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co property of the Commission and shall be taken and considered as liquidated damages of <br />the Commission on account of such failure or refusal. <br />All bids for Bonds shall be sealed and shall be presented to the Controller <br />at the Controller's office or at the office of the Commission's financial advisor as set forth <br />in the notice of intent to sell bonds, and the Controller (or the financial advisor on behalf <br />of the Controller) shall continue to receive all bids offered until the hour fixed for the sale <br />of the Bonds, at which time and place the Controller (or the financial advisor on behalf of <br />the Controller) shall open and consider each bid. Bidders for the Bonds shall be required <br />to name the rate or rates of interest which the Bonds are to bear, not exceeding eight <br />percent per annum (or such lesser rate as the Controller, with the advice of the financial <br />advisor of the Commission, shall determine prior to the publication of the notice of intent <br />to sell). Such interest rate or rates shall be in multiples of one - eighth (1/8) or <br />one - twentieth (1/20) of one percent (1%). Bids specifying more than one interest rate <br />shall also specify the amount and maturities of the Bonds bearing each rate, and all Bonds <br />maturing on the same date shall bear the same rate of interest. The interest rate on Bonds <br />of a given maturity must be at least as great as the interest rate on Bonds of any earlier <br />maturity. <br />Subject to the provisions set forth below, the Controller shall award the <br />Bonds to the bidder offering the lowest net interest cost to the City, to be determined by <br />computing the total interest on all of the Bonds from the date thereof to their maturities <br />and deducting therefrom the premium bid, if any, or adding thereto the amount of any <br />discount. No bid for less than ninety -seven percent (97 %) of the par value of the Bonds <br />(or such higher percentage of the par value of the Bonds as the Controller, with the <br />advice of the financial advisor to the Commission, shall determine prior to the publication <br />of the notice of intent to sell), plus accrued interest at the rate or rates named to the date <br />of delivery, will be considered. The Controller shall have full right to reject any and all <br />bids. In the event no acceptable bid is received at the time fixed for the sale of the <br />Bonds, the Controller shall be authorized to continue to receive bids from day to day <br />thereafter for a period not to exceed thirty (30) days, without readvertising, pursuant to <br />Indiana law. <br />C. The Bonds shall be offered and sold pursuant to an Official <br />Statement with respect to the Bonds (the "Official Statement "), to be made available and <br />distributed in such manner, at such times, for such periods and in such number of copies <br />as may be required pursuant to Rule 15c2 -12 promulgated by the United States Securities <br />and Exchange Commission as the same has been amended (the "Rule "). The <br />Commission hereby authorizes the Controller to approve the form of the Preliminary <br />Official Statement upon the advice of counsel with such approval to be conclusively <br />evidenced by signature of the Controller thereon. The Commission hereby authorizes the <br />Controller to deem "final" the Preliminary Official Statement, as of its date, in <br />accordance with the provisions of the Rule, subject to completion as permitted by the <br />Rule, and the Commission further authorizes the distribution of the deemed final Official <br />Statement. The Commission hereby authorizes and directs the Controller, upon the <br />advice of the counsel to place into final form and distribute and cause to be delivered the <br />(04MO) final Official Statement in accordance with the Rule, and further authorizes the Controller <br />BDDB01 6406657v2 - 18- <br />