor Subdivision as recorded at Instrument Number 1634007584; thence N 00° 51' 07" E 194.56 feet along the east line of said subdivision to the northeast corner thereof; thence S 88° 37' 45" E 15.56 feet along the south right-of-way of Markland Avenue to a right-of-way marker; thence S 80° 25' 24" E 102.98 feet along said right-of-way to a right-of-way marker; thence S 89° 51' 16" E 106.00 feet along said right-of-way to the point of beginning, containing 0.93 acre, more or less, at 2333 East Markland Avenue.

    At said time and place, all interested persons may be heard.

Wednesday, July 5th, 2017

7:00 p.m.

KOKOMO CITY BOARD of ZONING APPEALS

KOKOMO, INDIANA

1706-127

6/22/17

hspaxlp

 

 

 

 

 

6/22/2017
No price provided.
TO WHOM IT MAY CONCERN:

TO WHOM IT MAY CONCERN:

      Notice is hereby given the Kokomo City Plan Commission will hold a public hearing on Wednesday, July 5th, 2017, at 7:00 p.m. in the Neal Council Chamber in Kokomo City Hall, 100 South Union Street, Kokomo, Indiana.  A portion of the agenda is as follows:

    Case 6-V-17: The petition of Donald & Arland Dobbs, requesting a Variance to Sec. 6.9 (E) and Sec. 6.16 (A)(C) in order to construct an 18’ above ground pool in an R4 zone; on property described as Lot 1 in Marott’s Park Addition, Center Township, Kokomo, Howard County, Indiana at 1511 South Webster Street.

   At said time and place, all interested persons may be heard.

Wednesday, July 5th, 2017

7:00 p.m.

KOKOMO CITY BOARD of ZONING APPEALS

KOKOMO, INDIANA

1706-128

6/22/17

hspaxlp

6/22/2017
No price provided.
NOTICE OF ADMINISTRATION

34C01-1705-EU-00025

Steven R. Latterell, #25672-49

Dale E. Stackhouse, # 14348-49

ICE MILLER LLP

One American Square, Suite 2900

Indianapolis, Indiana 46282-0200

NOTICE OF ADMINISTRATION

In the Howard Circuit Court,

In the Matter of the Estate of Bryan Thurmond, deceased,

Estate Docket - 34C01-1705-EU-00025

Notice is hereby given that Bryan Helm was on 5/24/17, appointed Personal Representative of the Estate of Bryan Thurmond, deceased, who died on April 28, 2017.

    All persons who have claims against the estate, whether or not now due, must file the claim 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 Kokomo, Indiana, 5/24/17.

Kim Wilson

Clerk of the Howard Circuit Court

1706-132

6/22-29/17

hspaxlp

 

 

6/22/2017
No price provided.
TO WHOM IT MAY CONCERN:

TO WHOM IT MAY CONCERN:

      Notice is hereby given the Kokomo City Plan Commission will hold a public hearing on Wednesday, July 5th, 2017, at 7:00 p.m. in the Neal Council Chamber in Kokomo City Hall, 100 South Union Street, Kokomo, Indiana.  A portion of the agenda is as follows:

    Case 6-V-17: The petition of Donald & Arland Dobbs, requesting a Variance to Sec. 6.9 (E) and Sec. 6.16 (A)(C) in order to construct an 18’ above ground pool in an R4 zone; on property described as Lot 1 in Marott’s Park Addition, Center Township, Kokomo, Howard County, Indiana at 1511 South Webster Street.

   At said time and place, all interested persons may be heard.

Wednesday, July 5th, 2017

7:00 p.m.

KOKOMO CITY BOARD of ZONING APPEALS

KOKOMO, INDIANA

1706-128

6/22/17

hspaxlp

6/22/2017
No price provided.
NOTICE OF ADMINISTRATION

NOTICE OF ADMINISTRATION

IN THE SUPERIOR II COURT OF HOWARD COUNTY, INDIANA

IN THE MATTER OF THE ESTATE OF DIANE JEAN HARVATH, DECEASED

    Notice is given that Alan R. Harvath was on the 14th day of June, 2017, appointed Personal Representative of the Estate of Diane Jean Harvath, Deceased.

    All personals having claims against said Estate, whether or not now due, must file the same in 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 said claims will be forever barred.

    Dated at Kokomo, Indiana this 14th day of June, 2017.

Kim Wilson

CLERK, HOWARD SUPERIOR COURT

Brian L. Oaks

ATTORNEY FOR THE ESTATE

Brian L. Oaks

Attorney at Law

P.O. Box 958

515 W. Sycamore Street

Kokomo, IN 46903-0958

(765) 854-2192

1706-131

6/22-29/17

hspaxlp

 

 

 

6/22/2017
No price provided.
SUMMONS

STATE OF INDIANA

SS:

COUNTY OF TIPPECANOE

IN THE TIPPECANOE CIRCUIT COURT TO THE 2017 TERM

CAUSE NO. 79C01-1705-JP-000025

IN RE THE PATERNITY OF:

PHILLIP BRADLEY SWANK

b/n/f STEVEN 8. SWANK

Father,

vs.

