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HomeMy WebLinkAboutBond Anticipation Notes 2012 Part 1INDEX OF TRANSCRIPT $4,000,000 CITY OF JEFFERSONVILLE, INDIANA BOND ANTICIPATION NOTES OF 2012 CLOSING: NOVEMBER 7, 2012 1. Minutes of Common Council meetings. 2. Bond Ordinance. 3. Proofs of Publication of Notice of Public Hearings on Additional Appropriation. 4. Appropriation Ordinances. 5. Evidence of Action of Clark County Council imposing EDIT. 6. Capital Improvement Plan, as amended; Executive Order of Mayor amending Capital Improvement Plan. 7. Note Purchase Agreement. 8. Certificate of City Re: Arbitrage and Federal Tax Matters. 9. Certificate Re: Sale of Notes. 10. General Certificate of City. 11. Certificate of City Attorney. 12. Signature and No Litigation Certificate. 13. Certificate of County Auditor. 14. Certificate of Delivery and Payment. 15. Specimen Note. 16. Receipt for Notes. 17. Investment Letter. 18. IRS Form 8038 -G and 'Fransmittal Letter. 19. Opinion of Ice Miller LLP. I/2984960.1 20. Post - Issuance Compliance Guidelines. I/2984960.1 -2- COUNCIL PROCEEDING OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 4, 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00, on Monday September 4, 2012. Council Vice - President Connie Sellers, with Vicki Conlin, City Clerk at desk, called the meeting to order at 7:00 P.M. Council Vice - President Connie Sellers welcomed all in attendance, asking those in attendance to stand as Councilperson Samuel gave the invocation. Council Vice - President Sellers then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Smith, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson Owen, Councilperson Samuel, and Council Vice - President Sellers. Absent was Councilperson Payne, Council President Zastawny. APPROVAL OF THE AGENDA: Councilperson Julius requested that Item 2, Kathy Eaton McKalip with INDOT removed, Councilperson Samuel requested addition to the Agenda under New Business Item 2, 2012 -OR -37 An Ordinance of Additional Appropriation of LOIT- Public Safety Funds. Councilperson Glover made the motion to APPROVE the Agenda with the removal and addition of Item 2, seconded by Councilperson Gill, passing on a vote of 7 -0. MINUTES TO BE APPROVED: Councilperson Gill made the motion to APPROVE the minutes of the Council Workshop Proceedings of August 20, 2012 Police Headquarters, seconded by Councilperson Samuel passing on a vote of 7 -0. Councilperson Gill made the motion to APPROVE the minutes of the Council Workshop Proceedings of August 20, 2012 Human Resources, seconded by Councilperson Glover, passing on a vote of 7 -0. Councilperson Gill made the motion to APPROVE the minutes of the Council Regular Proceedings of August 20, 2012, seconded by Councilperson Samuel, passing on a vote of 7 -0. CLAIMS TO BE APPROVED: City Controller Monica Harmon presented the Parks Department Claims list of $80,783.60. Councilperson Smith questions the claims on Page 4 ACL Transportation same invoice number, same date one was for $5,321.03 and other $5,000.00. Ms. Harmon stated it is possible the same invoice broken out into two separate claims, will look into and if okay will proceed to pay, will notify the council if there is any questions or duplications and will pull from the claims. Councilperson Samuel questioned the two individuals on Page 4 and 5 that have an hourly rate, Ms. Harmon will consult with the Parks Department Director on this issue. Councilperson Gill raised the question regarding the payment of the individuals being out of the Mayor's Fitness from money approved from the Gaming Fund. Ms. Harmon stated that 265 Riverstage is paid out of the Gaming Fund and the posting for the Parks Department is not done by her department but the Parks Department. Councilperson Gill made the motion to APPROVE the claims of $80,783.60 contingent on Ms. Harmon to check on the ACL claim and reposting A 1 I to the Mayor's Fitness Program out of Gaming Fund, seconded by Councilperson Glover, passing on a x vote of 7 -0. 1 j Controller Harmon presented the General Claim List of $1,871,635.38 with a hand carried claim of $9,775.00 from the Police Department relates out of the JAG Grant 100% payment out of the JAG Grant, making the Total $1,881,410.38. Councilperson Julius made the motion to APPROVE the claims of $1,881,410.38, seconded by Councilperson Gill, passing on a vote of 7 -0. Ms. Harmon explained Councilperson Samuel had previously questioned the physicals for the firefighters that were hired, these were posted to the incorrect account and Ms. Harmon noted in the e -mail these were previously paid out of the Fire Pension Fund, she has since determined are not eligible and not budgeted for and possibly going to have to deal with this as a budget item forward and suggest taking out of Merit Commission and HR and budget shortfall will deal with near the end of the year. Controller Harmon presented the T.I.F. Claim List of $174,452.96 with a hand carried claim of $15,000.00 restaurant loan forgivable loan total $189,452.96. The $15,000.00 will be coming out of the Inter City Road T.I.F. Councilperson Glover made the motion to APPROVE the claims of $189,452.96, seconded by Councilperson Samuel, passing on a vote of 6 -0 with Councilperson Julius abstaining. MAYOR REPORT: None at this time. REPORT OF THE CLERK: Vicki Conlin, City Clerk reported that Candy Stewart had started this date as Administrative Assistant to the Council and acclimating to the office. Ms. Conlin also stated in the Council Packet a copy of letter received from FEMA regarding the new FEMA maps, the maps are presently in the Clerk's Office for viewing. DEPARTMENT HEAD REPORTS: Corporate Counsel Tom Lowe welcomed Ms. Stewart back to the City Hall. Mr. Lowe reported a meeting held today with the Indiana Department of Homeland Security and discussed the District Taskforce Program. City of Jeffersonville and Clark County are in District 9, Fire Chief Eric Hedrick is Commander of District 9, and 12 counties make up District 9. Have the Proposed Mutual Aid Agreement for District, which is the same throughout the state. A meeting is set up tomorrow and in • hopes the Council was notified, to be held at the Town of Clarksville Fire Headquarters with General Counsel Indiana Homeland Security at 10:00 A.M. Discussion will be in regards reimbursements I requirements and Mr. Lowe to ask the question about the District Mutual Aid Agreement and would like to see the City of Jeffersonville take the lead for Clark and get the districts to sign onto the Agreement send to the Attorney General to sign off. Mr. Lowe announced that he is working on an inter -local agreement with the animal shelter since the current one is expired by three years. Mr. Lowe stated it is very outdated and will welcome any input from the council. Councilperson Samuel asked if any other municipalities have expressed interest or is it just the city of Jeffersonville pushing. Mr. Lowe stated that he believes it is just Jeffersonville pushing for this update, especially since the shelter became a No Kill. Mr. Lowe stated that as a city we should think of recourse action if other municipalities refuse to participate. Councilperson Samuel agreed that a timeline and decision should be set up of what to do if other municipalities do not agree. Mr. Lowe also informed the board that there is a meeting Wednesday at 10 A.M. to gather information regarding 911. 2 Online Copy From City fJeff.n i s City Clerk i Y I 1 i I I Old Business: i 1.) Tom Lowe 2012- OR -36: An Ordinance regulating Door -to -Door Solicitation, Peddling, and p Transient Merchants (Repealing 2011- OR -20): Mr. Lowe presented 2012 -OR -36 to be passed on a second reading with revisions anticipated before the third and final reading. Mr. Lowe asked the council for some input on revisions to be communicated to him before the next meeting so that he can have a final ordinance to present then. Councilperson Glover made a motion to PASS 2012 -OR -36 on a Second Reading, with Councilperson Gill seconding, passing on a vote of 7-0. (Passed on Second Reading) i 2.) Scott Lewis 2012 -R -12 Veto Override. A Resolution Implementing a Change in Capital Expenditures Purchases for Remaining Calendar Year of 2012 Until Further Approval by The Common Council: Mr. Lewis presented a veto override for 2012 -R -12 due the lack of signature from the Mayor. Mr. Lewis stated that although the mayor did not officially veto, however a lack of signature still requires a veto override. Mr. Lowe stated that the mayor did not sign due to particular language in the resolution. Councilperson Owen made a motion to PASS, with Councilperson Julius seconding, passing on a vote of7 -0. New Business: 1.) Tim Carman- Account Manager Channel 9 WNDA -TV: Mr. Carman came before the council to make them aware that they are here and would love to see a partnership to help advertise local business among the city of Jeffersonville. Mr. Carman introduced a business spotlight initiative that makes advertising affordable for local business through partnership with the city and channel 9. 