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OFFICIAL NOTICE OF BOND SALE
$1,999,500
LAFAYETTE TOWNSHIP FIRE PROTECTION DISTRICT (FLOYD COUNTY, INDIANA)
GENERAL OBLIGATION BONDS, SERIES 2011
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), Jim.Higgins@lwgcpa.com (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 SCHEDULE
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.
LAFAYETTE TOWNSHIP FIRE PROTECTION DISTRICT