08-10-09 Common Council Meeting Agenda & Packet

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(b) Issuance Sale and Delivery of the BANS. The City, having satisfied all the statutory requirements for the issuance of the Bonds, may elect to issue its B?.N or BANS to an eligible purchaser under Indiana Code 5-1-14-5, the Bond Bank or the Authority pursuant to the BAN Purchase Agreement, to be entered into between the City and the purchaser of the BANS. The Common Council hereby authorizes the issuance and execution of the BAN or BANS in lieu of initially issuing Bonds to provide interim construction financing for the Project until permanent financing becomes available. It shall not be necessary for the City to repeat the procedures for the issuance of its Bonds, as the procedures followed before the issuance of the BAN or BANs are for all purposes sufficient to authorize the issuance of the Bonds and the use of the proceeds to repay the BAN or BANS. The Mayor and the Controller are hereby authorized and directed to execute the BAN Purchase Agreement in such form or substance as they shall approve acting upon the advice of counsel. The Mayor and the Controller may also take such other action or deliver such other certificates as are necessary or desirable in connection with the issuance of the BANS or the Bonds and the other documents needed for the financing as they deem necessary or desirable in connection therewith. (c) Public Sale of the Bonds. The Bonds may, in the discretion of the Controller, be sold by public sale. In the event the Bonds are sold by public sale, prior to the sale of the Bonds, the Controller shall cause to be published a notice of intent to sell two times at least one week apart in the South Bend Tribune, the Tri-County News and the Court and Commercial Record. The notice of such sale or a summary thereof may also be published in The Bond Buyer, a financial journal published in the City and State ofNew York and/or in other publications, in the discretion of the Controller. The notice -22- BDDBOI 5738468v1