2.) Nathan Samuel /Scott Lewis - 2012- OR -37- LOIT Public Fund Appropriation: Councilperson Samuel wanted to make the council aware that they will need to set aside money to be able to pay the attorney for negotiation. Mr. Lewis stated that tonight they will introduce the appropriation and assign it an ordinance number and then do a public notice before the final reading. Councilperson Samuel made a motion to PASS 2012 -OR -37 on a First Reading, with Councilperson Julius seconding, passing on a vote of 7 -0. (Passed on First Reading) 4 3.) Scott Lewis 2012- OR -38- An Ordinance Authorizing the Issuance and Sale of Bonds of the City for the Purpose of Providing Funds to be Applied on the Cost of Park Improvements at Vissing Park, other Matters Connected therewith, including the Issuance of Notes in Anticipation of Bonds, Together with the Incidental Expenses in Connection therewith and On Account of the Issuance of Bonds and Bond Anticipation Notes Therefore: Mr. Lewis introduced 2012 -OR -38 that pledges funds from EDIT for a bond anticipation notes not to exceed 3.5 million. The bonds are a 5 year pay off and will only draw what the city needs. Councilperson Samuel made a motion to PASS 2012 -OR -38 on the First Reading with Councilperson Smith seconding, passing on a vote of 7 -0. (Passed on First Reading) • 4.) Scott Lewis - 2012- OR -39- Appropriation Ordinance: Mr. Lewis presented the appropriation ordinance that connects with 2012 -OR -38 that is to appropriate an amount that is not to exceed 3.5 million dollars. Mr. Lewis respectfully asked for a passing on a first reading only. Councilperson Smith made a motion to PASS 2012 -OR -39 on a First Reading, with Councilperson Julius seconding, passing on a vote of 7 -0. (Passed on First Reading) 3 Online Copy From City Lleff.net _ City Clerk i 5) Tom Lowe- 2012 -OR -40 An Ordinance Changing the Zoning Map Designation of a Certain Track of Property Located at Corner of Hamburg Pike and Augusta Drive from R1 to M1. Corporate Counsel Lowe, Introduced Ordinance 2012 -OR -40 and requested the Public Hearing be commenced. Council Vice - President Sellers opened the Public Hearing at 8:00 P.M. asking if any persons in the audience wanted to speak regarding 2012- OR -40. Marty Chalfant, 2304 St. Andrews Road, Jeffersonville, Indiana, tendered to the Council an aerial view of the area, letter from the f Golfview Homeowners Association opposing the rezoning, letter from Jeffersonville Elks Lodge and Country Club opposing the zoning, petition from property owners opposing, a copy of the "Jeffersonville Comprehensive Plan ". Mr. Chalfant spoke in regards to the information handed out and requested the Council to consider the Plan Commissions unfavorable recommendations. Council Vice - President Sellers closed the Public Hearing at 8:06 P.M. Councilperson Smith made the motion to DENY 2012- OR -40, seconded by Councilperson Julius. Councilperson Smith requested the motion RESCINDED, Councilperson Julius requested his seconded RESCINDED. Council Vice - President Sellers asked the question if she had a Motion in regards to 2012- OR -40. 2012 -OR -40 FAILED FOR LACK OF MOTION. 6) Tom Lowe- 2012 -OR -41 An Ordinance Channing the Zoning Map designation of A Certain Tract of Property Located at 2218 E. 10 Street from C2 to IS. Corporate Counsel Lowe, Introduced Ordinance 2012 -OR -41 and requested the Public Hearing be commenced. Council Vice - President Sellers opened the Public Hearing at 8:11 P.M., asking if any persons in the audience wanted to speak regarding 2012- OR -41, no response meeting Public Hearing closed at 8:12 P.M. Councilperson Owen made the motion to PASS 2012- OR -41, seconded by Councilperson Gill, passing on a vote of 7 -0. 7) Monica Harmon — 2012 -OR -42 An Ordinance Amending Ordinance 2011- OR -53. An Ordinance of Appropriation of Local Controlled Funds. Controller Harmon stated the first four items relate to additional revenue and /or previous balances that were not appropriated and departments respectfully are asking for additional appropriations to be used for operating expenses. Currently showing Edit Transfer but recommending draw on an existing appropriation, the request is from the Parks Department, sound system on the Riverstage was sold to the Clark /Floyd Tourism Bureau and the proceeds from the sale was $23,000.00, and would like to take these funds apply to the remaining cost of the Riverstage. Ms. Harmon stated there is an Existing line within Edit under Reserve in the Council and suggested to take the $23,000.00 out of this line item and the likely hood not all will be spent all that is in there. Ms. Harmon recommended passing on the first four items and denying the last item. Councilperson Julius made the motion to PASS 2012 -OR -42 the first four items and denying the EDIT Transfer, seconded I by Councilperson Samuel, passing on a vote of 7 -0. (Passed on First Reading) 8) Monica Harmon — 2012 -OR -43 An Ordinance Which Amends 2012 -OR -27 Which Amends 2012 -OR- 16 Which Amends 2011 -OR -51 Fixing the Salaries of Appointed Officers and Employees for all Departments of the City of Jeffersonville, Clark County Indiana for the Year 2012. Controller Harmon stated this is to amend the present salary ordinance and to include the grade assignment of the Public Safety Training and Support Services Coordinator to a Pay Grade or 10. This budget item is at 60% that the council agreed to pay at the workshop would be at $36,000. Ms. Harmon recommended council passing the ordinance on First Reading and will forward the job description to the council when received. Councilperson Glover stated that his recollection of the 4 Online Copy From City0Lleffnet - City Clerk i I 1 I workshop was this person was to strictly be under contract with no benefits and asked the question a 1 why issues a pay grade not legally a city employee. Ms. Harmon stated this person would be below j the 30 hrs. in addition, will only be working 24 hrs. per pay weeks. If a full time position would be paid full time salary but this person is only working 60 %. Councilperson Julius stated under contract x the city is not obligated to pay Workman's Comp. Ms. Harmon replied we are not creating a contract we are making this person an employee position part time and pay the Workman's Comp because of exposure. Ms. Harmon pointed out the next highlighted item to the council in Waste Water position approved by the Sewer Board to be downgraded from a Grade 10 to Grade 9 and job description re- issued and last change Redevelopment Stenographer Fee is recommended being raised to $100.00 by the Redevelopment Commission. Councilperson Samuel made the motion to PASS 2012 -OR -44 in ) the First Reading with the removal of Public Safety Coordination in Police and Fire, seconded by Councilperson Owen passing on a vote of 6 -1 with Councilperson Smith voting Nay. (Passed on First Reading) 9.) Monica Harmon 2012 OR - 44 - An Ordinance Transferring Certain Funds within the Same Department: Mrs. Harmon presented 2012 -OR -44 for approval on a first reading to transfer funds within the Fire Department. Councilperson Sellers asked where the excess money is coming from in the Fire Department's 100 series and Mrs. Harmon answered that she believes it is due to an individual who has decided not to retire and it has left the department with some excess money. Councilperson Samuel asked what contract services means where the amount of $15,500 is being transferred into from Accrued benefits in the 100 series. Mrs. Harmon stated she was unsure at the time. Councilperson Sellers asked if the contract services description in the ordinance has to do with Mr. Hensley and she stated it does not. Councilperson Owen made a motion to PASS 2012 -OR -44 on the first reading, with Councilperson Julius seconding, passing on a vote of 7 -0. 10.) Monica Harmon 2012 - R - 13 - A Resolution to Give Notice of Proposed Additional Appropriation in the 2012 Budget: Mrs. Harmon asked for approval of 2012 -R -13 to give notice of additional appropriations to be funded from additional revenues collected, but not budgeted. The council questioned why there is additional appropriation for the economic development department after the council cut those amounts out. Mrs. Harmon stated that there is an Economic Development department just not a department head, but services still being paid out of the department. 1 Councilperson Julius asked what employees are being paid out of Economic Development and Mrs. Harmon responded that there is not staff being paid out of Economic Development and that those services are now being done by Redevelopment and the Mayor's staff. Councilperson Julius made a motion to PASS 2012 -R -13 contingent upon removing the last five lines containing the Economic Development Department costs, with Councilperson Owen seconding, p p p g, passing on a vote of 7 -0. i C. Reports and Comments: I 1.) Public Comment: a l 1 5 1 I 1 5 Online Copy From Ci OfJeff.net - City Clerk j li 4 I i 1 i a" 2.) Council Comments: Councilperson Smith: There is a finance meeting this Friday at 10 A.M. and it was advertised so anyone is welcome to attend. There is also a meeting Wednesday at 10 A.M. about the 911 central alarms to y. formulate a plan. October 1 2012 at 6:00 P.M. will be the council photo before the meeting at 7:00 a P.M. ► Councilperson Gill: Requests that the City Clerk's Office gets all Verizon bills and that they Clerk's office look into the bills and late fees to assess why the charges have been so high. Mrs. Harmon agreed as well as City Clerk Vicki Conlin. Councilperson Sellers: None I Councilperson Glover: None Councilperson Julius: Gray and Wells Body Shop is having their open house September 8 2012 from 4:30 P.M. -9:00 P.M. with a ribbon cutting at 5:00 P.M. with a band and food to bring people in to showcase the new building. River Breeze is also this weekend and would love to see everyone out. i Councilperson Julius stated that he has received many calls about the 10 street pump station odor, he spoke to Mr. Ashack, and they are tweaking some things to fix that. Councilperson Julius also asked why there was a tax bill on Perrin Park in May that he believes should be exempt, but would like to look into that with Mrs. Harmon. In addition, councilperson Julius stated that he has some concerns about bonding too much money now and not being able to face a big project in the next 3 -4 years. Councilperson Smith asked if the council should draft up a letter to redevelopment commission to address their concerns. Councilperson Julius stated that he would try to come up with something before I the next meeting to possibly