KAREN L. RECHEK,

Mother.

SUMMONS

    This summons is to KAREN L. RECHEK, address unknown, and to any other person who may be concerned. A paternity action has been filed in the Tippecanoe Circuit Court, 301 Main Street, Lafayette, IN 47901 , telephone:  (765)423-9343. Local Rules in Tippecanoe County require that both parties to this case complete certain specific tasks.

    THIS IS YOUR OFFICIAL NOTICE that an Initial Hearing to Establish Paternity is scheduled for June 26, 2017 at 9 a.m. in the Tippecanoe Circuit Court at 301 Main Street, Lafayette, Indiana. If you wish to hire an attorney to represent you in this matter, it is advisable to do so before that date. If you do not appear for that hearing, a final order could be entered by default determining paternity, custody, parenting time and child support.

    The Petitioner is presented by Marcel Katz, Atty No. 5087-79, 200 Ferry Street, Suite M, Lafayette, IN 47901, telephone: (765)423-2651. If you do not file a written appearance with the Clerk and serve a copy on the attorney for Petitioner, Steven B. Swank, you may not receive notice of any further proceedings in this action.

    You are not required to file any written Answer to respond to the Petition; however, certain grounds for dismissal must be asserted in a timely fashion or are waived; and, if you have a claim for relief against the person who filed the Petition, you may be required assert such a claim in a written pleading which must be filed with the Clerk and served upon the attorney whose name and address are set forth above.

Dated: 5/16/2017

CHRISTA COFFEY

CLERK,

TIPPECANOE CIRCUIT COURT

1706-133

6/22/17

hspaxlp

6/22/2017
No price provided.
OFFICIAL NOTICE OF INTENT TO SELL BONDS

OFFICIAL NOTICE OF INTENT TO SELL BONDS

$20,610,000 (PRELIMINARY, SUBJECT TO CHANGE)

CITY OF KOKOMO, INDIANA

SEWAGE WORKS REVENUE BONDS, SERIES 2017

    Notice is hereby given that upon not less than twenty-four (24) hours’ notice given by telephone, electronically, or otherwise, prior to ninety (90) days from the date of the first publication of this Notice, electronic and sealed bids will be received on behalf of the City of Kokomo, Howard County, Indiana (the “City”) by the City’s Financial Advisor, LWG CPAs and Advisors (the “Financial Advisor”), in the Financial Advisor’s office, One Independence Center, 1776 North Meridian Street, Suite 500, Indianapolis, Indiana 46204, (317) 634-4747 (telephone), Robert.Reynolds@lwgcpa.com (e-mail), for the purchase of the City of Kokomo, Indiana Sewage Works Revenue Bonds, Series 2017, in the aggregate principal amount of $20,610,000 (preliminary, subject to change) (the “Bonds”), pursuant to Ordinance No. 6859 adopted on April 24, 2017 (the “Ordinance”), by the Common Council of the City for the purpose of paying the costs of Sewage Works improvements, as more fully described in the Ordinance, and related and incidental expenses to be incurred in connection therewith and on account of issuance of the Bonds.  The Bonds are an obligation of the City, payable solely out of the net revenues of the system.  The Bonds will be issued on a parity basis with the City of Kokomo, Indiana, Sewage Works Refunding Revenue Bonds, Series 2014, currently outstanding in an aggregate principal amount of $7,820,000 (the “2014 Bonds”) and the City’s Sewage Works Refunding Revenue Bonds Series 2016 currently outstanding in an aggregate principal amount of $3,605,000 (the “2016 Bonds”) (collectively, the 2014 Bonds, the 2016 Bonds and the 2017 Bonds, the “Senior Bonds”).  The pledge of Net Revenues for the City’s Sewage Works Subordinate Refunding Revenue Bonds of 2012 (the “2012 Bonds”) is junior and subordinate to the Senior Bonds.  The Bonds and prescribed uses of the proceeds are authorized by the Ordinance.

    Sealed bids and electronic bids may be submitted until 1:00 p.m. (Eastern Daylight Time) on the date of the sale as described herein.  It is currently anticipated that bids will be requested to be submitted on July 12, 2017.

    The Bonds will be issued in authorized denominations of at least $5,000, or any integral multiple thereof, not exceeding the aggregate principal amount of such Bonds maturing in any one (1) year, shall bear an original issue date which shall be the day on which the Bonds are delivered, and will be numbered consecutively from R-1 upwards.  At the determination of the successful bidder, the Bonds may be issued in book-entry-only form, registered in the name of CEDE & Co., as nominee for The Depository Trust Company (“DTC”).  Purchasers of beneficial interests in the Bonds will not receive physical delivery of bond certificates and ownership by the beneficial owners of the Bonds will be evidenced by book-entry-only.  As long as CEDE & Co. is the registered owner of the Bonds as nominee of DTC, payment of principal and interest will be made directly to such registered owner, which will in turn, remit such payments to the DTC Participants for subsequent disbursement to the beneficial owners.  Neither the City or the Registrar and Paying Agent (defined herein) shall have any liability for the failure of DTC or any DTC participant to remit the payment or provide any notice to any Beneficial Owner of Bonds.

