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HomeMy WebLinkAboutNo. 0318 authorizing the sale, issuance and delivery of project notes and the execution of requisition agreements, IND R-57HUD-9000 RESOLUTION NO. 318 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT, AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF PROJECT NOTES AND THE EXECUTION OF REQUISITION AGREEMENTS, INDIANA R-57 WHEREAS, the City of South Bend, Department of Redevelopment, (herein called the "Local Is wing Agency") is undertaking the development and/or operation of one or more urban renewal, low-rent housing or redevelopment projects and may engage in such undertakings in respect to additional projects all pursuant to the terms of one or more contracts (which contracts and any contract in substitution thereof, together with any supplements thereto or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low-rent housing or redevel- opment projec (s) described in the Contract and herein called the "Project"; and WHEREAS, the Local Issuing Agency proposes to obtain loans from others than the Government in anticipation of the delivery of notes to the Government, which loans shall be evidenced by negotiable short-term notes of the Local Issuing Agency (herein called "Project Notes"); and WHEREAS, The Local Issuing Agency proposes to issue Project Notes as herein- after provide o: NOW, Section to be incurre ing Notes iss to issue its which shall n specified in principal amo in this Resol Section and directed the Local Iss a newspaper p financial new Sale for publ is incorporat Daily Bond Bu Sale shall be arranged in c advertised fo EFORE, BE IT RESOLVED by the Local Issuing Agency as follows: For the purpose of providing funds to pay expenses incurred or pursuant to the Contract or to refund, renew or extend its outstand- ed in connection therewith, the Local Issuing Agency hereby determines roject Notes for purchase by the public from time to time in amounts t exceed the aggregate loan amount or the Actual Development Cost he Contract, as the case may be. Such Project Notes shall be in such nts, bear such interest rates, be dated and mature, all as prescribed tion. . a. The Controller of the City of South Bend is hereby authorized o advertise from time to time the public sale of Project Notes of ing Agency by causing the publication of a Notice of Sale thereof in .rsuant to State Law, if required, and in The Daily Bond Buyer, a paper published in the City of New York, New York. The Notice of cation locally shall be substantially in the form of HUD-9001, which d herein by reference. The Notice of Sale to be published in the er may be included in a consolidated Notice of Sale. Each Notice of published at intervals in accordance with a schedule of advertising operation with the Government. Each separate issue of Project Notes sale shall be numbered in consecutive series. b. Each proposal submitted for all or a part of any series of Project Notes shall be in substantially the form of HUD-9002, which is incorporated herein by ref rence, and is hereby approved by the Local Issuing Agency. Section 3. a. The Controller of the City of South Bend is hereby authorized and directed on each date specified in a duly published advertisement of the Notice of Sale for a series of Project Notes and at the time and place mentioned therein to receive, open and review all proposals received for the purchase of Project Notes. Upon completion of the review, the contents of all proposals shall be com- municated by felephone to the Government with a recommendation for award. receiving Gov ed on behalf interest rate the Contract premiums; Pro terest rate, -)rincipal amo Director shal amount of Pro b. The Executive Director of the Department of Redevelopment, after !rnment approval of a recommended award, is hereby authorized and direct- )f the Local Issuing Agency to award the Project Notes at the lowest or rates not in excess of the percentage rate per annum specified in )r under State Law offered in the proposals without reference to rided however, that as among proposals specifying the same lowest in- twards shall be made on the basis of the highest premium per dollar ant of the Notes specified in such proposals. The said Executive - promptly notify each successful bidder by telegram of the principal iect Notes so awarded to such bidder. Section substantiall Each series they are to to exceed 18 interest at ed for the p both princip having trust his proposal the form of into between Page 2. 