HomeMy WebLinkAboutResolution_BPW_05-06-20-06 Storm Water Management for the City of Carmel, Indiana, Amending a Prior Bond Resolution
RESOLUTION NO. BPW 05-06-20-06
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY, ACTING AS
THE GOVERNING BODY OF THE DEPARTMENT OF STORM WATER
MANAGEMENT FOR THE CITY OF CARMEL, INDIANA, AMENDING A PRIOR
BOND RESOLUTION
WHEREAS, the City of Carmel, Indiana (the “City”) has heretofore adopted the
provisions of IC 8-1.5-5 establishing the Storm Water District of the City of Carmel, Indiana (the
“District”), to be governed by the Board of Public Works and Safety of the City (the “Board”),
and established, constructed and financed a municipal storm water system for the purpose of
providing for the collection and disposal of storm water for the benefit of the residents and users
(the “System”) and now owns and operates the System pursuant to IC 8-1.5-5 et seq., as
amended; and
WHEREAS, the Board adopted its Resolution No. SWB 02-03-16-03 on February 3,
2016 (the “Bond Resolution”) authorizing the issuance of revenue bonds of the District (the
“Bonds”) to finance the Project described therein; and
WHEREAS, Section 10 of the Bond Resolution set forth the authorized options for
selling the Bonds; and
WHEREAS, since the Bond Resolution was adopted, Indiana law has been amended to
permit the sale of the Bonds through negotiation, and the Board now desires to amend the Bond
Resolution to authorize this manner of sale and matters related thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
AND SAFETY, ACTING AS THE GOVERNING BODY OF THE DEPARTMENT OF
STORM WATER MANAGEMENT FOR THE CITY OF CARMEL, INDIANA, as follows:
Section 1. Amendment to Bond Resolution. Section 10 of the Bond Resolution is
hereby amended to authorize the sale of the Bonds through a negotiated sale, as permitted by IC
5-1-11-1(a)(2)(B), upon the advice of the City’s financial advisor, in addition to the other
authorized methods set forth therein. Notwithstanding anything in the Bond Resolution to the
contrary, the manner of sale shall be determined by the Mayor of the City. If the Bonds are sold
through a private placement, they may be sold in such denomination or denominations
determined by the Mayor with the advice of the City’s financial advisor.
Section 2. Controller as Fiscal Officer. Due to the City’s conversion to second
class city status, all references in the Bond Resolution to “Clerk-Treasurer” are hereby amended
to read “Controller.”
Section 3. Effective Date. This resolution shall be in full force and effect
immediately upon its passage and signing. Except as amended herein, the Bond Resolution is
hereby ratified and confirmed for all purposes and shall remain in full force and effect.
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PASSED by the Board of Public Works and Safety, acting as governing body of the Department
of Storm Water Management for the City of Carmel, Indiana, this 6th day of May, 2020, by a
vote of ______ ayes and _____ nays.
BOARD OF PUBLIC WORKS AND SAFETY, ACTING AS THE GOVERNING BODY
OF THE DEPARTMENT OF STORM WATER MANAGEMENT FOR THE
CITY OF CARMEL, INDIANA
James Brainard, Presiding Officer
Mary Ann Burke, Member
Lori S. Watson, Member
Prepared by: Bruce D. Donaldson, Esq.
Barnes & Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
DMS 17190615v1
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