recommend sending to Redevelopment. Councilperson Owen: none i Councilperson Samuel: none S 1 i Councilperson Owen made a motion to ADJOURN at 8:51 P.M., with Councilperson Gill seconding, 1 passing unanimously. i I AP' � • VED BY: s • ., i 1 EDWARD ZAS • 1 NY, PRESID T i , 4 i A E TE D BY: f .0 / 1 2.46( 1 VICKI CONLIN, CITY CLERK i f i j 6 i Online Copy From CityOfJeff.net - City Clerk I i COUNCIL PROCEEDING OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 17, 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00, on Monday September 17 2012. Council President Ed Zastawny, with Erica Burress, Deputy Clerk at desk, called the meeting to order at 7:05 P.M. Council President Ed Zastawny welcomed all in attendance, asking those in attendance to stand as Councilperson Samuel gave the invocation. Council President Zastawny then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Smith, Councilperson Payne, Council Vice - President Sellers, Councilperson Gill, Councilperson Glover, Counciiperson Julius, Councilperson President Zastawny, Councilperson Owen, and Councilperson Samuel. APPROVAL OF THE AGENDA: Councilperson Samuel requested that Sandy Knott from the Parks Advisory Board be added to new business under number 2 as letter a.). Councilperson Samuel made a motion to APPROVE the Agenda with the addition of Sandy Knott under new business, seconded by Councilperson Julius, PASSING on a vote of 9 -0. MINUTES TO BE APPROVED: Councilperson Gill made the motion to APPROVE the minutes of the Council regular proceedings on September 4 2012, with councilperson Sellers seconding, PASSING on a vote of 9 -0. CLAIMS TO BE APPROVED: General Claims: Controller Monica Harmon presented the general claims list in the amount of $400,366.25 requesting approval by the council. Councilperson Samuel questioned why the amount was high for sewage station 1 and Mrs. Harmon responded that it was due to a water leak problem that had been addressed. Councilperson Samuel also questioned what the Time Warner claim was under gaming revenue and Mrs. Harmon responded she believed it had to do with the video at the Anchors' Away program. Counciiperson Samuel questioned the amount of $58,565.00 for the mobile tough books under the Police Technology Grant. Mrs. Harmon stated she was unsure and could respond at a later time stating that some may have needed to be replaced, but she advised pulling the claim completely due to time constraints with grant money. Councilperson Samuel questioned the SWAT uniforms that came out of LOIT and asked why they were taken out of LOIT and not the Non - Reverting Fund. Mrs. Harmon stated she did not know and that she could pull it and takes it out of the N.R. Councilperson Gill made a clarification that the Blue Teal Drive claim for $15821.27 was not for just that location but for many different lights. Councilperson Owen questioned what the travel claim was in reference to under the Mayor's fund. Mrs. Harmon stated she was unsure and would have to get back to them with more details at a later time. Councilperson Samuel made a motion to APPROVE the General Claims list with the removal of the two SWAT claims under LOIT totaling $6,746.41 and contingent upon more information regarding the mobile tough books in the Police Technology Grant fund and more } Online Copy From City0Lleffnet - City Clerk 1 information regarding the travel claim in the Mayor's fund. Councilperson Owen seconding, PASSING on a vote of 9 -0. 1 TIF Claims: Mrs. Harmon presented the TIF claims to the council for approval including a hand carried claim in the amount of $13,000 that Redevelopment recently approved. The total amount to be approved in TIF claims is $100,710.22. Councilperson Julius made a motion to APPROVE the TIF claims i s �n the amount of $100,710.22, with Councilperson Payne seconding, PASSING on a vote of 9 -0. MAYOR REPORT: None at this time. REPORT OF THE CLERK: None at this time DEPARTMENT HEAD REPORTS: Administrative Assistant Becky Snelling representing City Engineer Andy Crouch addressed the board to request preliminary approval for the capital expenditure of replacing a van. Mrs. Snelling stated there is $25,000 in the budget and the bid is for 21,652. Mrs. Snelling stated that they would like to use the remaining $3,200 to purchase lights and safety equipment for the vehicle. Councilperson Owen made a motion to APPROVE the purchase not to exceed $25,000, with Councilperson Gill seconding PASSING on a vote of 9 -0. A. UNFINISHED BUSINESS: 1.) Tom Lowe 2012- OR -36: An Ordinance Regulation Door -To -Door Solicitation, Peddling, and Transient Merchants (Repealing 2011- OR -70): Mr. Lowe reintroduced the amended Ordinance referencing page 2, paragraph 7, section 1, stating an organization who is exempt from the state gross retail tax under I.C. 6- 2.5 -5 -26 such as churches and private and public schools in Clark or Floyd County, Indiana, is eliminated from having to go through the licensing process. It does, however, state on page 4, Section 8, that a person or organization is required to provide evidence that they are exempt from the license. Councilperson Samuel requested that the city have some way to notify the citizens of this new ordinance through possibly the website. Corporate Counsel Tom Lowe stated that there could be notice to the public of their rights through the website and list under businesses of the new requirements for door -to -door sales. Mr. Lowe emphasized that any citizen who does not want solicitors knocking on their door can simply take or hang a sign on their door that states no soliciting. Councilperson Owen made a motion to PASS 2012 -OR -36 on the Third and Final Reading, with Councilperson Gill seconding, passing on a vote of 8 -1 with Councilperson Payne voting Nay. 2.) Scott Lewis 2012- OR -37- An Ordinance of Additional Appropriation of LOIT Public Safety Funds: City Council Attorney Scott Lewis requested the approval of 2012- OR -37 on a second reading, stating that the additional appropriation is to pay for the attorney fees for the fire and police negotiations. Mr. Lewis stated that only a second reading is required due to the appropriation needing to be posted in the newspaper for 10 days and will be ready for a final reading at the Oct 1 2012 council meeting. Councilperson Samuel made a motion to PASS 2012 -OR -37 on Second Reading, with councilperson Owen seconding, passing on a vote of 9 -0. 1 j F 7 K I Online Copy From City0Lleffnet - City Clerk ' Noll 3.) Scott Lewis 2012- OR -38- An Ordinance authorizing the issuance and sale of bonds of the city for the purpose of providing funds to be applied on the cost of park improvements at Vissing Park, other matters connected therewith, including the issuance of notes in anticipation of bonds, together with incidental expenses in connection therewith and on account of the issuance of bonds and bond anticipation notes therefore: Mr. Lewis requested council approval of 2012 -OR -38 on a second reading for the issuance of bonds and bond anticipation notes for the payment of Vissing Park with a not to exceed amount of $3,500,00. Mr. Lewis stated this is only needed on a second reading due to the requirement to give notice for the appropriation. Councilperson Gill made a motion to PASS 2012 -OR -38 on a Second Reading, with counciiperson Owen seconding, passing on a vote of 9 -0. 4.) Scott Lewis 2012- OR -39- Appropriation Ordinance ( "BANs "): Mr. Lewis presented 2012 -OR -39 to , the council for a seconding reading stating that this ordinance was the appropriation in conjunction with 2012 -OR -38 and is not to exceed $3,500,000. Councilperson Owen made a motion to PASS 2012 -OR -39 on a Second Reading, with Councilperson Julius seconding, passing on a vote of 9 -0. 5.) Monica Harmon 2012- OR -42- An Ordinance Amending 2011 -OR -53 of appropriation of local controlled funds: Mrs. Harmon presented 2012 -OR -42 for council approval on the 2" and 3rd reading. Mrs. Harmon stated this ordinance is for additional appropriation of local funds into the continuing education N /R, Vehicle N /R, and Federal Forfeiture N /R. Councilperson Gill made a motion to PASS 2012 -OR -42 on the Second and Third Reading, with Councilperson Sellers seconding, passing on a vote of 9 -0. 6.) Monica Harmon 2012- OR -43- Ordinance amending 2012 -OR -27 fixing the salaries of appointed officers and employees for all departments of the City of Jeffersonville for the year of 2012: Mrs. Harmon presented 2012 -OR -43 to the council stating that the part-time safety person has been removed from Fire and Police and the stenography stipend for the Redevelopment secretary was increased. The council questioned who the service officer under City Council is and Mrs. Harmon stated that it is someone who has a service agreement between the city and the county and works part -time in aiding veterans. Councilperson Samuel made a motion to PASS 2012 -OR -43 on a Second and Third Reading, with Councilperson Payne seconding, passing on a vote of 9 -0. 7.) Monica Harmon 2012- OR -44- Ordinance transferring certain funds with the same department: Mrs. Harmon stated that there were no changes to this ordinance and respectfully requested council approval. Councilperson Smith asked if the contract services line of the ordinance had to do with the part time person in question at the last council meeting. Mrs. Harmon stated that as she stated at the last meeting it does not have anything to do with that particular person. Councilperson Samuel made a motion to PASS 2012 -OR -44 on a Second Reading with a request that Mrs. Harmon identify what the contract services are for. Councilperson Gill seconded the motion, passing on a vote of 9 -0. 