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

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installments. The Fiscal Officer is authorized to sell the BANS to a financial institution, the Indiana Bond Bank, the State of Indiana, or to any other purchaser pursuant to a Bond Anticipation Note Agreement (the "Bond Anticipation Note Agreement") to be entered into between the City and the purchaser, and to work with the purchaser to facilitate the sale of the BANS, provided, any BAN in principal amount of less than One Million Dollars ($1,000,000) must be sold to a financial institution. If the BANs are sold to the State of Indiana, the Financial Assistance Agreement shall serve as the Bond Anticipation Note Agreement. The Executive and the Fiscal Officer are hereby authorized and directed to execute a Bond Anticipation Note Agreement or Financial Assistance Agreement (and any amendments made from time to time) in such form as they shall approve acting upon the advice of counsel. In any case any officer whose signature or a facsimile signature appears on the BANS shall cease to be such officer before delivery of the BANS, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANS by the Executive and the attestation thereof by the Fiscal Officer, the BANS shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANS provided by the Code (as defined in Section 24). In furtherance of the foregoing, the provisions of Section 24 of this Amended Ordinance shall apply to the BANS in the same manner as they apply to the 2000 Bonds. The BANS shall be subject to transfer or exchange in the same manner as the 2000 Bonds, as described in Section 4, and to amendment in the same manner as the 2000 Bonds, as described in Sections 22 and 23. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Proj ect or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the works are set forth or described in Ordinance No. 8798-97 adopted by the Council on June 23, 1997. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. SECTION 27. Amended and Restated Ordinance. The Council hereby amends and restates the Original Ordinance and adopts the terms and provisions of this Amended Ordinance. SECTION 28. Non-Business Days. Upon the written consent of the State of Indiana, if the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Amended Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, -29-