11-22-2021 FINAL Agenda Packet - Laserfiche WebLink

Home Browse Search

5 of the City, payable solely from the Lease Rentals as provided in the Financing Documents and the Lease. SECTION V.Appointment of Registrar and Paying Agent. The Trust Indenture may provide that the trustee to be named therein, or another corporate entity, shall act as the bond registrar and authenticating agent, and may provide for a co-trustee. SECTION VI.Delivery of Bonds. After execution by the Mayor and the Clerk, the Bonds shall be delivered to the Trustee, which is hereby authorized and requested to authenticate and deliver the Bonds to or upon the order of the Purchaser, or to any depository, in accordance with and upon compliance with the provisions of the Trust Indenture. The Council hereby authorizes the sale of the Bonds pursuant to terms of Section IX hereof. SECTION VII.Registration Authorization. The Mayor and the Controller are hereby authorized in the name and on behalf of the City to take any and all action which the Mayor and the Controller may deem necessary or advisable with the advice of counsel for the City in order to effect the registration or qualification (or exemption therefrom) of the Bonds for issue, offer, sale or trade under the Blue Sky or securities laws of any of the states of the United States of America and in connection therewith, to execute, acknowledge, verify, deliver, file or cause to be published any applications, reports, consents to service of process and other papers and instruments which may be required under such laws, and to take any and all further action which such official of the City may deem necessary or advisable in order to maintain any such registration or qualification for as long as the Mayor and the Controller deem necessary or as required by law, provided, however, the Mayor and the Controller need not consent to service of process in any jurisdiction other than the State of Indiana. SECTION VIII.Approval of Documents. Each of the Financing Documents is hereby approved in the forms submitted to this meeting, and a copy of each such document shall be kept on file by the Clerk. The Mayor and the Clerk are hereby authorized and directed to execute and deliver such documents without further approval of the Common Council in substantially the forms herein approved with such additions, deletions and modifications thereto as may be approved under the Act, the execution thereof being conclusive evidence of such approval and of the approval of the Common Council; and the Clerk, or any authorized representative of the City, is hereby authorized and directed to affix the seal of the City to such documents and to attest the same. Two copies of each of the Financing Documents, hereby incorporated into this Ordinance, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Section 36-1-5-4 of the Indiana Code. SECTION IX.Sale of Bonds. The Mayor and the Controller are authorized to provide for the sale of the Bonds either through a competitive bid sale or by a negotiated sale based upon the advice provided by the Municipal Advisor as set forth herein. The Mayor and the Controller, upon consultation with the Municipal Advisor, may determine to sell the Bonds through a competitive sale. In the event the Bonds are to be sold through a competitive sale, the Controller shall cause to be published a notice of sale once each week for two consecutive weeks in accordance with Indiana Code § 5-3-1-2, as amended. The date fixed for the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications. Said bond sale notice