1 f 1 Online Copy From City0 Lleftnet - City Clerk I i i. ti f { h t J k 1 B. NEW BUSINESS: 1.) Mario Vian- 2012 -R -14- Endorsement of USBR #35 through Jeffersonville Mr. Vian representing the not - for - profit Hoosier Rails -to- Trails Council in Indianapolis requested the Council endorse the United States bicycle route #35 through the City of Jeffersonville which g oes to Louisville, KY. If approved, this bike route will be published on an international website which could result in tourist dollars. Councilperson Sellers asked what route the bikes would take when they go through Jeffersonville. Mr. Vian described the route stating that they would enter the city through Clarksville, proceed to Riverside Drive, North on Pearl Street to Chestnut and then ending at the big four bridge ramp. Until the ramp is completed, and as a flood alternative, the route would come in South from Clark Blvd, to Market Street, right on Indiana Avenue and then left on the sidewalk which takes you to the Second Street Bridge. No construction is required for this project, but signage is required and provided by the Rails -to- Trails Council at no cost to the City. Councilperson Gill stated signage and its placement would have to be approved by the Board of Public Works. Mr. Vian agreed to go before Board of Public Works when placing the signage on the trail. Councilperson Owen made the motion to PASS 2012 -R -14, seconded by Councilperson Payne, passing on a vote of 9 -0. 2.) Josh Rodriguez — National Night Out: Mr. Rodriquez with JNLA reported to the Council on the City of Jeffersonville's recent National Night Out. Mr. Rodriquez called the event very successful with twenty -two neighborhoods and just under 2000 people participating. JNLA is enrolling in a "365 Project" and will be focusing on block watch training. He anticipates receiving some grant money to pay for the training and will be working alongside Councilperson Gill on this project. A copy of the NNO Report was given to the Council for reference. 3.) Sandy Knott — Overgrown Weed Problem in Jeffersonville: Ms. Knott shared photos with the Council of overgrown weeds and unsightly /neglected areas and properties around the City of Jeffersonville. She stated that she addressed these areas with the Council last year, the Parks Authority, and the Parks Board. Councilperson Glover noted that one of the major issues in the overgrown weed problem is maintaining the areas and knowing who is actually designated to be in charge of getting the work done. Council President Zastawny suggested getting all the departments in the City together to try and work out a solution. Corporation Counsel Tom Lowe recommended this issue be brought before the weekly Board of Public Works meetings where the Mayor and all department heads will be available to address these concerns. Councilperson Gill volunteered to provide Ms. Knott's photos to the Code Enforcement Office in order to determine what areas they may have authority in which to take action. 4.) Len Ashack — 2012- OR -45: Authorizing the Issuance of Sewage Works Revenue Bonds City Attorney Scott Lewis introduced 2012 -OR -45 with the recommendation of passing on a first reading due to anticipated amendments to the series and phases of the projects. He then introduced WWTP Director Len Ashack to discuss the ordinance as well as two handouts regarding the financial status of the department. Len Ashack presented the City Council an update on the current financial status of the Wastewater (Sewage) Department with regard to the bonds /SRF loans. The current bond ordinance 2011 -0R -5 allowed for up to $68.25 million in bonds to be issued. The current amount of unobligated capacity of the ordinance is $5.18 million. He reviewed the current status of each of the projects that were included in the SRF loans and Build America Bonds (BAB). In regard to the BAB which included the new sewers to the areas included in the annexation is at least $600,000 above the engineer's estimate which does not include the Utica Pike Online Copy From Ci y fJef ".nef - City Clerk `rr sewer project. The SRF loan for the improvements to the downtown wastewater plant, the Tenth Street Pump Station and Force Main, and the new Effluent Sewer to Mill Creek may have a surplus of funds but in order to use those funds, the City would have to submit a revised Preliminary Engineering Report (PER) to the Indiana Finance Agency to utilize the remaining funds on other wastewater projects. The last SRF loan is for the construction of the new wastewater plant in River Ridge which will serve both River Ridge and the area north and east of State Road 265, the newly annexed area. The Sewer Board is asking for the additional $50.0 million in additional bonding capacity for the following Project. The construction of the Lentzier Creek lift station, force main, and gravity interceptor and the relocation of the force main from the Liter's lift station. The original estimated cost for those projects was $4.65 million; the latest cost for those projects is $11.37 million or an additional $6.72 million. As mentioned before, in Ordinance 2011 -OR -5 only has $5.18 million left. These projects are needed so that the North wastewater treatment plant can operate with the wastewater flow from the areas previously mentioned. In addition, the additional bonding capacity includes the new interceptor along the river, whether it is on Market St. or Chestnut St., the route has not been finalized. He also stated that the construction of the conveyance sewer from Market /Chestnut St. to the newly improved Tenth St. Pump Station. Depending on the bond /SRF interest rates the current sewer use rates through the 2015 increases may provide the revenue to bond an additional $40 to $42 million based on the City's financial consultant. Councilperson Julius questioned what was being done as far as the sewer billing we are not collecting and that shortfall. Mr. Ashack stated that the Department has been spending a lot of time and effort reviewing the sewer billing system to make sure that all of the residences and businesses that are connected to the sewer system are getting a sewer bill reflective of their sewer use. This effort also helps the drainage in that if the facility does not get a sewer bill then, in all likelihood would not get a drainage bill. Councilperson Julius asked about the software that will allow Mr. Ashack and Mrs. Harmon to communicate between systems as well as with the building permits. Mr. Ashack pointed out that at this moment they do not know of all the new buildings to be able to bill and the requirement for the communication was included in the recent RFP. Mrs. Harmon stated that bids should be back by September 26 and it is a several week long process. Councilperson Smith made a motion to PASS 2012 -OR -25 on a First Reading, seconded by Councilperson Julius, passing on a vote of 9 -0. 5.) Monica Harmon — 2012 - R - 15: Resolution to Give Notice of Proposed Additional Appropriation in 2012 Budget: City Controller Monica Harmon is requesting Council approval of 2012 -R -15 to give notice of proposed additional appropriation in the 2012 budget. Councilperson Owen made a motion to PASS 2012 -R -15 with Councilperson Sellers seconding, passing on a vote of 9 -0. C. REPORTS AND COMMENTS: 1.) PUBLIC COMMENTS: None 2.) Council Comments: Councilperson Smith: Spoke to Mrs. Schultz about bringing the ice skating rink back again this year due to the success last year and wanted to make everyone aware that is being taken care of. Saturday October 6 2012 is the Blast from the Past celebration at the Nachand Field House from 6 P.M. to 10 P.M. and flyers will be going out soon. Councilperson Smith also stated that it might be helpful if there was a way to put a condensed version of some of the big ordinances passed, like the new door -to -door solicitation in the city newsletters to make people aware of what is being approved. Online Copy From City0fJeftnet m City Clerk i v 1 d t i Councilperson Gill: Wanted to make everyone aware that Anne Langley with the Police Department will be notifying her when permits are issued for door -to -door solicitation so that she can pass that information on to the neighborhood associations so that the information is out in the community regarding who is permitted and who is not. Councilperson Sellers: None Councilperson Payne: None Councilperson Glover: None Councilperson Julius: Stated that at the last meeting he told everyone he would have a spreadsheet of the city bonds and Mrs. Harmon is helping with that and it should be available by the next council meeting. Councilperson Julius also made a motion for the council to send a letter to bond council requesting clarification on language, bond descriptions, and statuses. Councilperson Samuel seconded the motion and Council President Zastawny requested a roll call vote. Yay Nay Councilperson Smith Ya Councilperson Payne Yay Council Vice - President Sellers Yay Councilperson Gill Yay Councilperson Glover Yay Council President Zastawny Yay Councilperson Julius Yay Councilperson Owen Yay Councilperson Samuel Yay Councilperson Owen: none i Councilperson Samuel: Councilperson Samuel acknowledged Walnut Ridge for the "major manpower" and time that they put into the River breeze event for the City of Jeffersonville for free. Councilperson Samuel stated that they receive negative press from time to time and it is important that they get acknowledgment and credit for the donations they do for the city. Councilperson Samuel announced that do to a family emergency with the facilitator of the homeless meeting scheduled for September 19 2012 that they will be rescheduling that for October and will notify everyone as soon as a postponed date is set. Councilperson Samuel also stated that the Public Arts Exploratory Committee continues to meet and will soon provides a full report. Councilperson Samuel also stated that although Mr. Ashack's report is full of complicated information, he appreciates his extensive knowledge and has complete