NOTICE OF HEARING ON ADDITIONAL APPROPRIATION
Notice is hereby given to the residents and taxpayers of the Driftwood Fire Protection District, Jackson County, Indiana (the “District”) located in Jackson County, Indiana, that the Jackson County Council will hold on behalf of the District a public hearing sometime during its meeting commencing at 6:00 p.m., local time, on November 15, 2017, located at 220 E. Walnut Street in Brownstown, Indiana, on the matter of appropriating the proceeds of the Fire Protection General Obligation Bonds, Series 2017 (the “Bonds”), to be issued by the District for the purpose of purchasing of fire truck, real estate, if necessary and any necessary equipment thereto (the “Project”), together with all investment earnings on the proceeds of the Bonds. The amount of the proceeds of the Bonds will not exceed $288,000, together with any premium therefor. Those proceeds and the investment earnings thereon will be used for the payment of the costs of the Project, related and incidental expenses to be incurred in connection therewith and the costs of issuance of the Bonds. Such appropriation is in addition to any appropriation provided for in the District’s existing budget and tax law. Funds to cover the appropriation are to be provided from the proceeds of the Bonds in an amount not to exceed that set forth in this Notice, plus any investment earnings thereon. At such public hearing, all persons shall have the right to appear and be heard on the necessity of the appropriation.
Dated this 25th day of October, 2017.
JACKSON COUNTY, INDIANA for and behalf of the DRIFTWOOD FIRE PROTECTION DISTRICT
OFFICIAL NOTICE OF BOND SALE
DRIFTWOOD FIRE PROTECTION DISTRICT (JACKSON COUNTY, INDIANA)
GENERAL OBLIGATION BONDS, SERIES 2017
NOTICE IS HEREBY GIVEN that separate electronic and sealed bids will be received on behalf of the Driftwood Fire Protection District, Jackson County, Indiana (the “District”) in care of the District’s financial advisor, Reedy Financial Group, P.C., 115 W. Washington Street, Suite 1690, Indianapolis, IN 46204, 317-820-3440 (telephone), 812-522-9494 (facsimile), firstname.lastname@example.org (e-mail) (the “Financial Advisor”), in the manner as set forth herein for the purchase of the bonds of the District designated as “Driftwood Fire Protection District General Obligation Bonds, Series 2017” (the “2017 Bonds”) in the aggregate principal amount of $250,000, bearing interest at a rate or rates which produce a yield not exceeding four percent (4.00%) per annum.
TYPES OF BIDS ALLOWED. Bidders may submit a sealed bid (facsimile and e-mail allowed) to the District’s financial advisor at the address described above until 12:00 p.m., E.D.T. (Indianapolis Time) on November 14, 2017.
FORM, MATURITY AND PAYMENT OF BONDS. Interest on the 2017 Bonds shall be calculated on the basis of twelve (12) thirty (30)-day months for a three hundred and sixty (360)-day year and shall be payable semi-annually on January 1 and July 1 in each year, commencing July 1, 2018. The 2017 Bonds will be issued as fully registered bonds in book-entry-only form in denominations of $1,000 each or any integral multiples thereof, not exceeding the aggregate principal amount of such 2017 Bonds maturing in any one year, and when issued, may be registered in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), New York, New York. If Cede & Co. is the registered owner of the 2017 Bonds, purchasers of beneficial interests in the 2017 Bonds will not receive physical delivery of bond certificates and ownership by the Beneficial Owners of the 2017 Bonds will be evidenced by book-entry only. As long as Cede & Co. is the registered owner of the 2017 Bonds as nominee of DTC, payments of principal and interest will be made directly to such registered owner, which will in turn, remit such payments to the DTC Participants for subsequent disbursement to the Beneficial Owners. The District shall not have any liability for the failure of DTC or any DTC Participant to remit the payment or provide any notice to any Beneficial Owner of 2017 Bonds. The 2017 Bonds shall be numbered consecutively from 2017R-1 upward, shall bear an original issue date which shall be the date the 2017 Bonds are issued and shall mature on the years and amounts as follows:
The District reserves the right to adjust principal amounts within maturities to achieve approximate level annual debt service levy of the District based upon the rates bid by the successful bidder, the District’s current debt service levy and the District’s anticipated debt service levy during the term of the 2017 Bonds. In addition, the District reserves the right to decrease the entire principal amount of the 2017 Bonds issued based on the actual interest rates bid by the successful bidder. If the maximum principal amount of the 2017 Bonds issued decreases, the District reserves the right to adjust principal amounts within maturities based on the parameters set forth in this paragraph.
