05-26-09 Common Council Meeting Agenda & Packet

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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 attestation thereof by the City Clerk, 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 Ordinance shall apply to the BANS in the same manner as they apply to the 2009 Bonds. The BANS shall be subject to transfer or exchange in the same manner as the 2009 Bonds, as described in Section 4, and to amendment in the same manner as the 2009 Bonds, as described in Sections 22 and 23. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANS in such form or substance as they shall approve. As an alternative to any terms of the BANS set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Project 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. 9561-OS adopted by the Council on January 10, 2005. 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. Non-Business Days. 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 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 maybe 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, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 2009 Bonds is in compliance with the Prior Ordinances. The Prior Ordinances shall remain in full force and effect (except as otherwise provided in Section 3 of this Ordinance). All ordinances and resolutions and parts thereof in conflict herewith, except the Prior Ordinances (except as provided in Section 3 hereof), are to the -31-