Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000

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exceed one percent of the aggregate principal amount of the 2000 Bonds as a guaranty of the performance of said bid, should it be accepted. In the event no satisfactory bids are received on the day named in the sale notice, the sale maybe continued from day to day thereafter for a period of thirty (30) days without readvertisement; provided, however, that if said sale is continued, no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for sale in the bond sale notice. The Fiscal Officer shall have full right to reject any and all bids. (ii) As an alternative to public sale, the Fiscal Officer may negotiate the sale of the 2000 Bonds to the State of Indiana or the Indiana Bond Bank at an interest rate or rates not exceeding 2.9% per annum. The Mayor and the Fiscal Officer are hereby authorized to (A) submit an application to the State of Indiana and the Indiana Bond Bank, (B) execute a purchase agreement with the Indiana Bond Bank, and (C) sell such bonds upon such terms as are acceptable to the Mayor and the Fiscal Officer consistent with the terms of this Amended Ordinance. The Financial Assistance Agreement for the 2000 Bonds and the Project shall be executed by the City and the State of Indiana. The substantially final form of Financial Assistance Agreement attached hereto as Exhibit B and incorporated herein by reference is hereby approved by the Council, and the Mayor and Fiscal Officer are hereby authorized to execute and deliver the same, and to approve any changes in form or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution. (b) The 2000 Bonds, when fully paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2000 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Amended Ordinance. After the 2000 Bonds have been properly sold and executed, except to the extent otherwise required by I.C. §36-4-6-19(f), the Fiscal Officer shall receive from the purchasers payment for the 2000 Bonds and shall provide for delivery of the 2000 Bonds to the purchasers. The City may receive payment for the 2000 Bonds in installments. (c) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2000 Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subj ect to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. In order to assist any underwriter of the 2000 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2000 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC -17-