OFFICIAL NOTICE OF
INTENT TO SELL BONDS
Upon not less
than twenty-four (24) hours' notice given by telephone, the undersigned
Clerk-Treasurer of the Town of Chesterton, 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,
Indianapolis, Indiana 46240, (317) 465-1536, (317) 465-1550 (facsimile) or
via e-mail to clark@umbaugh.com, on or before 11:00 a.m. (Indianapolis time)
on July 28, 2010, the person's name, address, and telephone number. The
persons may also furnish a 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 telecopy or e-mail if a telecopy number or e-mail address
has been received. The sale is expected to take place on or about July 29,
2010.
At the time
designated for the sale, the Clerk-Treasurer will receive and consider bids
for the purchase of the bonds of the Town designated "General Obligation
Bonds of 2010" in the aggregate amount of $2,000,000. Bidders may not bid a
discount. The bonds will bear interest at a rate or rates not to exceed 6.5%
per annum (the exact interest rate or rates will be determined by bidding).
Interest will be payable semiannually on January 1 and July 1 of each year,
beginning on July 1, 2011. Interest will be calculated on a 360-day year
consisting of twelve 30-day months. The bonds will be dated as of the date
of delivery of the bonds, will be in the denominations of $5,000 or integral
multiples thereof and will mature semiannually on January 1 and July 1 on
the dates and in the amounts as provided by the Town at least 24 hours prior
to the time of the sale.
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 January 1 and July 1, on the dates as determined by the
successful bidder, but in accordance with the maturity schedule to be
provided for the bonds, and no later than the final maturity established by
the Town prior to the sale. 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 schedule provided.
The bonds of this
issue maturing on January 1, 2019, and thereafter, are redeemable at the
option of the Town on July 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 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
100% 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
Chesterton General Obligation 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
$20,000 ("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 Chesterton," 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, at the option of the successful bidder, 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. In this case, the successful bidder, as a condition of delivery
of the bonds, would 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 36-5-2-11 for the purpose
of providing funds to be applied on the costs of constructing a new
municipal building. The bonds constitute general obligations of the Town.
Principal of and interest on the bonds are payable from an ad valorem
property tax levied and collected on all taxable property within 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 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
up to 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 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 14th
day of July, 2010.
/s/ Gayle
Polakowski
Clerk-Treasurer,
Town of Chesterton,
Indiana
(July 14, 21,
2010)