    Interest on the Bonds will be payable semi-annually on February 1 and August 1 in each year, beginning on February 1, 2018, and on the basis of twelve (12) thirty (30)-day months for a three hundred sixty (360)-day year.

    The Bonds will mature on February 1 and August 1 in the years beginning not earlier than August 1, 2023, and ending not later than February 1, 2037, according to the principal maturity schedule for the Bonds, which will be provided by the Financial Advisor on behalf of the City at least twenty-four (24) hours prior to the date and time of sale to those potential bidders who have requested notice thereof (following the receipt of bids and determination of the successful bidder, the City reserves the right to modify individual maturity amounts to achieve approximately level annual debt service with respect to the Senior Bonds).

    The principal of the Bonds is payable upon surrender at the principal office of the paying agent for the Bonds (the “Paying Agent”).  The City Controller is authorized to select and appoint a qualified financial institution to serve as registrar for the Bonds (the “Registrar”) and as the Paying Agent.  Interest on the Bonds will be paid by check mailed one (1) business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month immediately preceding an interest payment date at the address as it appears on the bond register or at such other address as is provided to the Paying Agent in writing by such registered owner or established by agreement with DTC.  So long as DTC or its nominee is the registered owner of the Bonds, principal of and interest on the Bonds will be paid directly by the Paying Agent to DTC by wire transfer on the interest and principal payment dates in accordance with the procedures required by DTC.  Interest on the Bonds authenticated on or before January 15, 2018, will be paid from the original date of the Bonds.  Bonds authenticated thereafter will be paid interest from the interest payment date next preceding the date of authentication of such Bonds unless the Bonds are authenticated after the 15th day of the month immediately preceding an interest payment date and on or before such interest payment date, in which case interest shall be paid from such interest payment date.

    The Bonds maturing on or after August 1, 2027, are subject to optional redemption by the City on February 1, 2027, or any date thereafter, in whole or in part, in amounts and maturities determined by the City and by lot within any such maturity or maturities, at a price equal to the par amount of the Bonds to be redeemed, plus accrued interest to the redemption date and without premium.

    At the option of the successful bidder for the Bonds, all or a portion of the Bonds may be aggregated into one (1) or more term bonds (the “Term Bonds”) payable from mandatory sinking fund redemption payments required to be made as set forth in the Ordinance.  The Term Bonds shall have a stated maturity or maturities on February 1 and August 1 in the years as identified on the final maturity schedule to be provided as set forth above, as determined by the successful bidder.  The Bonds may be transferred or exchanged at the principal corporate trust office of the Registrar, subject to the terms and conditions of the Ordinance.

    Any person interested in submitting a bid for the Bonds may furnish written notice of such intent along with such person’s name, address and telephone number, on or before 10:00 a.m. (Eastern Daylight Time), July 6, 2017, to the City in care of its Financial Advisor, LWG CPAs and Advisors, c/o Robert Reynolds, One Independence Center, 1776 North Meridian Street, Suite 500, Indianapolis, Indiana 46204, (317) 634-4747 (telephone), Robert.Reynolds@lwgcpa.com (e-mail).  The person may also furnish a telex or facsimile number or e-mail address.  The City will cause each person so registered to be notified of the date and time bids will be received for the Bonds, 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 telex or facsimile and electronically if a telex or facsimile number or e-mail address has been furnished.

    Bidders may submit a sealed bid (facsimile and e-mail allowed) to the City’s Financial Advisor at the address described above until 1:00 p.m. (Eastern Daylight Time) on the date identified in the notice given by, or on behalf of the City, not less than twenty-four (24) hours prior to the sale of the Bonds.  It is currently anticipated that sealed bids will be requested to be submitted on or about Wednesday, July 12, 2017.  Bids may also be submitted electronically via PARITY in accordance with this Notice of Intent to Sell Bonds.  To the extent any instructions or directions set forth in PARITY conflict with this Notice of Intent to Sell Bonds, the terms of this Notice shall control.  For further information about PARITY, potential bidders may contact the City’s Financial Advisor, Robert Reynolds, at (317) 634-4747, or PARITY at (212) 849-5021.  Each bid not submitted electronically shall be submitted on a customary bid form which shall be enclosed in a sealed envelope addressed to the Controller of the City (the “Ccontroller”), and marked on the outside “Bid For City of Kokomo, Indiana Sewage Works Revenue Bonds, Series 2017.”

    No conditional bid or bids for less than ninety-nine percent (99.0%) of the par value of the Bonds, will be considered.  The City reserves the right to reject any and all bids and to waive any informality in any bid.  If no acceptable bid is received on the date fixed for sale of the Bonds, the sale may be continued from day to day thereafter without further advertisement for a period not to exceed thirty (30) days, but if so continued, no bid will be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for the sale.

