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05-09-2022 FINAL Notice and Agenda Packet
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05-09-2022 FINAL Notice and Agenda Packet
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City Council - City Clerk
City Counci - Date
5/9/2022
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3 <br />seal of the City to such documents and to attest the same. Two copies of the Third Amended <br />and Restated Indenture and the Third Amended and Restated Agreement, hereby incorporated <br />into this Ordinance, were duly filed in the Office of the Clerk and are available for public <br />inspection in accordance with Section 36-1-5-4 of the Indiana Code. <br />SECTION VI.Limited Obligation. THE BONDS AND THE INTEREST THEREON <br />DO NOT AND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF, OR A CHARGE AGAINST <br />THE GENERAL CREDIT OR TAXING POWER OF, THE CITY, BUT ARE LIMITED OBLIGATIONS <br />OF THE CITY PAYABLE SOLELY FROM REVENUES AND OTHER AMOUNTS DERIVED FROM <br />THE THIRD AMENDED AND RESTATED AGREEMENT. <br />SECTION VII.Other Actions. The Executive and the Clerk are hereby <br />authorized and directed to execute and deliver, in the name and on behalf of the City, any <br />and all additional documents and instruments necessary or proper and to do and cause to be <br />done any and all acts and things necessary or proper for carrying out the transactions <br />contemplated by this Ordinance (including the recitals hereto and the documents mentioned <br />herein). <br />The Executive and Clerk may, by their execution of the documents requiring their <br />signatures or imprinting of their facsimile signatures thereon, approve changes therein and also in <br />those documents which do not require the signature of the Executive and/or Clerk without further <br />approval of this Council if such changes do not affect terms set forth in Indiana Code Title 36, <br />Article 7, Chapter 12, Section 27(a)(1) through (a)(10). <br />SECTION VIII.No Personal Liability. No stipulation, obligation or agreement <br />herein contained or contained in the Third Amended and Restated Indenture and the Third <br />Amended and Restated Agreement, the Bonds or in any other agreement or document executed on <br />behalf of the City shall be deemed to be a stipulation, obligation or agreement of any member of <br />the Council, or any officer, agent or employee of the City in his or her individual capacity, and no <br />such member of the Council, officer, agent or employee shall be personally liable on the Bonds or <br />be subject to personal liability or accountability by reason of the issuance thereof. <br />SECTION IX.Action Approved and Confirmed. All acts of the officers of the <br />City which are in conformity with the purpose and intent of this Ordinance and in the <br />furtherance of the execution, delivery and performance of the documents and agreements <br />authorized hereby are in all respects ratified, approved and confirmed. <br />SECTION X.Severability. If any provision of this Ordinance shall be held or <br />deemed to be illegal, inoperative or unenforceable, the same shall not affect any other <br />provision or cause any other provision to be invalid, inoperative or unenforceable to any <br />extent whatsoever. <br />SECTION XI.No Conflict. Any ordinances, resolutions or orders or parts <br />thereof in conflict with this Ordinance are to the extent of such conflict hereby repealed.
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