OFFICIAL NOTICE OF INTENT TO SELL BONDS Upon not less than twenty-four (24) hours' notice given by telephone by the undersigned Clerk-Treasurer, the Town of Mentone, Indiana ("Town") will receive and consider bids for the purchase of the following described bonds. Any person interested in submitting a bid for the bonds must furnish in writing to the undersigned Clerk-Treasurer of the Town, c/o H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, P.O. Box 40458, Indianapolis, IN 46240-0458, (317) 465-1500, (317) 465-1550 (facsimile) or via e-mail to [email protected], on or before 11:00 a.m. (Eastern Time) on June 21, 2010, the person's name, address, and telephone number. The persons may also furnish a telex or telecopy number or an e-mail address. The undersigned Clerk-Treasurer will notify (or cause to be notified) each person so registered of the date and time bids will be received not less than twenty-four (24) hours before the date and time of sale. The notification shall be made by telephone at the number furnished by such person and also by telex or telecopy or e-mail if a telex or telecopy number or e-mail address has been received. The sale is expected to take place on or about June 22, 2010. At the time designated for the sale, the Clerk-Treasurer will receive at the office of the Town's financial advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, P.O. Box 40458, Indianapolis, IN 46240-0458, and consider bids for the purchase of the bonds of the Town designated as "Sewage Works Revenue Bonds of 2010" in the aggregate amount of $1,055,000. Bidders may bid a discount not to exceed 1.5% of the par value of the bonds. The bonds will bear interest at a rate or rates not to exceed 7.0% per annum (the exact interest rate or rates will be determined by bidding). Interest will be payable semiannually on May 1 and November 1 of each year, beginning on November 1, 2010. Interest will be calculated on a 360-day year consisting of twelve 30-day months. Said bonds will be dated as of their date of delivery, will be in the denominations of $5,000 or integral multiples thereof and will mature semiannually on the dates and in the amounts as follows: Date Amount May 1, 2011 $15,000 November 1, 2011 20,000 May 1, 2012 20,000 November 1, 2012 20,000 May 1, 2013 20,000 November 1, 2013 20,000 May 1, 2014 20,000 November 1, 2014 20,000 May 1, 2015 20,000 November 1, 2015 20,000 May 1, 2016 20,000 November 1, 2016 20,000 May 1, 2017 20,000 November 1, 2017 20,000 May 1, 2018 20,000 November 1, 2018 20,000 May 1, 2019 25,000 November 1, 2019 25,000 May 1, 2020 25,000 November 1, 2020 25,000 May 1, 2021 25,000 November 1, 2021 25,000 May 1, 2022 25,000 November 1, 2022 25,000 May 1, 2023 30,000 November 1, 2023 30,000 May 1, 2024 30,000 November 1, 2024 30,000 May 1, 2025 30,000 November 1, 2025 30,000 May 1, 2026 30,000 November 1, 2026 35,000 May 1, 2027 35,000 November 1, 2027 35,000 May 1, 2028 35,000 November 1,2028 35,000 May 1, 2029 35,000 November 1, 2029 40,000 May 1, 2030 40,000 November 1, 2030 40,000 All or a portion of the bonds may be issued as one or more term bonds, upon election of the successful bidder. Such term bonds shall have a stated maturity or maturities of May 1 and November 1 in the years as determined by the successful bidder through the final maturity as set forth above. The term bonds shall be subject to mandatory sinking fund redemption and final payment(s) at maturity at 100% of the principal amount thereof, plus accrued interest to the redemption date, on dates consistent with the above schedule. The bonds of this issue maturing on May 1, 2019, and thereafter, are redeemable at the option of the Town on November 1, 2018, or any date thereafter, on thirty (30) days' notice, in whole or in part, in the order of maturity as determined by the Town and by lot within a maturity, at face value, plus in each case accrued interest to the date fixed for redemption. Principal is payable at the office of a registrar and paying agent to be designated by the Town. Interest shall be paid by check mailed to the registered owners or by wire transfer to depositories. The bonds will be issued in fully registered form. Each bid must be for all of the bonds and must state the rate or rates of interest in multiples of 1/8 or 1/20 of 1%. Any bids specifying two or more interest rates shall also specify the amount and maturities of the bonds bearing each rate, but all bonds maturing on the same date shall bear the same single interest rate. The rate on any maturity shall be equal to or greater than the rate on the immediately preceding maturity. The award will be made to the best bidder complying with the terms of sale and offering the lowest net interest cost to the Town, to be determined by computing the total interest on all of the bonds to their maturities and