confidence in him. Councilperson Samuel expressed concerns regarding downtown flooding and requested a joint public meeting with the sewer board to provide time to focus on what the city is going to do with these issues. Councilperson Smith suggested ggested possibly inviting the Redevelopment Commission to discuss a handful of issues regarding properties owned by Redevelopment that are vacant. City Attorney Scott Lewis stated that they would most likely want the consulting engineers on 1 hand at the meeting to help with details. Councilperson Gill suggested two separate joint meetings for Redevelopment and Sewer Board. The council agreed and asked Mr. Lewis to advertise a special joint I Online Copy From Cit OfJeff.net - City Clerk 4 1 meeting with the Sewer Board and the City Council for October 29 2012 at 6:00 contingent on the availability of the Sewer Board members. Council President Zastawny: Spoke as a representative of the Solid Waste Board stating that the billing will be changed to go through property taxes ultimately cutting back on facilitating expenses. Councilperson Zastawny also stated that there are Parks Authority Minutes that was never voted on after changes were made a few months ago and this needs to be done at the next Parks Meeting. Councilperson Owen made a motion to ADJOURN at 9:11 P.M., with Councilperson Gill seconding, passing unanimously. API1 ED BY: P/ / / 7 ;L all _ I EDWARD AST , NY, PRESI 0 ENT S TED BY: ,, ,(40 A VICKI CONLIN, CITY CLERK 1 • j 1 i Online Copy From City0Lleffnet s City Clerk i i COUNCIL PROCEEDING OF THE # COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA OCTOBER 1, 2012 i J The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday, October 1, 2012. s 3 Council President Ed Zastawny, with Vicki Conlin, City Clerk, called the meeting to order at 7:05pm. 1 Council President Ed Zastawny welcomed all in attendance, asking those in attendance to stand as Councilperson Matt Owen gave the invocation. Council President Zastawny then led all those present in the Pledge of Allegiance to the Flag. i 1 The roll call and those present were: Councilperson Smith, Councilperson Payne, Council Vice President Sellers, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson President Zastawny, Councilperson Owen, and Councilperson Samuel. 1 APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the Agenda, with Council Vice President Sellers seconding, PASSING on a vote of 9 -0. 1 r MINUTES TO BE APPROVED: Minutes from the Council Workshop, September 17, 2012: Councilperson Gill made a motion to APPROVE the minutes from the Council Workshop, with Councilperson Owen seconding, PASSING on a vote of 9 -0. Minutes from the Council Regular Proceedings, September 17, 2012: Councilperson Gill made a motion to APPROVE the minutes from the Council Regular Proceedings, with Councilperson Owen seconding, PASSING on a vote of 9 -0. CLAIMS TO BE APPROVED: Parks Claims: Controller Monica Harmon presented the Parks Claims list in the amount of $91,832.86 requesting approval from the council. Councilperson Dennis Julius made an inquiry on the status of the budget for the Anchors Away program held on the River Stage. Mrs. Harmon stated that expenses are taken out of Gaming and she will discuss this further with Special Events Coordinator Sara Schutz. Council President Ed Zastawny made a motion to APPROVE the Parks Claims in the amount of $91,832.86, with Councilperson Owen seconding, PASSING on a vote of 9 -0. General Claims: Controller Harmon presented the General claims list in the amount of $1,365,505.13 to the council for approval with the following changes: the Police Department requests the posting code be changed for the purchase of equipment and accessories to Police N/R fund 366006400. The Police Department also requests that two claims removed from LOIT at the previous council meeting be paid out of the Police N /R. They are: $5,583.20 to CMS Uniforms from fund 321006368, and $1,163.21 to A2° from fund 366006400. The total amount to be approved in General Claims is $1,372,251.54. Councilperson Gill 1 Online Copy From Cit OfJeff.net ® City Clerk 6 1 1 i F i i made a motion to APPROVE the General Claims as amended in the amount of $1,372,251.54, with I Councilperson Glover seconding, PASSING on a vote of 9 -0. k k ' TIF Claims: Controller Harmon presented the TIF claims to the council for approval in the amount of $270,041.50, with no changes. Councilperson Julius made a motion to APPROVE the TIF claims in the amount of $270,041.50, with Council Vice President Sellers seconding, PASSING on a vote of 9 -0. MAYOR REPORT: None at this time REPORT OF THE CLERK: City Clerk Vicki Conlin, reported to the council the Clerk's Office Proposal for the BIS Digital DCR Recording System and the cost of $5,996.70 to implement for the Council and Parks Authority with 2013 expanding the system for meetings on an implementation schedule. Presently Clerk's budget has around $14,000 in Stationary and Printing and to transferring the $5,996.70 to Computer Equipment line item. Clerk Conlin will bring before the Council at the next meeting an Ordinance to Transfer. Councilperson Smith made the motion to APPROVE the amount of $5,996.70 to come out of the Clerk's 1 I current fund, seconded by Councilperson Owen, passing on a vote of 9 -0. I Clerk Conlin spoke in regards to the information provided by Chief Deputy Burress regarding the Verizon Bill. Ms. Burress presently is creating a spreadsheet with each department cell phones and claims made to determine where "snowball" amount derived from. 4 Clerk Conlin brought to the attention of the Council an invoice the Clerk's Office received today from Department of Finance in the amount of $4,000.00 for Indiana Landmarks Foundation. I DEPARTMENT HEAD REPORTS: None at this time. Council President Zastawny asked the council if they would like to invite department heads to future council meetings. Everyone agreed that they would like to do so, and after discussion, it was decided to invite the Department of Redevelopment to the next council meeting on October 15, 2012. City Clerk Conlin offered to send an email of invitation on Council President Zastawny behalf. • A. UNFINISHED BUSINESS: 1.) Scott Lewis — 2012 -OR -37 An Ordinance of Additional Appropriation of LOIT- Public Safety Funds Council Attorney Lewis requested approval of 2012 -OR -37 on a third and final Reading stating that the additional appropriation is to pay for the attorney fees for the fire and police contract negotiations. Councilperson Owen made a motion to PASS 2012 - OR - 37 on THIRD READING, seconded by Council Vice President Sellers, PASSING on a vote of 9 -1. 2.) Scott Lewis — 2012 -OR -38 An Ordinance authorizing the issuance and sale of bonds for the City for the purpose of providing funds to be applied on the cost of park improvements at Vissing Park, other matters connected therewith, including the issuance of notes in anticipation of bonds, together with the incidental expenses in connection therewith and on account of the issuance of bonds and bond anticipation notes therefore: 2 Online Copy From Ci OfJeff.n t - City Clerk i Council Attorney Mr. Lewis requested approval of 2012 -OR -38 on the third and final reading requesting a change to the original ordinance by amending the amount from $3,500,000 to $4,000,000 to insure coverage of all expenses. Councilperson Owen made a motion to APPROVE 2012 -OR -38 on THIRD READING amending the amount to $4,000,000, seconded by Councilperson Gill PASSING on a vote of 9- 0. 3.) Scott Lewis — 2012 -OR -39 Appropriation Ordinance ( "BANS "): Council Attorney M L ewis requested a Y q approval of 2012 -OR -39 on the third and final reading stating this ordinance was the appropriation in conjunction with 2012 -OR -38 that passed at the amended amount 1 of $4,000,000. Mr. Lewis explained that ordinance 2012 -OR -39 will remain at $3,500,000 because that is how it was advertised prior to the increase. An additional ordinance for $500,000 will be forthcoming. Councilperson Julius made a motion to APPROVE 2012 -OR -39 on THIRD READING, seconded Council Vice President Sellers, PASSING on a vote of 9 -0. 4.) Monica Harmon 2012- OR -44• . An Ordinance Transferring Certain Funds within the Same Department: Controller Harmon presented 2012 -OR -44 requesting council approval. Mrs. Harmon stated this ordinance is a transfer of funds within the Fire Department. The council had previously questioned what contract services were charged in this budget line item and Mrs. Harmon reported services include: copier, janitorial, leased lawn treatments, shredding of documents, cable and alarm systems. Councilperson Owen made a motion to PASS 2012 -OR -44 on THIRD READING, seconded Council Vice President Sellers, PASSING on a vote of 9 -0. 5) Scott Lewis 2012 -OR -45 - An Ordinance of the City of Jeffersonville authorizing the issuance of sewage works revenue bonds for the purpose of providing funds to pay the cost of certain additions, extensions and improvements to the municipal sewage works of said City, providing for the safeguarding of the interest of the owners of said bonds, other matters connected therewith, including the issuance of notes in anticipation of bonds, and repealing ordinances inconsistent herewith: Council Attorney Mr. Lewis presented 2012 -OR -45 for second reading the amount of Bonds not to exceed $50 million dollars and request the third reading be held at the October 15, 2012 meeting as the bonds are set to close in November. Councilperson Samuel stated he remembered having a joint meeting publically to discuss the finance before final passing of the Ordinance set for October 29. Mr. Lewis stated the date of October 29 is to last for the bonds to close, and the deadlines are set by SRF. Councilperson Samuel asked the question if we are going to schedule a public meeting. Council President Zastawny suggested scheduling the City Council meeting to start at 5:30 P.M. asked Mr. Lewis • to advertise the change in times. Council Vice- President Sellers made the motion to PASS 2012 -OR 45 on SECOND READING, seconded by Councilperson Julius, passing on a vote B. NEW BUSINESS: 1) Mike Smith — 2012 -R -16 Resolution Referring Proposal To Amend Zoning Ordinance Pertaining to Pain Management Establishments. Councilperson Smith presented 2012 -R -16 pointed out on the resolution, attachment to the Resolutions • under Article Seven is I -2. City Attorney Merkley reported amendment of Zoning Codes starts at the Planning Commission and presented to the Council with recommendations for Council for final approval, but statute does allow for the process to start with the City Council, which is the Resolution and attached as EXHIBIT A is the Ordinance that will be presented to the Planning Commission. 