    Each bid must be for all of the Bonds and must state the rate or rates of interest in multiples of 1/8 or 1/20 of 1%, not to exceed 6.0% per annum.  Any bid specifying two (2) or more interest rates shall also specify the amount and maturity of the Bonds bearing each rate, but all Bonds maturing on the same date shall bear the same interest rate.  The rate on any maturity shall be equal to or greater than the rate on the immediately preceding maturity.  The award will be made to the best bidder who has submitted a bid in accordance with the terms of the Ordinance and this Notice.  The best bidder shall be the one who offers the lowest interest cost to the City to be determined by computing the total interest on all of the Bonds from the date thereof to their respective maturities, after deduction therefrom of the premium or addition thereto of the discount, if any.  No bid for less than ninety-nine percent (99%) of the par value of the Bonds, plus accrued interest from the original date of the Bonds to the date of delivery at the rate or rates named in the bid, shall be considered.  No conditional bid will be considered.  The right is reserved to reject any and all bids.  If no satisfactory bids are received at the time and on the date herein fixed, the sale may be continued from day to day thereafter for thirty (30) days until a satisfactory bid has been received, but during such period no bid which provides an equal or higher net interest cost to the City than the best bid received at the time of the advertised sale will be considered.  Although not a term of sale, it is requested that each bid show the net dollar cost to final maturity and the net effective average interest rate on the entire issue.

    The successful bidder will be required to deliver to the City a certified or cashier’s check or wire transfer in the amount of one percent (1%) of the principal amount of the Bonds (the amount of such check or wire transfer being referred to hereinafter as the “Deposit”) not later than 3:30 p.m. (Eastern Daylight Time) on the next business day after the bid is accepted.  No interest on the Deposit will accrue to the successful bidder.  The Deposit will be applied to the purchase price of the Bonds awarded to the successful bidder.  In the event the successful bidder shall fail or refuse to accept delivery of the Bonds and pay for the Bonds as soon as the Bonds are ready for delivery, or at the time fixed herein, then said deposit and the proceeds thereof shall be the property of the City shall be considered as liquidated damages on account of such default.  The successful bidder shall make payment for the Bonds and accept delivery thereof within five (5) days after being notified that the Bonds are ready for delivery at such place in the City or such other place, each as the City Controller shall designate.  It is anticipated that the Bonds will be ready for delivery on or before July 27, 2017, and in any case deliverable within forty-five (45) days from the date of the sale.  In the event that the Bonds are not deliverable within such forty-five (45) day period, the successful bidder shall be entitled to cancel the sale and in such event the good faith deposit will be returned.  At the request of the City, the successful bidder shall furnish to the City, simultaneously with or before delivery of the Bonds, a Certificate in form satisfactory to the City regarding the price at which a substantial amount of the Bonds of each maturity was reoffered to the public.

    It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder to accept delivery of and pay for the Bonds.

    The opinion of Barnes & Thornburg LLP, approving the legality of the Bonds, together with a transcript of the Bond proceedings and closing certificates in the usual form showing no litigation, will be furnished to the successful bidder at the expense of the City.  In the opinion of Barnes & Thornburg LLP, under existing laws, regulations, judicial decisions and rulings, interest on the Bonds is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended, (the “Code”) for federal income tax purposes.  In addition, the interest on the Bonds is exempt from income taxation in the State of Indiana for all purposes except the state financial institutions tax.  The Bonds are subject to the Code, as amended, as in effect on the date of their issuance, which imposes limitations on the issuance of obligations such as the Bonds under federal tax law.  The City has covenanted to comply with those limitations to the extent required to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes.  The Bonds have not been designated as qualified tax-exempt obligations pursuant to Section 265(b) of the Code for purposes of the deduction of interest expense by banks and other financial institutions.

A copy of the Preliminary Official Statement prepared at the direction of the City may be obtained by request from the Financial Advisor, LWG CPAs and Advisors, c/o Robert Reynolds, One Independence Center, 1776 North Meridian Street, Suite 500, Indianapolis, Indiana 46204, (317) 634-4747 (telephone), prior to bid opening.  Said Preliminary Official Statement will be in a form deemed final by the City, pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”).

    The Preliminary Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, and any other information referred to in paragraph (b)(1) of the Rule, shall constitute a “Final Official Statement” of the City with respect to the Bonds, as that term is defined in the Rule.  By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefore, the City agrees that, no more than seven (7) business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded up to twenty-five (25) copies of the Official Statement at the City’s expense, any additional copies to be at the expense of the underwriting syndicate.  The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each participating Underwriter.  Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt of each such Participating Underwriter of the Final Official Statement.