adding thereto the discount bid, if any, and deducting therefrom the premium bid, if any. Although not a term of sale, it is requested that each bid show the net dollar interest cost to final maturity and the net effective average interest rate on the entire issue. No conditional bid or bids for less than 98.5% of the par value of the bonds will be considered. The right is reserved to reject any and all bids. In the event no satisfactory bids are received at the time of the sale, the sale will be continued from day to day thereafter, without further advertisement for a period of thirty (30) days during which time no bid which provides a higher net interest cost to the Town than the best bid received at the time of the advertised sale will be considered. Each bid must be on a customary bid form which shall be enclosed in a sealed envelope addressed to the undersigned Clerk-Treasurer and marked "Bid for Town of Mentone Sewage Works Revenue Bonds of 2010." The successful bidder will be notified and instructed to submit a good faith deposit which may consist of either a certified or cashier's check or a wire transfer in the amount of $10,550 ("Deposit"). If a check is submitted, it shall be drawn on a bank or trust company which is insured by the Federal Deposit Insurance Corporation and shall be submitted to the Town (or wire transfer such amount as instructed by the Town) not later than 3:30 pm. (Eastern Time) on the day following the award. In either case, the Deposit shall be payable to the "Town of Mentone," and shall be held as a guaranty of the performance of the bid. No interest on the Deposit will accrue to the successful bidder. In the event the successful bidder fails to honor its accepted bid, the Deposit will be retained by the Town. The successful bidder will be required to make payment for such bonds in Federal Reserve funds or other immediately available funds and accept delivery of the bonds within five days after being notified that the bonds are ready for delivery, at such bank in the City of Indianapolis, Indiana, or the Town, as the purchaser shall designate, or at such other location which may be mutually agreed to by the Town and such bidder. It is anticipated that the bonds will be ready for delivery within thirty days after the date of the sale and if not ready for delivery within forty-five days after the sale date, the purchaser shall be entitled to rescind the sale and obtain the return of the Deposit. The successful bidder is expected to apply to a securities depository registered with the SEC to make such bonds depository-eligible. The successful bidder will also be required to certify as to the price at which a substantial amount of bonds of each maturity was reoffered to the public. The opinion of Ice Miller LLP, bond counsel of Indianapolis, Indiana, approving the legality of the bonds, together with a transcript of the bond proceedings, and closing certificates in the usual form showing no litigation, will be furnished to the successful bidder at the expense of the Town. The bonds may be issued by means of a book-entry-only system with no physical distribution of bond certificates made to the public. In this case, one bond certificate for each maturity will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The successful bidder, as a condition of delivery of the bonds, may be required to deposit the bond certificates with DTC, registered in the name of Cede & Co., nominee of DTC. It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder therefor to accept delivery of and pay for the bonds in accordance with the terms of its bid. No CUSIP identification number shall be deemed to be a part of any bond or a part of the contract evidenced thereby and no liability shall hereafter attach to the Town or any of its officers or agents because of or on account of such numbers. All expenses in relation to the printing of CUSIP identification numbers on the bonds shall be paid for by the Town; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the successful bidder. The successful bidder will also be responsible for any other fees or expenses it incurs in connection with the resale of the bonds. The bonds are being issued under the provisions of Indiana Code 36-9-23 for the purpose of providing funds to be applied on the costs of the construction of improvements and additions to the municipal sewage works of the Town. The bonds will be payable solely out of a special fund from the net revenues of the sewage works of the Town. In the opinion of bond counsel, under the federal statutes, decisions, regulations and rulings existing on this date, the interest on the bonds is excludable from gross income for purposes of federal income taxation. The Town has reserved the right to issue additional bonds ranking on a parity with the bonds now being offered, upon