HomeMy WebLinkAboutD-2096-12 Amend D-2071-11/Sewage Revenue BondORDINANCE D- 2096 -12,
AMENDING ORDINANCE NO. D- 2071 -11
Sponsor: Councilor Luci Snyder
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA MAKING AN AMENDMENT TO ORDINANCE NO. D- 2071 -11
WHEREAS, WHEREAS, the City of Carmel, Indiana (the "City has heretofore
established, constructed and financed a municipal sewage works system for the purpose of
providing for the collection and treatment of wastewater from the City residents and users (the
"System pursuant to IC 36 -9 -23 et seq., as in effect on the issue date of the bond anticipation
notes or the bonds, as applicable, which are authorized herein (the "Act and
WHEREAS, pursuant to Ordinance No. D- 2071 -11, adopted by the Common Council of
the City (the "Council on February 20, 2012 (the "Original Ordinance the Council
authorized the issuance of the City of Carmel, Indiana Sewage Works Revenue Bonds of 2012
(the "2012 Bonds and
WHEREAS, the Council now desires to make a certain amendment to the Original
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, THAT:
Section 1. Further Covenants of the City. Section 21(c) of the Original Ordinance is
hereby amended to read as follows:
"(c) So long as any of the Prior Bonds, 2012 Bonds or any BANs are
outstanding, the City shall not mortgage, pledge or otherwise encumber the works, or any
part thereof, and shall not sell, lease or otherwise dispose of any part of the same,
excepting only such machinery, equipment or other property as may be replaced, or shall
no longer be necessary for use in connection with said utility, provided that if such
outstanding BANs, Prior Bonds or 2012 Bonds are sold to the Authority as part of the
SRF Program, such exception shall only apply if the Authority consents."
Section 2. No Other Changes. Except as set forth in this Ordinance, all other
provisions of the Original Ordinance remain in full force and effect.
Section 3. Effective Date. This Ordinance shall be in full force and effect from and,
after its passage and execution by the Mayor in accordance with the laws of the State of Indiana
ADOPTED by the Common Council of the City of Carmel, Indiana thisoZI day of iNk
2012, by a vote of 7 ayes and 0 nays.
Pre ing Officer
1"
A All
Richard L. Sharp, Presi
ATTEST:
COMMON COUNCIL FOR THE CITY OF CARMEL
nt Pro Tempore
Diana L. Cordray, IAMC, Cd rk- Treasurer
2
evin Rider
Carol Schleif
W. Eric Seid nsticker
ATTEST:
n4
Presented by me to the Mayor of the City of Carmel, Indiana this o a day of
2012, at of a 7 P.M.
Approved by me, Mayor of the City of Carmel, Indiana, this 3 of
2012, at ct 4 A.M.
Y
Diana L. Cordray, IAMC, Clerk- TrAsurer
Prepared by: Richard C. Starkey
Barnes Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
INDS01 AWILLIAMS 1336141v1
3
Diana L. Cordray, IAMC, Cj rk- Treasurer
es Brainard, Mayor
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