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HomeMy WebLinkAboutNo. 0281 authorizing the sale, issuance, delivery of project notes and the execution of requisition agreements IND R-66RESOLUTION NO. 281 AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF PROJECT NOTES AND THE EXECUTION OF REQUISITION AGREEMENTS, IND. R-66 WHERE A.1, The City of South Bend, Department of Redevelopment (herein called the "Local ssuing 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, to e with any supplements thereto or amendments or waivers of any provision t ereof, are herein called the "Contract ") with the United States of America (he ein called the "Government ") providing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low -rent housing or redevelopme t project(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 hereinafter provided: NOW, THEREFORE, BE IT RESOLVED by the Local Issuing Agency as follows: Sectioa 1. For the purpose of providing funds to pay expenses incurred or to be incurred pursuant to the Contract or to refund, renew or extend its outstanding Notes issued in connection therewith, the Local Issuing Agency hereby determines to issue its Project Notes for purchase by the public from time to time in amounts which shall not exceed the - aggregate loan amount or the Actual Development Cost specified in the Contract, as the case may be. Such Project Notes shall be in such principal amounts, bear such interest rates, be dated and mature, all as prescribed in this Resolution. Section 2. a. The Controller of the City of South Bend is hereby authorized and directed to advertise from time to time the public sale of Project Notes of the Local Issuing Agency by causing the publication of a Notice of Sale thereof in a newspaper pursuant to State Law, if required, and in The Daily Bond Buyer, a financial newspaper published in the City of New York, New York. The Notice of Sale for publication locally shall be substantially in the form of HUD -9001, which is incorporated herein by reference. The Notice of Sale to be published in the Daily Bond Buyer may be included in a consolidated Notice of Sale. Each Notice of Sale sh 11 be published at intervals in accordance with a schedule of advertising arranged i cooperation with the Government. Each separate issue of Project Notes advertised for 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 reference, 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 or Project Notes. Up n completion of the review, the contents of all proposals shall be communicat d by telephone to the Government with a recommendation for award. a recommen4 Agency to of the per in the prof proposals of the higl proposals. telegram o: b. The Executive Director after receiving Government approval of d award is hereby authorized and directed on behalf of the Local Issuing and the Project Notes at the lowest interest rate or rates not in excess ntage rate per annum specified in the Contract or under State Law offered sals without reference to premiums: Provided however, that as among ecifying the same lowest interest rate, awards shall be made on the basis st premium per dollar principal amount of the Notes specified in such The Executive Director shall promptly notify each successful bidder by the principal amount of Project Notes so awarded to such bidder. Section 5. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor of the City of South Bend; and shall have the official seal of the Local Public Agency impressed thereon and attested by the City Clerk of the City of South Bend; and shall otherwise be in substantially the form of HUD -9017 which is incorporated herein be refere ce. Section 6. This Resolution shall supersede all previous resolutions authorizing Project Temporary Loan Notes, and the Project Loan Notes authorized by this Resolution shall be exchanged for any Project Temporary Loan Notes heretofore; issued pursuant to any previous resolution. 7. This Resolution shall take effect immediately. Sect on 8. Adopted at the Regular Meeting of the South Bend Redevelopment Commissio a held in the Office of the Local Public Agency at 120 West LaSalle Avenue, Suite 1001, South Bend, Indiana on November 21, 1969. CITY OF SOUTH BEND DEP NT OF REDEVELOPMENT � C Donald A. Wiggins, sident ATTEST: SEAL