3 Online Copy From CityOfJeff.net - City Clerk i i 4 4 J 1 1 Councilperson Smith made the motion to PASS 2012 -R -16, seconded by Councilperson Owen, passing on a vote of 9 -0. i 2) Mike Smith- 2012 -OR -46 An Ordinance Amending the Jeffersonville Zoning Code (2000- 0R -61) Regarding Location of Pain Management Clinics. Councilperson Smith presented - p p sented 2012 -OR 46 requested passage on first reading as cannot enforce until actually put into the Zoning Code. Councilperson Owen made the motion to PASS on FIRST READING, second by Councilperson Samuel, passing on a vote of 9 -0. i 3) Les Merkley — 2012 -OR -47 An Ordinance Repealing and Replacing 1993 -OR -24 For Purpose of Establishing Fair Housing Policies in Compliance with State and Federal Law. City Attorney Merkley presented 2012 -OR -47 requesting passing of the updated ordinance due to advisement from IORCA to comply with Federal Law. Mr. Merkley asked for passing on First Reading and will send e-mail to all Council Members of the changes in the law. Council Vice - President Sellers g i made the motion to PASS 2012 -OR -47 on FIRST READING, seconded by Councilperson Pane passing i Y p Payne, p ng on ( a vote of 9 -0. ( 4.) Monica Harmon 2012- OR -48: An Ordinance for Appropriation and Tax Rates for 2012 (public hearing): Mrs. Harmon presented the 2013 budget to the council and requests passing it on the first and second readings. The administration has proposed a budget, which is slightly less than the budget that was presented in 2012. Projected revenue sources are 54% from property taxes, 12% from CADGIT, 4.2% from EDIT, 4% from LOIT, 11.2% from locally controlled funds and 13.5% from other revenue sources projecting a 4.5% overall revenue increase. The state has allowed the assessed value to grow at 2.8 %. { Our 2012 assessed value was $1,401,000,000 and in 2013 the tax rates are currently calculated based on $1,190,900,000. These figures represent a 15% drop, which is required by the state during the initial budget process. Mrs. Harmon stated the Assessor's Office is projecting an overall drop in the assessed values. ■ I I Five new positions are being proposed in 2013: Animal Shelter one P/T position, Vehicle Maintenance one F/T position, Human Resources one F/T position, and Parks Department one F/T and one P/T position. Other major changes are the additional costs of maintaining Vissing Park and a request of a 3% budget for merit pool increases. The original budget as proposed in the General Fund was $25,958,100. Through recent workshops, a projected proposed decrease of $327,600 in cuts puts the current proposed budget at $25,630,500 with the split generally being 50% with Public Safety, 25% for council (includes insurance for the city - health and property casualty and workman's comp), Vehicle Maintenance with 6% (includes cost for fuel for the entire city), all other departments in the General Fund are slightly less than 18 %. The Parks budget was originally proposed at $3,314,900 with budget cuts totaling $178,400, but at council's request, this figure has been increased by $500,000 in order to retire the BAN debt sooner, making the current proposed outlay at $2,938,500. The Sanitation budget was proposed at $3,022,200 identifying $35,000 in reductions bringing the new total to $2,987,200. LOIT had an original proposed budget of $2,200,813 with reductions totaling $554,813, and in addition, the council has recommended transferring funds to a new 9 -1 -1 fund that will need to be established totaling $1,500,000. One million dollars of that will be returned to the city due to an advance given to purchase the police station property and its design. The additional $500,000 was set aside for this year's 2013 budget. The current outlay out of LOIT is $3,046,000. The original budget i i c 4 Online Copy From CityOfJeff.net - City Clerk 1 1 I i proposed for the EDIT fund was $1,719,611 with reductions totaling $276,611 making our current plan $1,442,900. Mrs. Harmon explained that the budget packages that council members have received reflect the advertised dollars and do not reflect any of the budget cuts that have been agreed upon. Council President Zastawny OPENED the Public Hearing at 8:55 P.M. asking anyone who would like to speak come forward. Council President Zastawny CLOSED the Public Hearing at 8:56 P.M., with no one coming forward. Councilperson Glover asked Mrs. Harmon to confirm that a 5-year Capital Plan was not p s of in any way part of this ordinance. Mrs. Harmon confirmed that it was not. Councilperson Samuel asked if Mrs. Harmon had any projections on how much the budget will have to be cut due to the anticipated drop in the assessed values and circuit breakers. Mrs. Harmon said she could not guess the outcome. There was discussion concerning the possibility of delaying new hires and employee increases until the budget tl from the assessed values and circuit breakers are made available. Councilperson Julius requested inviting the department heads who have requested new hires in 2013, to , discuss with the council. City Clerk Vicki Conlin agreed to send emails inviting the department heads on the council's behalf. Councilperson Samuel made the motion to PASS 2012 - OR - 48 on FIRST READING, seconded Councilperson Glover, passing on a vote of 9 -0. 5.) Monica Harmon — 2012- OR -49: An Ordinance Fixing the Salaries of Appointed Officers and Employees for all the Departments of the City of Jeffersonville, Clark County, Indiana, for the Year 2013: Mrs. Harmon stated that this ordinance changes the salary grades from 16 to 10 and widens the grade. It also reflects all the salary grades within each position as they are proposed, including all the requested new hires. Councilman Mike Smith asked to correct the Fire and Police Merit Board salaries to $1,200 annually. The council discussed delaying any action on this ordinance pending further discussion. Mrs. Harmon reminded council of the budget deadline of November 1, 2012. Councilperson Gill made a motion to TABLE 2012 OR - 49, seconded Council Vice President Sellers, passing on a vote of 9 -0. 6.) Monica Harmon — 2012 OR - 50: An Ordinance Amending Ordinance 2011 - OR - 57 Ordinance of Additional Appropriation: Mrs. Harmon stated this ordinance reflects advertised amendments to the 2012 budget, with increases in the General Fund of $170,500, increases in the Parks Fund of $60,000 for the utility work on Vissing Park and increases in the EDIT Fund for $160,000 for architectural services for soccer and football. Councilperson Owen made the motion to PASS 2012 -OR -50 on FIRST AND SECOND READING, seconded Councilperson Gill, PASSING on a vote of 8 -1 with Councilperson Payne voting Nay. C: REPORTS AND COMMENTS: 1) PUBLIC COMMENT NONE AT THIS TIME 2) COUNCIL COMMENTS Councilperson Smith — None at this time. Councilperson Payne — None at this time. 5 Online Copy From City0fJeftnet - City Clerk • 1 Council Vice - President Sellers — None at this time. Councilperson Gill — Has been in the Clerk's Office to review contracts and request that the original contracts be given to the Clerk. Councilperson Glover - Thanked Councilperson Smith for his hard work with the Zoning Ordinance Pain Management Clinics. Councilperson Julius — None at this time. Councilperson Owen — None at this time. Councilperson Samuel — Recognized River Valley Middle School Student Council Members 6 -8 grades. Council President Zastawny — None at this time. ADJOURNMENT: Councilperson Owen made the motion to ADJOURNED, seconded by Councilperson Gill, passing on a vote of 9 -0. Meeting ADJOURNED at 8:28 P.M. i A PP' �'VED BY: .4. ,.. ,4 EDWARD ZASTA 1 Y, PRESIDE 11 ATT TED BY: Ytiki , Vicki Conlin, City Clerk 6 Online Copy From City0fJeffnet - City Clerk r I I I i 1 ORDINANCE NO. Q / a_ e r i An ordinance of the City of Jeffersonville, Indiana, authorizing the issuance and 1 sale of bonds of the City for the purpose of providing funds to be applied on the cost of the park improvements, other matters afters connected therewith, including the issuance of notes in anticipation of bonds, together with the incidental expenses in connection therewith and on account of the issuance of bonds and bond 1 anticipation notes therefor i 1 i i J WHEREAS, a city is authorized by IC 36- 4 -6 -19, IC 5 -1 -14 and IC 6- 3.5 -7, as in effect i 1 on the date of issuance of the bonds authorized herein, to issue bonds: (i) to procure moneys i rocure s to Y be used in the exercise of the w po ers of the city; (ii) to procure moneys for the payment of city debts; and (iii) to issue bonds for the purposes authorized under IC 6- 3.5 -7; 1 WHEREAS, the Common Council hereby determines to provide for the cost of S completing certain park improvements, together with the necessary appurtenances, related improvements and equipment as set forth on Exhibit A "Pro' ( Ject" ) and the incidental expenses in connection therewith and on account of the issuance of the bonds authorized herein; i