As an alternative to part or all of the above series of maturities, the District will consider bids for a term bond or bonds, subject to mandatory sinking fund redemption by lot prior to maturity consistent with the dates and the amounts set forth above at a price equal to the principal amount thereof, plus accrued interest to the date of redemption without premium.
All payments of interest on the 2017 Bonds will be paid by check or draft mailed one business day prior to each interest payment date, to the registered owners of the 2017 Bonds as of the first (1st) day of the month in which such interest is payable at the address as it appears on the registration books kept by the Registrar and/or Paying Agent as of the first (1st) day of the month of the interest payment date or at such other address as is provided to the Registrar and/or Paying Agent in writing by such registered owner. Principal on the 2017 Bonds will be payable at the principal corporate trust office of the Paying Agent. Notwithstanding the foregoing, so long as DTC or its nominee is the registered owner of the 2017 Bonds, principal of and interest on the 2017 Bonds will be paid directly by the Paying Agent to DTC as provided hereinabove.
The 2017 Bonds have been, or will be, designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
REDEMPTION PROVISIONS. The 2017 Bonds are not subject to redemption prior to maturity.
INTEREST RATES. Each bid must be for all of the 2017 Bonds and must state the rate or rates of interest therefor, not exceeding the maximum per annum interest rate hereinbefore specified. Such interest rate or rates must be in multiples of one-eighth (1/8) or one-hundredth (1/100) of one percent (1.00%). Bids specifying more than one interest rate must also specify the amount and maturities of the 2017 Bonds bearing each rate. All 2017 Bonds maturing on the same date shall bear the same rate of interest and the interest rate bid on any maturity of 2017 Bonds shall be equal to or greater than the interest rate bid on any and all prior maturities of 2017 Bonds. Although not a term of sale, it is requested that each bid show the net dollar cost to final maturity and the net effective interest rate on the entire issue.
BIDDING DETAILS. No conditional bid or bids for less than 99% of the par value of the 2017 Bonds, will be considered. The District reserves the right to reject any and all bids and to waive any informality in any bid. If no acceptable bid is received on the date fixed for sale of the 2017 Bonds, the sale may be continued from day to day thereafter without further advertisement for a period not to exceed thirty (30) days, but if so continued, no bid will be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for the sale.
Bidders shall submit bids in either of the two following ways:
Customary Bid Form. Bidders may submit a sealed bid on a customary bid form which shall be enclosed in a sealed envelope addressed or sent by facsimile to the Financial Advisor, Reedy Financial Group, P.C., 115 W. Washington Street, Suite 1690, Indianapolis, IN 46204, 317-820-3440 (telephone), (812) 522-9494 (facsimile), email@example.com, and marked “Bid for the Driftwood Fire Protection District Fire Protection General Obligation Bonds, Series 2017.”
PARITY. Bidders may submit electronic (as explained below) proposals via PARITY, in the manner described below, until the time designated for the sale. No bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY conflict with this Notice, the terms of this Notice shall control. For further information about PARITY, potential bidders may contact the Financial Advisor, Reedy Financial Group, P.C., 115 W. Washington Street, Suite 1690, Indianapolis, IN 46204, 317-820-3440 (telephone), (812) 522-9494 (facsimile), firstname.lastname@example.org, or i-Deal LLC, at 1359 Broadway, 2nd Floor, New York, NY 10018, telephone (212) 849-5021.
BASIS FOR AWARD. The sale of the 2017 Bonds will be awarded to the bidder making a bid that conforms to the specifications herein and which produces the lowest Net Interest Cost to the District. The lowest Net Interest Cost is determined by computing the total interest on all of the 2017 Bonds to their maturities based upon the schedule provided herein and deducting therefrom the premium bid, if any and adding thereto the discount bid, if any. In the event of a bidder’s error in interest cost calculations, the interest rates, premium, if any, and discount, if any, set forth or incorporated by reference in the Official Bid Form will be considered as the intended bid.