    In order to assist bidders in complying with paragraph (b)(5) of the Rule, the City will undertake, pursuant to the Ordinance and the Continuing Disclosure Agreement which shall be delivered to the successful bidder at the closing on the Bonds, to provide annual reports, certain financial information, and notices of certain events as required by Section (b)(5) of the Rule.  A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Final Official Statement.

    If bids are submitted by mail, they should be addressed to the City in care of the Financial Advisor at the address listed above.

Information Required from Winning Bidder; Certificate of Reoffering Prices

    The following provisions apply if the winning bidder is an underwriter intending to resell all or any portion of the Bonds to the public:

    (a) The winning bidder must provide the Financial Advisor with the reoffering prices and yields for the Bonds it will purchase on the day Bonds are awarded upon the conclusion of the bidding. The reoffering prices and yields so provided will be printed on the inside cover of the final official statement relating to the Bonds (the “final Official Statement”).

    (b)  The winning bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at Closing an “issue price” or similar certificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications. All actions to be taken by the City under this Notice of Intent to Sell to establish the issue price of the Bonds may be taken on behalf of the City by the City’s Financial Advisor and any notice or report to be provided to the City may be provided to the City’s Financial Advisor.

    (c)  The City intends that the provisions of Treasury Regulation Section 1.148-l(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because:

        (1) the City shall disseminate this Notice of Intent to Sell to potential underwriters in a manner that is reasonably designed to reach potential underwriters;

        (2) all bidders shall have an equal opportunity to bid;

        (3)  the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and

        (4)  the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Notice of Intent to Sell.

    Any bid submitted pursuant to this Notice of Intent to Sell shall be considered a firm offer for the purchase of the Bonds, as specified in the bid.

    (d) In the event that the competitive sale requirements are not satisfied, the City shall so advise the winning bidder. The City shall treat the first price at which 10% of a maturity of the Bonds (the “10% test”) is sold to the public as the issue price of that maturity, applied on a maturity-by-maturity basis. The winning bidder shall advise the City if any maturity of the Bonds satisfies the 10% test as of the date and time of the award of the Bonds.  The City will not require bidders to comply with the “hold-the-offering-price rule” and therefore does not intend to use the initial offering price to the public as of the sale date of any maturity of the Bonds as the issue price of that maturity. Bids will not be subject to cancellation in the event that the competitive sale requirements are not satisfied.

    (e) If the competitive sale requirements are not satisfied, then until the 10% test has been satisfied as to each maturity of the Bonds, the winning bidder agrees to promptly report to the City the prices at which the unsold Bonds of that maturity have been sold to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until the 10% test has been satisfied as to the Bonds of that maturity or until all Bonds of that maturity have been sold.

    (f)  By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each retail distribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder and as set forth in the related pricing wires, and (ii) any agreement among underwriters relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder or such underwriter and as set forth in the related pricing wires.

    (g) Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Notice of Intent to Sell. Further, for purposes of this Notice of Intent to Sell:
        (i) “public” means any person other than an underwriter or a related party,

        (j)“underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public),

        (k) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and

        (l) “sale date” means the date that the Bonds are awarded by the City to the winning bidder.

    Failure to provide the reoffering prices and yields, or such certificate in a form satisfactory to Bond Counsel may result in cancellation of the sale and/or forfeiture of the winning bidder’s good faith deposit.

    Dated this 21st day of June, 2017.

CITY OF KOKOMO, HOWARD COUNTY, INDIANA

1706-134

6/22-29/17

hspaxlp

6/22/2017
No price provided.
NOTICE OF UNSUPERVISED ADMINISTRATION

NOTICE OF UNSUPERVISED ADMINISTRATION

Estate No. 34C01-1706-EU-00028

IN THE CIRCUIT COURT OF HOWARD COUNTY, INDIANA.

IN THE MATTER OF THE ESTATE OF NORMA KNACK, DECEASED

    Notice is hereby given that Pamela R. Nierman was, on the 5th day of June, 2017, appointed Personal Representative of the estate of Norma Knack, who died on the 3rd day of February, 2017.

    All persons who have claims against this estate, whether or not now due, must file the claim 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 Kokomo, Indiana, this 19th day of June, 2017.

Kim Wilson

CLERK OF THE CIRCUIT COURT

FOR HOWARD COUNTY, INDIANA

Don P. Button #3061-34

P.O. Box 958

515 W. Sycamore Street

Kokomo IN 46903-0958

PH 765-459-3153

FX 765-452-0882

ATTORNEY FOR THE ESTATE

1706-130

6/22-29/17

hspaxlp

 

6/22/2017
No price provided.
NOTICE OF UNSUPERVISED ADMINISTRATION

NOTICE OF UNSUPERVISED ADMINISTRATION

Estate No. 34C0I-1706-EU-00030

IN THE CIRCUIT COURT OF HOWARD COUNTY, INDIANA.

IN THE MATTER OF THE ESTATE OF PATRICIA A. WINKLER, DECEASED

    Notice is hereby given that Robert E. Winkler was, on the 7th day of June, 2017, appointed Personal Representative of the estate of Patricia A. Winkler who died on the 22nd day of May, 2017.

