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02-18 Authorizing The Issuance of General Obligation Bonds
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02-18 Authorizing The Issuance of General Obligation Bonds
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1/3/2018 11:08:29 AM
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1/3/2018 11:08:22 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/8/2018
Bill Number
02-18
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costs of construction of certain capital projects,and the costs of the issuance of bonds therefor,as authorized by <br /> Ordinance No. adopted by the Common Council of the City on the_day of ,2018, entitled <br /> "AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF <br /> GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY FOR <br /> CERTAIN CAPITAL PROJECTS AND INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND <br /> ON ACCOUNT OF THE ISSUANCE OF THE BONDS, AND ALL MATTERS RELATED THERETO" (the <br /> "Ordinance"), and in accordance with I.C. § 36-4-6-19 and other applicable provisions of the Indiana Code,as <br /> amended (collectively, the "Act"). The owner of this Bond, by the acceptance hereof, agrees to all the terms <br /> and provisions contained in the Ordinance and the Act. <br /> PURSUANT TO THE PROVISIONS OF THE ACT AND THE ORDINANCE, THE PRINCIPAL OF <br /> THIS BOND AND ALL OTHER BONDS OF SAID ISSUE AND THE INTEREST DUE THEREON ARE <br /> PAYABLE AS A GENERAL OBLIGATION OF THE CITY, FROM AN AD VALOREM PROPERTY TAX <br /> TO BE LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY TO THE EXTENT OTHER <br /> REVNEUES OF THE CITY ARE NOT SUFFICIENT FOR SUCH PURPOSE. <br /> [INSERT REDEMPTION TERMS] <br /> Notice of such redemption shall be mailed by first-class mail or by registered or certified mail not more <br /> than sixty(60)days and not less than thirty(30)days prior to the date fixed for redemption to the address of the <br /> registered owner of each Bond to be redeemed as shown on the registration record of the City except to the <br /> extent such redemption notice is waived by owners of the Bond or Bonds redeemed; provided, however, that <br /> failure to give such notice by mailing,or any defect therein with respect to any bond shall not affect the validity <br /> of any proceedings for the redemption of any other Bonds. The notice shall specify the date and place of <br /> redemption, the redemption price and the CUSIP numbers, if any, of the Bonds called for redemption. The <br /> place of redemption may be determined by the City. Interest on the Bonds so called for redemption shall cease <br /> on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the <br /> redemption price on the date so named, and thereafter, such Bonds shall no longer be protected by the <br /> Ordinance,and shall not be deemed to be outstanding thereunder. <br /> This Bond is subject to defeasance prior to payment as provided in the Ordinance. <br /> If this Bond shall not be presented for payment on the date fixed therefor,the City may deposit in trust with <br /> the Paying Agent,or another paying agent,an amount sufficient to pay such Bond,and thereafter the Registered <br /> Owner shall look only to the funds so deposited in trust for payment and the City shall have no further <br /> obligation or liability in respect thereto. <br /> This Bond is transferable or exchangeable only upon the books of the City kept for that purpose at the <br /> office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon <br /> surrender of this Bond together with a written instrument of transfer or exchange satisfactory to the Registrar <br /> duly executed by the Registered Owner or his attorney duly authorized in writing, and thereupon a new fully <br /> registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed <br /> and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in <br /> exchange therefor. The City, any Registrar and any Paying Agent for this Bond may treat and consider the <br /> person in whose name this Bond is registered as the absolute owner hereof for all purposes including for the <br /> purpose of receiving payment of,or on account of,the principal hereof and interest due hereon. <br /> The bonds maturing in any one (1) year are issuable only in fully registered form in the denomination of <br /> $5,000 or any integral multiple thereof. <br /> [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond,dated as of the <br /> date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is <br /> available from the City and the terms of which are incorporated herein by this reference. The Contract contains <br /> certain promises of the City to each registered owner or holder of any Bond, including a promise to provide <br /> certain continuing disclosure. By its payment for and acceptance of this bond,the registered owner or holder of <br /> this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] <br /> It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in <br /> the execution, issuance and delivery of this Bond have been done and performed in regular and due form as <br /> provided by law. <br /> 6 <br />
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