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place of sale; and (6) the time within which the name, address and telephone number <br />must be furnished, which must not be less than seven (7) days after the last publication of <br />the notice. Each person so registered shall be notified of the date and time bids will be <br />received not less than twenty -four (24) hours before the date and time of sale. The <br />notification shall be made by telephone at the number furnished by the person, and also <br />by telex if the person furnishes a telex number. Such notice may also include such other <br />information as the Controller shall deem necessary. Such notice shall also provide, <br />among other things, that each bid shall be accompanied by a certified or cashier's check <br />or a financial surety bond in an amount equal to one percent (I%) of the principal amount <br />of the Bonds to guarantee performance on the part of the bidder. Such notice shall <br />provide further that, if a financial surety bond is used by the successful bidder, such <br />bidder must submit the amount of the financial surety bond in the form of a certified or <br />cashier's check or a wire transfer consisting of immediately available funds not later than <br />3:00 p.m. (local time) on the next business day following the award to the successful <br />bidder by the City. Such notice shall provide further that, in the event the successful <br />bidder shall fail or refuse to accept delivery of and pay for the Bonds as soon as the <br />Bonds are ready for delivery, or at the time fixed in the notice of intent to sell, then such <br />amount deposited with the City shall become the property of the City and shall be <br />considered as the City's liquidated damages on account of such default. <br />All bids for Bonds shall be sealed and shall be presented to the Controller <br />at the Controller's office, and the Controller shall continue to receive all bids offered until <br />the hour fixed for the sale of the Bonds, at which time and place the Controller shall open <br />and consider each bid. Bidders for the Bonds shall be required to name the rate or rates <br />of interest which the Bonds are to bear, not exceeding seven percent per annum (or such <br />lesser rate as the Controller, with the advice of the financial advisor of the Commission, <br />shall determine prior to the publication of the notice of intent to sell). Such interest rate <br />or rates shall be in multiples of one - eighth (1/8) or one - twentieth (1/20) of one percent <br />(1 %). Bids specifying more than one interest rate shall also specify the amount and <br />maturities of the Bonds bearing each rate, and all Bonds maturing on the same date shall <br />bear the same rate of interest. The interest rate on Bonds of a given maturity must be at <br />least as great as the interest rate on Bonds of any earlier 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 />-19- <br />SBIMAN 1 130621 v 1 <br />