4. Each of the Project Notes of the Local Issuing Agency shall be in the form of HUD-9010, which is incorporated herein by reference. f Project Notes shall bear a date not later than the date on which e delivered to the purchaser and shall mature within a term of not months from their date. Each series of Project Notes shall bear he rate or rates per annum fixed in the proposal or proposals accept- rchase of such Notes, shall be issued in such denominations, and 1 and interest thereof shall be payable at such incorporated bank powers or incorporated trust company as the purchaser designates in and shall be secured by a "Requisition Agreement" in substantially UD-9003, which is incorporated herein by reference, to be entered the Local Issuing Agency and the Government. Section 5. Each of the Project Notes issued in a series which has been award- ed shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor of the City of South Bend and the City Clerk of the City of 113outh Bend or his duly authorized deputy City Clerk is authorized and directed to (late and to cause the seal of the City of South Bend to be impressed, imprinted or reproduced thereon and to attest such sealing, and the aforesaid officers sha 1 take all other actions necessary to complete delivery of any Project Notes which iave been awarded. Section 6. Each Requisition Agreement securing one or more series of Project Notes shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the President of the Redevelopment Commission and the Secretary of the Redevelopment Commission is authorized and directed to cause the seal of the Redevelopment Commission to be impressed, imprinted or reproduced thereon and to attest the same. Section 7. The Treasurer of St. Joseph County, Ex officio Treasurer of the City of South Bend or his duly authorized deputy is authorized and directed to deliver the Project Notes by signing and promptly sending after acceptance of each proposal a letter to each paying agent for such Project Notes in substantially the form of HUD-9004, which is incorporated herein by reference, and to transmit there- with (a) the Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature certificate and receipt, in accordance with the terms of the letter, and to take such other actions as may be required to complete the delivery transaction in accordance with the terms of the letter to the paying agent. Section 8. The officers herein designated are authorized to take all actions as may be re uired to validate and complete delivery of the Project Notes herein authorized tZ be issued from time to time. Section series of Pr to pay any s Lion Agreeme Agreement wh by the Local time of such orized or re Notes (refer Notes" or 11P cably pledge on each seri cease and to securities c sufficient a such Notes, Section (a) to the G be available interest on which may be to the payin to the Gover funds of the be necessary refunded in 9. For the punctual payment of the principal of and interest on each ject Notes, the Local Issuing Agency expressly and irrevocably promises ms which may be received from the Government pursuant to the Requisi- t relating to such series of Project Notes and each such Requisition n executed by the Government is declared to be and is hereby assigned Issuing Agency for the benefit of the holder or holders from time to series of Project Notes. All contributions, funds and amounts auth- uired by the Contract to be applied to the payment of Project Loan ed to in the Contract as "Project Temporary Loan Obligations", "Advance rmanent Notes") as issued in connection with the Project are irrevo- to secure the payment of the principal of and interest to maturity s of Project Notes. Such pledge and the lien created thereby shall minate as to any series of Project Notes when monies or investment nvertible into cash not later than the maturity date of such Notes, d for the purpose of paying the principal and interest to maturity on re deposited with the paying agent or agents for such Notes. 10. The said Executive Director is authorized and directed to pay )vernment such amount of such funds of the Local Issuing Agency as may for such purpose and as may be necessary to pay the principal of and )bligations of the Local Issuing Agency then held by the Government refunded in part by any one or more series of Project Notes and (b) agent or agents of any then outstanding series of Project Notes, or iment for transmittal to said paying agent or agents, such amount of Local Issuing Agency as may be available for such purpose and as may to pay the principal of and interest on such Project Notes which are ,)art by succeeding issues of Project Notes. Page 3 . Section 11. The Local Issuing Agency hereby covenants with the holders from time to time of any Project Notes issued under this resolution that it will not amend this r solution in any way which would limit or alter the rights of such holders unde Section 9 hereof or otherwise impair the rights and remedies of such holders until such Project Notes, together with interest thereon, and all costs, expen es and damages in connection with any action or proceedings by or on behalf of such holders are fully met and discharged. SectionJ12. This Resolution shall take effect immediately. Section 13. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held October 2, 1970 at the Office of the Redevelopment Commission, Room 1200, County-City Building, 227 West Jefferson Blvd., South Bend, Indiana, 46601. ATTEST: FA°d'J. He}me Assistant Secretary (SEAL) CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Pr siden VDean J. Wilhelm