WHEREAS, the Common Council now finds that the completion of the Project is necessary and will be of eneral benefit to the e City and its residents and will help promote economic development in the City; WHEREAS, the Common Council now finds that cost estimates, plans and specifications for the Project have been or will be approved by the Common Council and by all governmental authorities having jurisdiction; { WHEREAS, the Common Council finds and has determined that the estimated cost of the Y Project, including incidental expenses incurred in connection with the Project and with the 1 issuance of bonds to finance the Project, will be in an amount not to exceed Four Million Dollars i v ($4,000,000); Online Cepparycrttm CityOfJeff.net - City Clerk i r a WHEREAS, the Common Council finds and has determined that 4 000 $ , ,000 may be financed by the issuance of bonds and, if necessary, bond anticipation notes ( "BANs "); WHEREAS, Clark County has imposed the economic development income tax ( "EDIT ") I pursuant to IC 6- 3.5 -7, and the City is a recipient of a distributive share of the EDIT ( "EDIT Revenues ") pursuant to IC 6- 3.5 -7; 3 WHEREAS, the Mayor of the City has adopted a Capital Improvement Plan ( "Plan") i with respect to the EDIT Revenues, and the Project is or will be identified in the Plan; I w i WHEREAS, there are no prior liens, encumbrances or other restrictions on the EDIT d 1 Revenues or on the City's ability to pledge the EDIT Revenues; i 1 WHEREAS, the bonds and BANs to be issued pursuant to this ordinance are to be issued 1 subject to the provisions of the laws of the State of Indiana, including, without limitation, IC 36- i 4 -6 -19, IC 5 -1 -14 and IC 6- 3.5 -7, as in effect on the date of delivery of the bonds and BANs (collectively, "Act "), and the terms and restrictions of this ordinance; i 1 WHEREAS, the City desires to authorize the issuance of BANs hereunder, if necessary, I 1 payable from the proceeds of bonds issued to finance the aforementioned costs of the Project and to authorize the refunding of the BANs, if issued; 1 WHEREAS, the total indebtedness of the City, including the amount of the bonds authorized by this ordinance (assuming all such indebtedness constitutes debt in the 1 i constitutional sense under the Indiana Constitution), is in the amount of $4,000,000 and does not ,` exceed any constitutional or statutory limitations on indebtedness, and the net assessed valuation 3 of taxable property in the City, as shown by the last complete and full assessment for state and 1 4 1 City taxes is $1,401,070,861; and l I Online C 8 m Ci OfJeff.net - City k ° ty ty Cle 1 i L 1 WHEREAS, the Common Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of the bonds and BANs have been complied with in accordance with the provisions of the Act; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF CITY OF JEFFERSONVILLE, INDIANA, THAT: Section 1. Authorization of the Project. The City shall proceed to undertake the 1 completion of the Project as set forth in this ordinance. That the costs of the Project payable from BAN and bond proceeds shall not exceed the sum of $4,000,000, plus investment earnings on the BAN and bond proceeds, without further authorization from this Common Council. The Project shall be completed and the bonds herein authorized shall be issued r pu suant to and in accordance with the Act. 1 Section 2. Issuance of BANs and Bonds; Registrar and Paying Agent. The City shall g g Y T I issue, if necessary, its BANs for the purpose of procuring interim financing to apply to the costs r l of the Project. The City shall issue its BANs in an aggregate amount not to exceed Four Million 1 Dollars ($4,000,000) to be designated "Bond Anticipation Notes of 2012" ("BANs"). The BANs I shall be numbered consecutively from 1 upward, shall be in multiples of $1,000 or multiples 4 i thereof as designated in the purchase agreement for the BANs, shall be dated as of the date of 4 delivery thereof, and shall bear interest at a rate not to exceed 4% per annum (the exact rate or S i rates to be determined through negotiations) payable at maturity or upon redemption or semiannually on January 15 and July 15, beginning on the first January 15 or the first July 15 1 following delivery of the BANs as designated by the Controller with the advice of the City's financial advisor. The BANs shall be issued and sold at a price not less than 99.5% of the par 1 value thereof. The BANs shall mature no later than five (5) years after their date of delivery. 1 1 . Online Carom Ci OfJeff.net - City Clerk fi � tY erk I 1 1 The BANs are subject to renewal or extension at an interest rate or rates not to exceed 4% per a annum (the exact rate or rates to be negotiated). The term of the BANs and all renewal BANs may not exceed five years from the date of delivery of the initial BANs. The BANs shall be Y registered in the name of the purchasers thereof. The City may receive payment on the BANs in i i the form of installments. The BANs shall be issued pursuant to IC 5- 1 -14 -5. The principal on the BANs shall be payable from the issuance of the bonds authorized under this ordinance or from the issuance of i 1 any notes, bonds or other obligations of the City which may be legally issued to refund such 1 BANs. Interest on the BANs may also be payable from EDIT Revenues and any other funds 1 legally available to the City for such purpose, with such specific pledges to be set forth in the purchase agreement for the BANs. The bonds will be payable solely out of EDIT Revenues. The City shall issue its bonds in an aggregate principal amount not to exceed $4,000,000 1 to be designated "Economic Development Income Tax Revenue Bonds of 20 " (to be t t d f completed with the year in which the bonds are issued), for the purpose of procuring funds to 4 I apply on the costs of the Project, issuance costs and refunding the BANs, if issued. The bonds 1 shall be issued and sold at a price not less than 99% of the par value thereof in fully registered 1 form in denominations of One Thousand Dollars ($1,000) or any integral multiple thereof, I numbered consecutively from 1 up, originally dated as of the date of delivery thereof, and shall s i bear interest at a rate or rates not exceeding 6% per annum (the exact rate or rates to be I 1 determined by bidding or negotiation with the purchaser). Interest is payable semiannually on January 15 and July 15, commencing on the first January 15 or the first July 15 which is at least 1 1 six months after the date of delivery of the bonds, as determined by the Controller, with the i 1 advice of the City's financial advisor. Principal shall be payable in lawful money of the United i i 1 -4- Online Coplurscrprn CityOfJeff.net - City Clerk 1 1 z 1 1 1 1 i 1 f States of America, at the principal office of the Paying Agent (as hereinafter defined) and such 1 bonds shall mature semiannually, or be subject to mandatory sinking fund redemption if term i I i 1 bonds are issued, on January 15 and July 15 over a period ending no later than January 15, 2036 and in amounts which achieve as level debt service as practicable with $1,000 denominations. All or a portion of the bonds may be issued as one or more term bonds, upon election of i 1 the successful purchaser of the bonds. Such term bonds shall have a stated maturity or maturities i t 1 of January 15 and July 15 on the dates as determined by the purchaser of the bonds, but in no 1 event later than the final maturity date of the bonds established in accordance with the above i , R paragraph. 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 which correspond to the principal payment dates that are set in accordance with the above paragraph. 1 1 Interest on the bonds and BANs shall be calculated according to a 360 -day calendar year I 1 containing twelve 30 -day months. i I The bonds shall bear an original date which shall be the date of delivery thereof, and each x I bond shall also bear the date of its authentication. Bonds authenticated on or before the Record Date (as hereinafter defined) immediately preceding the first interest payment date shall be paid interest from the original date. Bonds authenticated thereafter shall be paid interest from the 3 interest payment date to which interest has been paid next preceding the date of authentication of a such bonds unless the bonds are authenticated after the Record Date and on or before the 1 corresponding interest payment date, in which case interest thereon shall be paid from such M interest payment date. If at the time of authentication of any bond interest is in default thereon, 1 that bond shall bear interest from the date to which interest has been paid in full. i I l 1 1 Online Cflm CityOfJeff.net - City Clerk k i i i 4 s 1 1 i 1 The Mayor and the Controller are authorized and directed to appoint a qualified banking i 3 i institution to serve as Registrar and Paying Agent ( "Registrar" or "Paying Agent ") for the bonds, 4 which shall be charged with the responsibility of authenticating the bonds. The Controller is hereby authorized to enter into such agreements or understandings with such bank as will enable the bank to perform the services required of a Registrar and Paying Agent. The Controller is i k further authorized to pay such fees as the bank may charge for the services it provides as I i i Registrar and Paying Agent, and such fees may be paid from the bond fund established to pay the l principal of and interest on the bonds. Upon agreement between the City and P g y the purchaser for w the bonds, the Controller may be designated as the Registrar and Paying Agent, and, in that case, i shall be charged with all responsibilities of a Registrar and Paying Agent. As to the BANs, the t 1 Controller may serve as Registrar and Paying Agent and, in that case, shall be charged with the i duties of Registrar and Paying