    All persons who have claims against this estate, whether or not now due, must file the claim 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 Kokomo, Indiana, this 19th day of June, 2017.

Kim Wilson

CLERK OF THE CIRCUIT COURT

FOR HOWARD COUNTY, INDIANA

Don P. Button #3061-34

P.O. Box 958

515 W. Sycamore Street

Kokomo IN 46903-0958

PH 765-459-3153

FX 76S-452-0882

ATTORNEY FOR THE ESTATE

1706-129

6/22-29/17

hspaxlp

 

6/16/2017
No price provided.
NOTICE TO TAXPAYERS OF ADDITIONAL APPROPRIATIONS

NOTICE TO TAXPAYERS OF ADDITIONAL APPROPRIATIONS

   Notice is hereby given the taxpayers of Howard County, Indiana, that the proper legal officers of the Howard County Council, at their regular meeting place, at the Howard County Administration Center, 220 N. Main St., Room 338 (third floor), Kokomo, Indiana, at 4:00 p.m., June 27th, 2017, will consider the following additional appropriations and/or reductions involved in changing the established budgets for the current year 2017.

ADDITIONAL APPROPRIATION REQUESTS:

HOWARD COUNTY GENERAL FUND:

Howard County Sheriff’s Department:

Personal Services:                                                          $     50,000.00

Total Sheriff’s Department:                                           $     50,000.00

Total County General Fund:                                          $     50,000.00

HOWARD COUNTY LIT – SPECIAL PURPOSE FUND:                

Sheriff/Jail:

Capital Outlay                                                                  $     5,595.00

Total Sheriff/Jail:                                                            $     5,595.00

Total LIT –Special Purpose Fund:                                   $     5,595.00

HOWARD COUNTY LIT – ECONOMIC DEVELOPMENT FUND:      

Capital Outlay                                                                $1,300,000.00

Total LIT –Economic Development Fund:                      $1,300,000.00

TOTAL ADDITIONAL APPROPRIATIONS:                        $1,355,595.00

Taxpayers attending the meeting will have a right to be heard. The Additional Appropriations and/or Appropriation Reductions as finally made will be referred to the Indiana Department of Local Government Finance.  The Department will make written determination as to the sufficiency of funds to support the appropriation additions/reductions within fifteen (15) days of receipt of a certified copy of the action taken.

Martha Lake

Auditor, Howard County

1706-124

6/15/17

hspaxlp

6/16/2017
No price provided.
ORDINANCE NO. 2017 BCCO- 22

ORDINANCE NO. 2017 BCCO- 22

AN ORDINANCE OF THE

HOWARD COUNTY BOARD OF COMMISSIONERS

ESTABLISHING THE MANNER AND FORM

IN WHICH THE RECORDER MAY PROVIDE

BULK FORM COPIES TO A BULK USER

    WHEREAS, IC 36-2-7-10.1 dealing with the County Recorder’s sale of documents in bulk to bulk users has been materially amended and revised effective July 1, 2017; and

    WHEREAS, Subsection (b) of this statute provides that a County Executive shall establish by Ordinance the manner and form in which the County Recorder may provide bulk form copies to a bulk user, and the permissible fees the Recorder may charge.

    NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND THE PROVISIONS HEREAFTER MADE, BE IT ORDAINED BY THE BOARD AS FOLLOWS:

    Section I.  Definitions.  The following definitions shall apply throughout this Ordinance:

      (a)  “Bulk form copy” means an aggregation of:

          (1) copies of all recorded documents received by the county recorder for recording in a calendar day, week, month, or year;

          (2) the indices for finding, retrieving, and viewing all recorded documents received by the county recorder for recording in a calendar day, week, month, or year; or

          (3)  both clauses (1) and (2).

      (b)      “Bulk user” means an individual, a corporation, a partnership, a limited liability company, or an unincorporated association that receives bulk form copies under a contract with the county recorder.

      (c)“Copy” means a reproduction, including an image of a recorder document or indices created by:

          (1) duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage; or

          (2)  reproducing on microfilm.

      (d)      “Indices” means all of the indexing information used by the county recorder for finding, retrieving, and viewing a recorded document.

      (e)      “Recorded document” means a writing, a paper, a document, a plat, a map, a survey, or anything else received at any time for recording or filing in the public records maintained by the county recorder or the county recorder’s designee.

    Section II.  Manner and Form of Production.  It is hereby established that the Howard County Recorder shall provide bulk form copies to a bulk user only by electronically transmitting the copies using an electronic transfer process.

    Section III.  Procedure for Requesting Bulk Form Copies.  A bulk user must submit a written request to the County Recorder that identifies the requested bulk form copies with reasonable particularity.  Unless the request is refused under Section VI, upon receipt of a valid written request the County Recorder or the County Recorder’s designee shall provide the bulk form copies to the bulk user by the method or methods established by Ordinance.  The bulk form copies shall be provided within a reasonable time after the later of the following events:

      (1) The Recorder’s archival process is completed and bulk form copies become available in the County Recorder’s Office.

