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Authorizing issuance of Economic Development Revenue Bonds, Series 1999 (Southfield Village), not to exceed $20,000,000
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Authorizing issuance of Economic Development Revenue Bonds, Series 1999 (Southfield Village), not to exceed $20,000,000
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5/15/2009 10:47:34 AM
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5/5/2009 3:46:47 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/22/1999
Ord-Res Number
8994-99
Bill Number
22-99
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to the Bonds authorized herein, which pecuniary interest has not been fully disclosed to the Council <br />and no such member has voted on any such matter, all in accordance with the provisions of IC 36-7- <br />12-16. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section 1. It is hereby found that the financing of the Project referred to in the Financing <br />Documents previously approved by the Commission and presented to the Council, the issuance and <br />sale of the Bonds, the loan of the net proceeds thereof to the Borrower for the acquisition, <br />construction, installation and equipping of the Project (the "Loan") and the repayment of the Loan <br />by the Borrower will be of benefit to the health, prosperity, economic stability and general welfare <br />of the City and its citizens and complies with the purposes and provisions of IC 36-7-11.9 and IC <br />36-7-12. <br />Section 2. The proposed financing and the forms of the Financing Documents approved by <br />the Commission aze hereby approved, and all such documents aze incorporated herein by reference <br />and shall be inserted in the minutes of the Council and kept on file by the Clerk of the City. <br />Section .The City shall issue the Bonds in one or more series in an aggregate principal <br />amount not to exceed Twenty Million Dollars ($20,000,000) for the purpose of procuring funds to <br />loan to the Borrower, in order to pay the costs of the acquisition, construction, installation and <br />equipping of the Project, as more particularly set out in the Financing Documents incorporated herein <br />by reference, which Bonds will be payable as to principal and interest solely from the payments made <br />by the Borrower on its Series 1999 Notes (as defined in the Financing Documents) which shall be <br />executed and delivered by the Borrower to evidence and secure the Loan and from other sources <br />under the Loan Agreement. <br />Section 4. The Mayor and the Clerk of the City aze authorized and directed to sell such <br />Bonds at a rate of interest on the Bonds, which rate shall be as set forth in the Financing Documents <br />and incorporated herein by reference but in no event shall such rate be in excess of eight percent <br />(8.0%) per annum. The Bonds shall have a maximum term of thirty-one (31) yeazs and shall be sold <br />at a price equal to not less than 97% of the paz amount of the Bonds, plus accrued interest to the date <br />of delivery of the Bonds, if any. <br />Section 5. Rule 15c2-12(b)(1) of the Securities Exchange Act of 1934, as amended (the <br />"SEC Rule"), provides that, prior to the time a participating underwriter bids for, purchases, offers <br />or sells municipal securities, the participating underwriter shall obtain and review an official <br />statement that an issuer of such securities deems a "near final" official statement. The Preliminary <br />Official Statement is hereby deemed final as of its date, except for the omission of no more than the <br />following information: the offering price(s), interest rate(s), selling compensation, aggregate <br />principal amount, principal amount per maturity, delivery dates, ratings and other terms of the <br />securities depending on such matters. The Mayor is hereby authorized to execute the Preliminary <br />Official Statement and an Official Statement substantially in the form of the Preliminary Official <br />::ODMA\PCDOCS\SBDOCS 1\33484\3 -2- <br />
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