certain terms and conditions specifically set forth in the ordinance authorizing issuance of the bonds. The bonds are subject to the Internal Revenue Code of 1986 as in effect on the date of their issuance ("Code") which imposes limitations on the issuance of obligations like the bonds under federal tax law. The Town has covenanted to comply with those limitations to the extent required to preserve the exclusion of interest on the bonds from gross income for federal income tax purposes. The Town has designated the bonds for purposes of Section 265(b) of the Code to qualify for the $30,000,000 annual exception from the 100% disallowance, in the case of banks and other financial institutions, of the deduction for interest expense allocable to tax-exempt obligations. The Town has prepared an Official Statement relating to the bonds which it deems to be nearly final. A copy of the nearly final Official Statement may be obtained from the Town's Financial Advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP. Within seven (7) business days of the sale, the Town will provide the successful bidder with 50 copies of the final Official Statement at the Town's expense and such additional copies as may be requested, within five (5) business days of the sale, by the successful bidder at the expense of the successful bidder. Inquiries concerning matters contained in the nearly final Official Statement must be made and pricing and other information necessary to complete the final Official Statement must be submitted by the successful bidder within two (2) business days following the sale to be included in the final Official Statement. In the ordinance approving the bonds and pursuant to a Continuing Disclosure Undertaking Certificate to be delivered by the Town upon delivery of the bonds, the Town will covenant to comply with Securities and Exchange Commission Rule 15c2-12, as in effect of the date of delivery of the bonds ( "Rule 15c2-12"). The Town will covenant to provide the most recent annual financial information and operating data relating to the Town as described in the Preliminary Official Statement prepared in connection with the sale of the bonds. Further, with respect to the bonds, the Town will undertake to provide notice of those material events required by Rule 15c2-12. Dated this 7th day of June, 2010. /s/ Barbara Ross Clerk-Treasurer, Town of Mentone j7,14 [[In-content Ad]]
OFFICIAL NOTICE OF INTENT TO SELL BONDS Upon not less than twenty-four (24) hours' notice given by telephone by the undersigned Clerk-Treasurer, the Town of Mentone, Indiana ("Town") will receive and consider bids for the purchase of the following described bonds. Any person interested in submitting a bid for the bonds must furnish in writing to the undersigned Clerk-Treasurer of the Town, c/o H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, P.O. Box 40458, Indianapolis, IN 46240-0458, (317) 465-1500, (317) 465-1550 (facsimile) or via e-mail to [email protected], on or before 11:00 a.m. (Eastern Time) on June 21, 2010, the person's name, address, and telephone number. The persons may also furnish a telex or telecopy number or an e-mail address. The undersigned Clerk-Treasurer will notify (or cause to be notified) each person so registered of the date and time bids will be received not less than twenty-four (24) hours before the date and time of sale. The notification shall be made by telephone at the number furnished by such person and also by telex or telecopy or e-mail if a telex or telecopy number or e-mail address has been received. The sale is expected to take place on or about June 22, 2010. At the time designated for the sale, the Clerk-Treasurer will receive at the office of the Town's financial advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, P.O. Box 40458, Indianapolis, IN 46240-0458, and consider bids for the purchase of the bonds of the Town designated as "Sewage Works Revenue Bonds of 2010" in the aggregate amount of $1,055,000. Bidders may bid a discount not to exceed 1.5% of the par value of the bonds. The bonds will bear interest at a rate or rates not to exceed 7.0% per annum (the exact interest rate or rates will be determined by bidding). Interest will be payable semiannually on May 1 and November 1 of each year, beginning on November 1, 2010. Interest will be calculated on a 360-day year consisting of twelve 30-day months. Said bonds will be dated as of their date of delivery, will be in the denominations of $5,000 or integral multiples thereof and will mature semiannually on the dates and in the amounts as follows: Date Amount May 1, 2011 $15,000 November 1, 2011 20,000 May 1, 2012 20,000 November 1, 2012 20,000 May 1, 2013 20,000 November 1, 2013 20,000 May 1, 2014 20,000 November 1, 2014 20,000 May 1, 2015 20,000 November 1, 2015 20,000 May 1, 2016 