01-12-15 Council Agneda & Packet

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(d) To obtain or maintain bond insurance with respect to the Bonds; or (e) To provide for the refunding or advance of the Bonds; or (f) To make any other change which, in the determination of the City in its sole discretion, is not to the prejudice of the owners of the Bonds. SECTION 12. Investment of Funds. The Controller is hereby authorized to invest moneys pursuant Indiana law, including Indiana Code 5- 1 -14 -3, and the provisions of this Ordinance. The Controller shall keep full and accurate records of investment earnings and income from moneys held in the funds and accounts created or referenced herein. In order to comply with the provisions of this Ordinance, the Controller is hereby authorized and directed to employ consultants or attorneys from time to time to advise the City as to requirements of state and federal law. SECTION 13. Continuing Disclosure. In order for the Purchaser of the Bonds to comply with the SEC Rule, if applicable, the Mayor and Controller of the City may execute and deliver an agreement by the City to comply with the requirements of a continuing disclosure undertaking by the City pursuant to subsection (b) (5) of the SEC Rule, and any amendments thereto from time to time (the "Continuing Disclosure Agreement'). The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. The substantially final form of Continuing Disclosure Agreement submitted to the Council with this ordinance is incorporated herein by reference and is hereby approved and the Mayor and /or Controller of the City are authorized to execute the same and to approve such changes in form or substance thereto which are consistent with the terms of this Ordinance, such changes to be conclusively evidenced by the execution thereof. SECTION 14. Other Action. The Mayor and/or the Controller may take such other actions to finalize and deliver such other certificates and documents needed to accomplish the transaction contemplated hereby as they deem necessary or desirable in connection therewith. SECTION 15. No Conflict. All ordinances and orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. After the issuance of the Bonds and so long as any of the Bonds or interest or premium, if any, thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the holders of the Bonds, nor shall the City adopt any law or ordinance which in any way adversely affects the rights of such holders. SECTION 16. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. 13