05-26-09 Common Council Meeting Agenda & Packet

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SECTION 25. Issuance of BANS; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2009 Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2009 Bonds (defined herein as the "BANs"). This Council hereby authorizes the issuance and sale of the BANS pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Six Million Two Hundred Thousand Dollars ($6,200,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANs, and the BANS also may fund capitalized interest thereon. The designation of the BANS shall be "City of South Bend, Indiana Waterworks Bond Anticipation Note of 20 ". The BANS shall be issued in fully registered form in denominations of One Thousand Dollars ($1,000) or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to time, over a period not exceeding five (5) years from the date of the original issuance of the BANS, in accord with I.C. §5-1.1-5, shall be prepayable on seven (7) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding seven percent (7%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANS shall be payable at maturity. The BANS shall be issued pursuant to IC 13-18-21 if sold to the Indiana Finance Authority, pursuant to IC 5-1.5-8-6.1 if sold to the Indiana Bond Bank or pursuant IC 5-1-14-5 if sold to a financial institution or any other purchaser. If the BANS are sold to the Indiana Finance Authority through the SRF Program, 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 time) in such form as they shall approve acting upon the advice of counsel. It shall not be necessary for the City to repeat the procedures for the issuance of the 2009 Bonds as the procedures followed before the issuance of the BANs are for all purposes sufficient to authorize the issuance of the 2009 Bonds and to use proceeds thereof to repay the BANS. The principal of the BANS herein authorized is payable solely from proceeds received from the sale of the 2009 Bonds, and the interest thereon may be paid from such proceeds or from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2009 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANS. The Executive is hereby authorized to determine the form of the BANS and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. Proceeds received from the sale of the BANs shall be deposited in the Construction Fund referred to in Sec. 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. 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 -30-