20,000 November 1, 2016 20,000 May 1, 2017 20,000 November 1, 2017 20,000 May 1, 2018 20,000 November 1, 2018 20,000 May 1, 2019 25,000 November 1, 2019 25,000 May 1, 2020 25,000 November 1, 2020 25,000 May 1, 2021 25,000 November 1, 2021 25,000 May 1, 2022 25,000 November 1, 2022 25,000 May 1, 2023 30,000 November 1, 2023 30,000 May 1, 2024 30,000 November 1, 2024 30,000 May 1, 2025 30,000 November 1, 2025 30,000 May 1, 2026 30,000 November 1, 2026 35,000 May 1, 2027 35,000 November 1, 2027 35,000 May 1, 2028 35,000 November 1,2028 35,000 May 1, 2029 35,000 November 1, 2029 40,000 May 1, 2030 40,000 November 1, 2030 40,000 All or a portion of the bonds may be issued as one or more term bonds, upon election of the successful bidder. Such term bonds shall have a stated maturity or maturities of May 1 and November 1 in the years as determined by the successful bidder through the final maturity as set forth above. The term bonds shall be subject to mandatory sinking fund redemption and final payment(s) at maturity at 100% of the principal amount thereof, plus accrued interest to the redemption date, on dates consistent with the above schedule. The bonds of this issue maturing on May 1, 2019, and thereafter, are redeemable at the option of the Town on November 1, 2018, or any date thereafter, on thirty (30) days' notice, in whole or in part, in the order of maturity as determined by the Town and by lot within a maturity, at face value, plus in each case accrued interest to the date fixed for redemption. Principal is payable at the office of a registrar and paying agent to be designated by the Town. Interest shall be paid by check mailed to the registered owners or by wire transfer to depositories. The bonds will be issued in fully registered form. Each bid must be for all of the bonds and must state the rate or rates of interest in multiples of 1/8 or 1/20 of 1%. Any bids specifying two or more interest rates shall also specify the amount and maturities of the bonds bearing each rate, but all bonds maturing on the same date shall bear the same single interest rate. The rate on any maturity shall be equal to or greater than the rate on the immediately preceding maturity. The award will be made to the best bidder complying with the terms of sale and offering the lowest net interest cost to the Town, to be determined by computing the total interest on all of the bonds to their maturities and adding thereto the discount bid, if any, and deducting therefrom the premium bid, if any. Although not a term of sale, it is requested that each bid show the net dollar interest cost to final maturity and the net effective average interest rate on the entire issue. No conditional bid or bids for less than 98.5% of the par value of the bonds will be considered. The right is reserved to reject any and all bids. In the event no satisfactory bids are received at the time of the sale, the sale will be continued from day to day thereafter, without further advertisement for a period of thirty (30) days during which time no bid which provides a higher net interest cost to the Town than the best bid received at the time of the advertised sale will be considered. Each bid must be on a customary bid form which shall be enclosed in a sealed envelope addressed to the undersigned Clerk-Treasurer and marked "Bid for Town of Mentone Sewage Works Revenue Bonds of 2010." The successful bidder will be notified and instructed to submit a good faith deposit which may consist of either a certified or cashier's check or a wire transfer in the amount of $10,550 ("Deposit"). If a check is submitted, it shall be drawn on a bank or trust company which is insured by the Federal Deposit Insurance Corporation and shall be submitted to the Town (or wire transfer such amount as instructed by the Town) not later than 3:30 pm. (Eastern Time) on the day following the award. In either case, the Deposit shall be payable to the "Town of Mentone," and shall be held as a guaranty of the performance of the bid. No interest on the Deposit will accrue to the successful bidder. In the event the successful bidder fails to honor its accepted bid, the Deposit will be retained by the Town. The successful bidder will be required to make payment for such bonds in Federal Reserve funds or other immediately available funds and accept delivery of the bonds within five days after being notified that the bonds are ready for delivery, at such bank in the City of Indianapolis, Indiana, or the Town, as the purchaser shall designate, or at such other location which may be mutually agreed to by the Town and such bidder. It is anticipated that the bonds will be ready for delivery within thirty days after the date of the sale and if not ready for delivery within forty-five days after the sale date, the purchaser shall be entitled to rescind the sale