GOOD FAITH DEPOSIT. The successful bidder will be required to deliver to the financial advisor on behalf of the District a certified or cashier’s check, wire transfer consisting of immediately available funds to the District as instructed by the financial advisor on behalf of the District, or a financial surety bond in the amount of $2,500 (the amount of such check or financial surety bond being referred to hereinafter as the “Deposit”) within 24 hours after the bid is accepted. If a check is submitted, it must be drawn on a bank or trust company, which is insured by the Federal Deposit Insurance Corporation. If a financial surety bond is used, it must be from an insurance company. In either case, the Deposit must be submitted to the District or its Financial Advisor prior to the Sale Time in order to qualify to bid and shall be made payable to “Driftwood Fire Protection District,” to be held uncashed in the case of a check or not drawn upon in the case of a financial surety bond as a guarantee of the good faith of the bidder. The checks of unsuccessful bidders will be returned immediately following the award of the 2017 Bonds. No interest will be allowed on any checks. If the 2017 Bonds are awarded to a bidder who has submitted a financial surety bond to the District, then such bidder must submit its Deposit to the District in the form of a certified or cashier’s check (or a wire transfer consisting of immediately available funds to the District as instructed by the financial advisor on behalf of the District) not later than 3:30 p.m. (local time) on the next business day following the award by the District. If such check or wire transfer is not received by that time, the financial surety bond may be drawn upon by the District to satisfy the Deposit requirements.
In the event the bidder to whom the 2017 Bonds are awarded shall fail or refuse to comply with the provisions of the bid and this notice, such Deposit shall become the property of the District and shall be taken and considered as liquidated damages of the District on account of such failure or refusal.
The successful bidder will be required to make payment for the 2017 Bonds in Federal Reserve or other immediately available funds and accept delivery of the 2017 Bonds within five (5) days after being notified that the 2017 Bonds are ready for delivery, at a bank designated by the District. Any premium bid must be paid in cash at the time of delivery as a part of the purchase price of the 2017 Bonds. The 2017 Bonds will be ready for delivery within sixty (60) days after the date on which the award is made, if not deliverable within that period, the successful bidder will be entitled to rescind the sale and the good faith check will be returned. Any notice of rescission must be in writing. At the request of the District, the successful bidder shall furnish to the District, simultaneously with or before delivery of the 2017 Bonds, a certificate in form satisfactory to the District regarding the price at which a substantial amount of 2017 Bonds of each maturity was re-offered to the public, if applicable.
CUSIP identification numbers will not be printed on the 2017 Bonds.
AUTHORITY, PURPOSE AND SOURCE OF SECURITY. The 2017 Bonds are being issued under the provisions of the Indiana Code 36-8-11 for the purpose of procuring funds to pay all or a portion of: (1) the purchase of fire truck, (2) the purchase of fire equipment and (3) other equipment and maintenance items as determined by the District, together with the expenses necessarily incurred in connection therewith, including the expenses incurred in connection with the sale and issuance of the 2017 Bonds.
The principal of and interest on the 2017 Bonds will be payable as a general obligation of the District from ad valorem property taxes to be levied on all taxable property in the District, and the 2017 Bonds constitute an indebtedness of the District within the provisions and limitations of the Constitution of the State of Indiana.
BOND DELIVERY. At the time of delivery of the 2017 Bonds, the approving opinion of Barnes & Thornburg LLP, Indianapolis, Indiana, bond counsel, as to the validity of the 2017 Bonds, together with a transcript of bond proceedings, the printed 2017 Bonds and closing certificates in the customary form showing no litigation, will be furnished to the successful bidder at the expense of the District. In addition, unless bond counsel is able, on the date of delivery, to render an opinion to the effect that (1) under existing laws, regulations, judicial decisions and rulings, interest on the 2017 Bonds is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended, for federal income tax purposes, and (2) the interest on the 2017 Bonds is exempt from income taxation in the state of Indiana for all purposes except the state financial institutions tax, the successful bidder shall have the right to rescind the sale, and in such event the good faith deposit will be returned.
The District has not prepared an official statement or other offering material in connection with the sale of the 2017 Bonds. The purchaser of the 2017 Bonds will be required to certify that it is a sophisticated investor and that it is will not sell, convey, pledge or otherwise transfer the Bonds without compliance with applicable securities laws. The District will not execute and deliver a continuing disclosure agreement in connection with the issuance of the 2017 Bonds.
Dated this 25th day of October, 2017.
DRIFTWOOD FIRE PROTECTION DISTRICT
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