Lafayette Township Fire Department

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Download the PDF version of this notice by clicking the link Bond Sale


NOTICE IS HEREBY GIVEN that separate electronic and sealed bids will be received on behalf of the Lafayette Township Fire Protection District, Floyd County, Indiana (the “District”) in care of the District’s financial advisor, London Witte Group, LLC, c/o Jim Higgins, One Independence Center, 1776 North Meridian Street, Suite 500, Indianapolis, Indiana 46202, (317) 634-4747 (telephone), (317) 632-2727 (fax), (e-mail), in the manner as set forth herein for the purchase of the bonds of the District designated as “Lafayette Township Fire Protection Territory General Obligation Bonds, Series 2011” (the “2011 Bonds”) in the aggregate principal amount of One Million Nine Hundred Ninety-Nine Thousand Five Hundred Dollars and 00/100 Dollars ($1,999,500), bearing interest at a rate or rates which produce a yield not exceeding six percent (6.00%) 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 May 17, 2011.

FORM, MATURITY AND PAYMENT OF BONDS. Interest on the 2011 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 January 1, 2012. The 2011 Bonds will be issued as fully registered bonds in book-entry-only form in denominations of $100,000 each or any integral multiples thereof, not exceeding the aggregate principal amount of such 2011 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 2011 Bonds, purchasers of beneficial interests in the 2011 Bonds will not receive physical delivery of bond certificates and ownership by the Beneficial Owners of the 2011 Bonds will be evidenced by book-entry only. As long as Cede & Co. is the registered owner of the 2011 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 2011 Bonds. The 2011 Bonds shall be numbered consecutively from 2011R-1 upward, shall bear an original issue date which shall be the date the 2011 Bonds are issued and shall mature on the years and amounts as follows


Maturity Date    Principal Amount*    Maturity Date    Principal Amount*

July 1, 2012            37,490            July 1, 2021            51,232

January 1, 2013         38,146           January 1, 2022          52,128

July 1, 2013            38,814            July 1, 2022            53,041

January 1, 2014         39,493           January 1, 2023          53,969

July 1, 2014            40,184            July 1, 2023            54,913

January 1, 2015         40,887           January 1, 2024          55,874

July 1, 2015            41,603            July 1, 2024            56,852

January 1, 2016         42,331           January 1, 2025          57,847

July 1, 2016            43,072            July 1, 2025            58,860

January 1, 2017         43,826           January 1, 2026          59,890

July 1, 2017            44,593            July 1, 2026            60,938

January 1, 2018         45,373           January 1, 2027          62,004

July 1, 2018            46,617            July 1, 2027            63,089

January 1, 2019         46,975           January 1, 2028          64,193

July 1, 2019            47,797            July 1, 2028            65,317

January 1, 2020         48,634           January 1, 2029          66,459

July 1, 2020            49,485            July 1, 2029            67,622

January 1, 2021         50,351           January 1, 2030          68,806

                                           July 1, 2030            70,010

* Estimated, subject to change.

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 2011 Bonds. In addition, the District reserves the right to decrease the entire principal amount of the 2011 Bonds issued based on the actual interest rates bid by the successful bidder. If the maximum principal amount of the 2011 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 2011 Bonds will be paid by check or draft mailed one business day prior to each interest payment date, to the registered owners of the 2011 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 2011 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 2011 Bonds, principal of and interest on the 2011 Bonds will be paid directly by the Paying Agent to DTC as provided hereinabove.
The 2011 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 2011 Bonds maturing on or after January 1, 2020, are subject to optional redemption prior to maturity at the option of the District on July 1, 2019, and on any date thereafter, on thirty (30) days’ notice, in whole or in part, in any order of maturity selected by the District and by lot within a maturity, at face value and without premium, plus, in each case, accrued interest to the date fixed for redemption.
Official notice of any redemption will be given by the Registrar on behalf of the District identifying the 2011 Bonds called for redemption. Notice of redemption shall be mailed by first-class mail or by registered or certified mail to the address of each registered owner of a Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2011 Bonds redeemed. However, failure to give such notice by mailing, or any defect therein, with respect to any 2011 Bond shall not affect the validity of any proceedings for the redemption of any other 2011 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2011 Bonds called for redemption. The place of redemption may be determined by the Treasurer. Interest on the 2011 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named. In connection with the payment of the redemption price, the 2011 Bonds so called for redemption must be surrendered for cancellation.
INTEREST RATES. Each bid must be for all of the 2011 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 2011 Bonds bearing each rate. All 2011 Bonds maturing on the same date shall bear the same rate of interest and the interest rate bid on any maturity of 2011 Bonds shall be equal to or greater than the interest rate bid on any and all prior maturities of 2011 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 99.5% of the par value of the 2011 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 2011 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. Each of the bids for the 2011 Bonds shall (i) be sealed in an envelope marked “Bid for Lafayette Township Fire Protection District General Obligation Bonds of 2011,” (ii) must be on the form approved by the District, without additions, alterations or erasures, which form may be obtained from the District’s Financial Advisor at the address set forth herein; and (iii) delivered to the Financial Advisor on behalf of the District as required hereinabove.
AMENDMENTS. The District reserves the right to amend any information contained in this Notice of Bond Sale. The District also reserves the right to postpone, from time to time, the date established for the receipt of bids on the 2011 Bonds. Any such amendment or postponement will be announced via TM3 and/or Bloomberg wire service, at any time prior to the date and time established for the auction. If any date fixed for the auction is postponed, any alternative sale date will be announced at least 24 hours prior to such alternative sale date. 
BASIS FOR AWARD. The sale of the 2011 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 2011 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 Nineteen Thousand Nine Hundred Ninety-Five and 00/100 Dollars ($19,995.00) (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 “Lafayette Township 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 2011 Bonds. No interest will be allowed on any checks. If the 2011 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 2011 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 2011 Bonds in Federal Reserve or other immediately available funds and accept delivery of the 2011 Bonds within five (5) days after being notified that the 2011 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 2011 Bonds. The 2011 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 2011 Bonds, a certificate in form satisfactory to the District regarding the price at which a substantial amount of 2011 Bonds of each maturity was re-offered to the public, if applicableI is anticipated that CUSIP identification numbers will be printed on the 2011 Bonds, but neither the failure to print such numbers on any 2011 Bonds nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder to accept delivery of and pay for the 2011 Bonds in accordance with the terms of its bid. No CUSIP identification number shall be deemed to be a part of any 2011 Bond or the contract evidenced thereby and no liability shall hereafter attach to the District or any of its officers or agents because of or on account of such numbers. All expenses in relation to the printing or typing of CUSIP numbers on the 2011 Bonds shall be paid by the District; provided, however, it shall be responsibility of the successful bidder to timely obtain the numbers and to pay the CUSIP Service Bureau charge for the assignment of the numbers. The successful bidder will also be responsible for any other fees or expenses it incurs in connection with the resale of the 2011 Bonds.
AUTHORITY, PURPOSE AND SOURCE OF SECURITY. The 2011 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 renovation and equipping of the fire station, (2) the purchase of a new fire engine, pumper truck and three command vehicles, (3) the purchase of fire equipment, including but not limited to a fire hose, rescue equipment upgrades and communication upgrades and (4) 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 2011 Bonds.The principal of and interest on the 2011 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 2011 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 2011 Bonds, the approving opinion of Barnes & Thornburg LLP, Indianapolis, Indiana, bond counsel, as to the validity of the 2011 Bonds, together with a transcript of bond proceedings, the printed 2011 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 2011 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 2011 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 Bonds. The purchaser of the 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. 
Dated this 2nd day of May, 2011.