      (2)  The bulk form user executes a contract that meets the requirements of Section V with:

          (A)  the County Recorder; and

          (B) if the County Recorder uses a third party to provide bulk copy services, the County Recorder’s designee. 

    The County Recorder or the County Recorder’s designee shall work with reasonable diligence to ensure that bulk form copies are timely produced to the bulk user.

Section IV.  Fees Charged for Bulk Form Copies. 

      (a)  Based on a cost study dated September 12, 2016 and performed by Maximus for the Indiana Recorder’s Association (which is incorporated herein by reference),  this Board finds and determines that the costs incurred by the Howard County Recorder of producing bulk form copies (including applying a watermark or other protective feature) substantially exceed both the standard fee of ten cents ($0.10) per page or per recorded document fixed by subsection (d) of IC 36-2-7-10.1, and the fee hereafter fixed.   Accordingly, the following fee schedule is hereby adopted:

          (1)  Thirteen cents ($0.13) per page for a copy of a recorded document, including the instrument’s book and page, if applicable.

          (2)  Thirteen cents ($0.13) per recorded document for a copy of the indices used by the County Recorder for finding, retrieving, and viewing a recorded document.

     (b)  The fees charged by the County Recorder are subject to the following requirements:

          (1)  The County Recorder shall pay the fees into the County Treasury at the end of each calendar month.

          (2)  The fees prescribed and collected under this section supersede all other fees for bulk form copies required by law to be charged for services rendered by the County Recorder to bulk users.

          (3)  All revenue generated by the County Recorder under this section shall be deposited in the County Recorder’s records perpetuation fund and used by the Recorder in accordance with IC 36-2-7-10(f).

          (4)  The Recorder shall periodically update and verify the cost study referred to in subsection (a) immediately above.

Section V.  Bulk User Contract—Termination. 

      (a)  A bulk user must enter into a contract with the County Recorder and if the County Recorder uses a third party to provide bulk copy services, the County Recorder’s designee, in order to receive bulk form copies.  The contract must be in writing and must require that the bulk user agree not to do any of the following:

          (1)  Except as provided in Section VI, provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk user under this section to a third party.

          (2)  Engage in unauthorized access to recorded documents.

          (3)  Engage in unauthorized alteration of recorded documents.

    A contract required under this subsection may not include any restrictions on a bulk form user’s use of the bulk form copies other than those contained in this section.

      (b)  If a bulk user does not comply with a contract, the County Recorder may terminate the contract, immediately stop providing bulk form copies to the bulk user, and refuse to provide the bulk form copies required by the bulk user if all termination provisions and procedures in the contract have been met by the County Recorder.  The County Recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances:

          (1)  The bulk user is a person that has had a previous bulk form copy contract terminated by the County Recorder because the Recorder determined that the bulk user failed to comply with the contract.

          (2) The bulk user is a corporation or limited liability company in which a person has a majority or controlling interest and:

      (A)  the person requested bulk form copies under a previous contract with the County Recorder; and

      (B)  the contract was terminated by the County Recorder because the County Recorder determined that the person failed to comply with the contract.

Section VI.  Resale of Bulk Form Copies by Bulk User.

      (a)  A bulk user that is licensed under IC 27-1-15.6-6(d) or holds a certificate of authority under IC 27-7-3-6 may provide bulk form copies related to the specific order for a title search (as defined in IC 27-7-3-2) when operating as:

          (1) a title plant for the issuance of title insurance (as defined in IC 27-7-3-2); or

          (2)  title company (as defined in IC 27-7-3-2).

    A bulk user that meets the requirements of this subsection may charge its customers a fee for using the bulk form copies obtained by the bulk user that may not exceed the costs incurred by the bulk user for obtaining the bulk form copies.  A bulk user that meets the requirements of this subsection may not resell, provide, transfer, or allow the transfer of any copy of a recorded document, whether in bulk form or as individual copies or images, to any other bulk user or title plant.

      (b)  A bulk user that does not meet the requirements of subsection (a) immediately above is prohibited from selling, offering for sale, advertising for sale, soliciting a purchase of, loaning, giving away, allowing subscription service to, or otherwise transferring, provide, or allowing the transfer of bulk form copies for commercial purposes to a third party, whether the copies are in bulk form or individual copies or images.

Section VII.  Enhanced Access Not Affected.  This Ordinance does not apply to enhanced access authorized under IC 5-14-3-3 and any Howard County Ordinances promulgated thereunder, including (but not limited to) Ordinance No. 2007 BCCO-45.

Section VIII.  Effective Date.  Upon adoption and signature, this Ordinance shall become effective on July 1, 2017.              

          ADOPTED THIS 5th DAY OF JUNE, 2017.