and obtain the return of the Deposit. The successful bidder is expected to apply to a securities depository registered with the SEC to make such bonds depository-eligible. The successful bidder will also be required to certify as to the price at which a substantial amount of bonds of each maturity was reoffered to the public. The opinion of Ice Miller LLP, bond counsel of Indianapolis, Indiana, approving the legality of the bonds, together with a transcript of the bond proceedings, and closing certificates in the usual form showing no litigation, will be furnished to the successful bidder at the expense of the Town. The bonds may be issued by means of a book-entry-only system with no physical distribution of bond certificates made to the public. In this case, one bond certificate for each maturity will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The successful bidder, as a condition of delivery of the bonds, may be required to deposit the bond certificates with DTC, registered in the name of Cede & Co., nominee of DTC. It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder therefor to accept delivery of and pay for the bonds in accordance with the terms of its bid. No CUSIP identification number shall be deemed to be a part of any bond or a part of the contract evidenced thereby and no liability shall hereafter attach to the Town or any of its officers or agents because of or on account of such numbers. All expenses in relation to the printing of CUSIP identification numbers on the bonds shall be paid for by the Town; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the successful bidder. The successful bidder will also be responsible for any other fees or expenses it incurs in connection with the resale of the bonds. The bonds are being issued under the provisions of Indiana Code 36-9-23 for the purpose of providing funds to be applied on the costs of the construction of improvements and additions to the municipal sewage works of the Town. The bonds will be payable solely out of a special fund from the net revenues of the sewage works of the Town. In the opinion of bond counsel, under the federal statutes, decisions, regulations and rulings existing on this date, the interest on the bonds is excludable from gross income for purposes of federal income taxation. The Town has reserved the right to issue additional bonds ranking on a parity with the bonds now being offered, upon certain terms and conditions specifically set forth in the ordinance authorizing issuance of the bonds. The bonds are subject to the Internal Revenue Code of 1986 as in effect on the date of their issuance ("Code") which imposes limitations on the issuance of obligations like the bonds under federal tax law. The Town has covenanted to comply with those limitations to the extent required to preserve the exclusion of interest on the bonds from gross income for federal income tax purposes. The Town has designated the bonds for purposes of Section 265(b) of the Code to qualify for the $30,000,000 annual exception from the 100% disallowance, in the case of banks and other financial institutions, of the deduction for interest expense allocable to tax-exempt obligations. The Town has prepared an Official Statement relating to the bonds which it deems to be nearly final. A copy of the nearly final Official Statement may be obtained from the Town's Financial Advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP. Within seven (7) business days of the sale, the Town will provide the successful bidder with 50 copies of the final Official Statement at the Town's expense and such additional copies as may be requested, within five (5) business days of the sale, by the successful bidder at the expense of the successful bidder. Inquiries concerning matters contained in the nearly final Official Statement must be made and pricing and other information necessary to complete the final Official Statement must be submitted by the successful bidder within two (2) business days following the sale to be included in the final Official Statement. In the ordinance approving the bonds and pursuant to a Continuing Disclosure Undertaking Certificate to be delivered by the Town upon delivery of the bonds, the Town will covenant to comply with Securities and Exchange Commission Rule 15c2-12, as in effect of the date of delivery of the bonds ( "Rule 15c2-12"). The Town will covenant to provide the most recent annual financial information and operating data relating to the Town as described in the Preliminary Official Statement prepared in connection with the sale of the bonds. Further, with respect to the bonds, the Town will undertake to provide notice of those material events required by Rule 15c2-12. Dated this 7th day of June, 2010. /s/ Barbara Ross Clerk-Treasurer, Town of Mentone j7,14 [[In-content Ad]]
