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Authorizing Issuance of Revenue Bonds concerning construction of Improvements to Waterworks, not to exceed $2,050,000
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Authorizing Issuance of Revenue Bonds concerning construction of Improvements to Waterworks, not to exceed $2,050,000
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Last modified
5/15/2009 10:54:17 AM
Creation date
4/28/2009 9:06:58 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/23/1999
Ord-Res Number
9027-99
Bill Number
65-99
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and to approve any changes in form or substance to the Financial Assistance Agreement, such <br />approval to be conclusively evidenced by its execution. <br />(b) The 1999 Bonds, when fully paid for and delivered to the purchaser shall be the <br />binding special revenue obligations of the City, payable out of the Net Revenues. The proper <br />officers of the City are hereby directed to sell the 1999 Bonds to the purchaser, to draw all proper <br />and necessary warrants, and to do whatever acts and things which may be necessary to carry out the <br />provisions of this Ordinance. <br />After the 1999 Bonds have been properly sold and executed, except to the extent <br />otherwise required by I.C. §36-4-6-19(f), the Fiscal Officer shall receive from the purchasers <br />payment for the 1999 Bonds and shall provide for delivery of the 1999 Bonds to the purchasers. The <br />City may receive payment for the 1999 Bonds in installments. <br />(c) The Executive and the Fiscal Officer each are hereby authorized to deem final <br />an official statement with respect to the 1999 Bonds, as of its date, in accordance with the provisions <br />of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), <br />subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution <br />of the deemed final official statement, and the execution, delivery and distribution of such document <br />as further modified and amended with the approval of the Executive or the Fiscal Officer in the form <br />of a final official statement. <br />In order to assist any underwriter of the 1999 Bonds in complying with paragraph <br />(b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and <br />the 1999 Bonds to participants in the municipal securities market, the City hereby covenants, agrees <br />and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC <br />Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will <br />comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing <br />disclosure contract" shall mean that certain continuing disclosure contract executed by the City and <br />dated the date of issuance of the 1999 Bonds, as originally executed and as it may be amended from <br />time to time in accordance with the terms thereof. The execution and delivery by the City of the <br />continuing disclosure contract, and the performance by the City of its obligations thereunder by or <br />through any employee or agent of the City, are hereby approved, and the City shall comply with and <br />carry out the terms thereof. <br />(d) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion <br />as to the validity of the 1999 Bonds from Barnes & Thornburg, and to furnish such opinion to the <br />purchasers of the 1999 Bonds or to cause a copy of said legal opinion to be printed on each 1997 <br />Bond. The cost of such opinion shall be paid out of the proceeds of the 1999 Bonds. <br />(e) In connection with the sale of the 1999 Bonds, the Executive and the Fiscal <br />Officer each are authorized to take such actions and to execute and deliver such agreements and <br />instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 1999 <br />Bonds, and the taking of such actions and the execution and delivery of such agreements and <br />instruments are hereby approved. <br />-17- <br />
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