HOWARD COUNTY BOARD OF COMMISSIONERS

Paul G. Wyman, President

Tyler O. Moore, Vice President

Robert B. Bray, Member

ATTEST:

Martha J. Lake, Howard County Auditor

1706-123

6/15/17

hspaxlp

6/16/2017
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TO WHOM IT MAY CONCERN:

TO WHOM IT MAY CONCERN:

    Notice is hereby given the Howard County Board of Zoning Appeals will hold a public hearing on Tuesday, June 27, 2017, at 7:00 p.m. in the Hearing Room, No. 101, Howard County Government Center, 120 E. Mulberry Street, Kokomo, Indiana. A portion of the agenda is as follows:

    Case 3-CV-17: The petition of Marion Schrock requesting a Variance to Sec. 5.03(D)(3) and Sec. 5.04(A) of 10,872 sf in order to construct a 1,296 sf addition and a 10,560 sf new accessory structure to be located in a front yard, on property described as Part of the Northeast Quarter of Section 13, Township 24 North, Range 4 East described as follows: Beginning at the Northwest corner of said quarter section; thence south 00° 38' 14" West, on and along the Quarter Section line, 1323.1 feet; thence North 89° 59' 03" East 328.42 feet; thence North 00° 35' 337.5" East 1323.0 feet to the section line; thence South 90° 00' 00" West, on and along the section line, 327.42 feet to the point of beginning, containing 5.54 acres and being subject to all highway rights-of-way and subject to an easement for ingress and egress, being 20 feet off the entire West side thereof, Howard Township, Kokomo, Howard County, Indiana, at 5523 East 400 North.

    At said time and place, all interested persons may be heard.

Tuesday, June 27, 2017

7:00 P. M.

HOWARD COUNTY BOARD OF ZONING APPEALS

KOKOMO, INDIANA

1706-119

6/15/17

hspaxlp

6/16/2017
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TO WHOM IT MAY CONCERN:

TO WHOM IT MAY CONCERN:

    Notice is hereby given the Howard County Board of Zoning Appeals will hold a public hearing on Tuesday, June 27, 2017, at 7:00 p.m. in the Hearing Room, No. 101, Howard County Government Center, 120 E. Mulberry Street, Kokomo, Indiana. A portion of the agenda is as follows:

    Case 4-CV-17: The petition of Nicholas C. Wunderlich requesting a Variance to Sec. 5.03(D)(3) and Sec. 5.17(B)(1) in order to construct a swimming pool, on property described as Lot 3 in Gifford's Minor Subdivision, Harrison Township, Kokomo, Howard County, Indiana, at 4998 West 50 South.

    At said time and place, all interested persons may be heard.

Tuesday, June 27, 2017

7:00 P.M.

HOWARD COUNTY BOARD OF ZONING APPEALS

KOKOMO, INDIANA

1706-120

6/15/17

hspaxlp

6/16/2017
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NOTICE OF UNSUPERVISED ADMINISTRATION

NOTICE OF UNSUPERVISED

ADMINISTRATION

Estate No. 34D04-1705-EU-00027

IN THE SUPERIOR IV COURT OF HOWARD COUNTY, INDIANA

IN THE MATTER OF THE ESTATE OF SHERRY G. WININGER, DECEASED.

    Notice is hereby given that Daniel P. Wininger was on the 5 day of June, 2017, appointed Personal Representative of the Estate of Sherry G, Wininger, Deceased.

    All persons having claims against said estate, whether or not now due, must file the same in 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 said claims will be forever barred.

    Dated at Kokomo, Indiana this 5 day of June, 2017.

Kim Wilson

CLERK, HOWARD SUPERIOR COURT

Brian L. Oaks

Attorney for the Estate

Attorney at Law

P.O. Box 958

515 W. Sycamore Street

Kokomo, IN  46903-0958

PH (765) 457-9321

1706-125

6/15-22/17

hspaxlp

6/16/2017
No price provided.
NOTICE OF UNSUPERVISED ADMINISTRATION

NOTICE OF UNSUPERVISED ADMINISTRATION

Estate No. 34C01-1705-EU-24

IN THE CIRCUIT COURT OP HOWARD COUNTY, INDIANA.

IN THE MATTER OF THE UNSUPERVISED ESTATE OF CAROLYN A. MAST, DECEASED.

    Notice is hereby given that on the 18 day of May, 2017, a petition was filed and granted authorizing GAYLE SMITH, who was heretofore appointed the Administrator of the Estate of CAROLYN A. MAST, deceased, to administer the estate with Court supervision.

    All persons having claims against the estate, whether or not now due, must file the same in 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 Kokomo, Indiana this 18 day of May, 2017.

ATTORNEY FOR THE ESTATE

Eric D. Grzegorski, #29936-34

2704 S. Goyer Rd.

Kokomo, IN 46902

(765) 453-9600

Kim Wilson

Clerk, Howard Circuit Court

ADMlNISTRATOR

Gayle Smith

2718 Rockford Ct. N.

Kokomo, IN 46902

(765) 453-9600

1706-121

6/15-22/17

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Kokomo, IN 46901
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