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9972-09 Amending ordinance 9672-06 entitled Authorizing the acquistions and installation of certain improvements
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9972-09 Amending ordinance 9672-06 entitled Authorizing the acquistions and installation of certain improvements
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Last modified
11/30/2009 12:32:29 PM
Creation date
11/17/2009 11:06:17 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/26/2009
Ord-Res Number
9972-09
Bill Number
82-09
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Registrar believes such publication is impractical or unlikely to reach a <br />substantial number of the holders of the Bonds, in some other financial <br />newspaper or j ournal which regularly carries notices of redemption of other <br />obligations similar to the Bonds, such publication to be made at least sixty <br />(60) days prior to the date fixed for redemption. <br />Upon the payment of the redemption price of the Bonds (or portions <br />thereof) being redeemed and if so directed by the City, each check or other transfer of <br />funds issued for such purpose shall bear the CUSIP number identifying, by issue and <br />maturity, the Bonds (or portions thereof) being redeemed with the proceeds of such <br />check or other transfer. <br />Section 3. Subsection (a) of the section of the Bond Ordinance labeled Section VIII. <br />Issuance, Sale and Delivery of the Bonds is amended to read as follows: <br />(a) Generally. The Controller is hereby authorized and directed to <br />have the Bonds prepared, and the Mayor, the Controller and the Clerk are each <br />hereby authorized and directed to execute, and attest as appropriate, the Bonds in the <br />form and manner herein provided. The Controller is hereby authorized and directed <br />to deliver the Bonds to the purchaser or purchasers thereof after sale made and in <br />accordance with the provisions of the Act and this Ordinance, provided that at the <br />time of said delivery the Controller shall collect the full amount which the purchaser <br />or purchasers have agreed to pay therefor, which shall be not less than ninety-eight <br />percent (98%) of the par amount of the series of the Bonds being sold (or such higher <br />percentage of the par value of such series of the Bonds as the Controller, with the <br />advice of the financial advisor of the City, shall determine) plus accrued interest <br />thereon to the date of delivery, if any. The City may receive payment for the Bonds <br />in installments. The proceeds derived from the sale of the Bonds shall be and are <br />hereby set aside for application to the costs of the Project, and including all <br />authorized costs relating thereto, including the costs of issuance of the Bonds. The <br />authorized officers of the City are hereby authorized and directed to draw all proper <br />and necessary warrants and to do whatever other acts and things that may be <br />necessary or appropriate to carry out the provisions of this Ordinance. <br />Section 4. The section of the Bond Ordinance labeled Section VIII. Issuance, Sale <br />and Delivery of the Bonds shall be amended to include new subsections (d) and (e) as follows: <br />(d) Sale to the Indiana Bond Bank. The Bonds may, in the <br />discretion of the Controller, be sold to the Bond Bank. In the event of such <br />determination, Bonds shall be sold to the Bond Bank at a price not less than 97.5% of <br />the par value of the Bonds or such higher percentage of the par value of the Bonds as <br />may be set forth in the Purchase Agreement (defined herein) and in such <br />denomination or denominations as the Bond Bank may request and pursuant to a <br />purchase agreement (the "Purchase Agreement") between the City and the Bond <br />Bank, hereby authorized to be entered into and executed by the Mayor on behalf of <br />the City, and attested by the Clerk, subsequent to the date of the adoption of this <br />-9- <br />BDDBOI 5863495v1 <br />
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