Agent. All payments of interest on and principal of the bonds shall be payable by check mailed l by first class mail one business Y day prior to the interest payment date to the registered owner, as 1 of the first day of the month containing a payment date ( "Record Date "), to the address as it x i t appears on the registration books kept by the Registrar or at such other address as is provided to i the Paying Agent in writing by such registered owner. If payment of principal or interest is made to a depository, payment shall be made by wire transfer on the a ment date in same-day funds. pY y If the payment date occurs on a date when financial institutions are not open for business, the i wire transfer shall be made on the next succeeding business day. The Paying Agent shall be l instructed to wire transfer payments by 1:00 p.m. (New York City time) so such payments are I received at the depository by 2:30 p.m. (New York City time). i. . -6- Online Comsfcrom CityOfJeff.net - City Clerk I 1 f f The bonds and BANs are transferable by the registered owner at the principal office of the Registrar and Paying Agent upon presentation and surrender of a bond or BAN, as the case may be, and on presentation of a duly executed written instrument trument of transfer acceptable to the City and Registrar, and thereupon a new bond, bonds, BAN or BANs of the same aggregate ate principal amount and maturity and in authorized denominations will be issued to the transferee or transferees in exchange therefor. The bonds and BANs may be exchanged upon surrender at the principal office of the Registrar and Paying Agent, duly endorsed by the registered owner for the same aggregate principal amount of bonds or BANs, as the case may be, of the same maturity in authorized denominations as the owner may request. The BANs and bonds shall be executed in the name of the City by the manual or facsimile signatures of the Mayor, countersigned with the manual or facsimile signature of the Controller and attested by the manual or facsimile signature of the Clerk who shall affix or imprint by facsimile or any others means the seal of the City to each of the BANs and bonds. I The Mayor, the Controller and the Clerk, by the execution of a signature and no litigation certificate, shall adopt as and for their own proper signatures their facsimile signatures appearing } � Pp g on the BANs and bonds. If any official whose signature or facsimile of whose signature shall appear on the BANs and bonds shall cease to be such officer before the issuance, authentication or delivery of such BANs or bonds, such signature or such facsimile shall, nevertheless, be valid and sufficient for all purposes, the same as if said official had remained in office until delivery. No bond shall be valid or obligatory for any purposes, unless and until authenticated by the Registrar. The City and the Paying Agent may deem and treat the person in whose name a bond or BAN is registered on the bond register as the absolute owner thereof for all purposes, notwithstanding any notice to the contrary. Online Cop ra CityOfJeff.net - City Cle k VEMEMEMENI 1 1 i t 1 The Common Council has determined that it may be beneficial to the City to have the 1 bonds held by a central depository system pursuant to an agreement between the City and The Depository Trust Company, New York, New York ( "Depository Trust Company ") and have transfers of the bonds effected by book -entry on the books of the central depository system ( "Book Entry System "). The bonds may be initially issued in the form of a separate single i authenticated fully registered bond for the aggregate principal amount of each separate maturity of the bonds. In such case, upon initial issuance, the ownership of such bonds shall p a be registered in the register kept by the Registrar in the name of CEDE & CO. as nominee of the Depository Trust Company. 1 With respect to the bonds registered in the register kept by the Registrar in the name of CEDE & CO., as nominee of the Depository Trust Company, the City and the Pain Y Paying Agent shall have no responsibility or obligation to any other holders or owners (including any T beneficial owner ( "Beneficial Owner ")) of the bonds with respect to (i) the accuracy of the records of the Depository Trust Company, CEDE & CO., or any Beneficial Owner with respect i to ownership questions, (ii) the delivery to any bondholder (including any Beneficial Owner) or '` any other person, other than the Depository Trust Company, of any notice with respect to the bonds including any notice of redemption, or (iii) the payment to any bondholder (including any Beneficial Owner) or any other person, other than the Depository Trust Company, of any amount I with respect to the principal of, or remium, if any, or interest on the bon P bonds except as otherwise i 1 provided herein. i No person other than the Depository Trust Company shall receive an authenticated bond 1 #. evidencing an obligation of the City to make payments of the principal of and premium, if any, I j and interest on the bonds pursuant to this ordinance. The City and the Registrar and Paying 1 x . . Online Co J'arvm CityofJeff.net - City Cler I a i Agent may treat as and deem the Depository Trust Company or CEDE & CO. to be the absolute bondholder of each of the bonds for the purpose of (i) payment of the principal of and premium, 4 if any, and interest on such bonds; (ii) giving notices of redemption and other notices permitted V to be given to bondholders with respect to such bonds; (iii) registering transfers with respect to such bonds; (iv) obtaining any consent or other action required or permitted to be taken of or by i bondholders; (v) voting; and (vi) for all other purposes whatsoever. The Paying Agent shall pay 3 i all principal of and premium, if any, and interest on the bonds only to or upon the order of the Depository Trust Company, and all such payments shall be valid and effective fully to satisfy and discharge the City's and the Paying Agent's obligations with respect to principal of and 1 t premium, if any, and interest on the bonds to the extent of the sum or sums so paid. Upon delivery by the Depository Trust Company to the City of written notice to the effect that the i Depository Trust Company has determined to substitute a new nominee in place of CEDE & CO., and subject to the provisions herein with respect to consents, the words "CEDE & CO." in this resolution shall refer to such new nominee of the Depository Trust Company. Notwithstanding any other provision hereof to the contrary, so long as any bond is registered in , I the name of CEDE & CO., as nominee of the Depository Trust Company, all payments with 1 l respect to the principal of and premium, if any, and interest on such bonds and all notices with respect to such bonds shall be made and given, respectively, to the Depository Trust Company i Y P rY P Y as I provided in a representation letter from the City to the Depository Trust Company. 4 1 Upon receipt by the City of written notice from the Depository Trust Company to the a 7 3 1 effect that the Depository Trust Company is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of the Depository Trust Company P rY P Y i I hereunder can be found which is willing and able to undertake such functions upon reasonable t 1 b i f Online Crom Ci OfJeff.net - City k Clerk i I i and customary terms, then the bonds shall no longer be restricted to being registered in the register of the City kept by the Registrar in the name of CEDE & CO., as nominee of the I Depository Trust Company, but may be registered in whatever name or names the bondholders transferring or exchanging the Bonds shall designate, in accordance with the provisions of this ordinance. 1 If the City determines that it is in the best interest of the bondholders that they be able to i obtain certificates for the fully registered bonds, the City may notify the Depository Trust i Company and the Registrar, whereupon the Depository Trust Company will notify the Beneficial P Y g P P rY P Y Y z Owners of the availability through the Depository Trust Company of certificates for the bonds. In such event, the Registrar shall prepare, authenticate, transfer and exchange certificates for the a i bonds as requested by the Depository Trust Company and any Beneficial Owners in appropriate 1 i amounts, and whenever the Depository Trust Company requests the City and the Registrar to do so, the Registrar and the City will cooperate with the Depository Trust Company by taking i' appropriate action after reasonable notice (i) to make available one or more separate certificates i evidencing the fully registered Bonds of any Beneficial Owner's Depository Trust Company 1 account or (ii) to arrange for another securities depository to maintain custody of certificates for J and evidencing the bonds. 1 t If the bonds shall no longer be restricted to being registered in the name of the Depository 1 Trust Company, the Registrar shall cause the bonds to be printed in blank in such number as the I f Registrar shall determine to be necessary or customary; provided, however, that the Registrar { I shall not be required to have such bonds printed until it shall have received from the City i I indemnification for all costs and expenses associated with such printing. x i y 1 Online Ccij)ffm CityOfJeff.net - City Cle i s 1 I 1 1 In connection with any notice or other communication to be provided to bondholders by the City or the Registrar with respect to any consent or other action to be taken by bondholders, i the City or the Registrar, as the case may be, shall establish a record date for such consent or i other action and give the Depository Trust Company notice of such record date not less than i 1 fifteen (15) calendar days in advance of such record date to the extent possible. 3 So long as the bonds are registered in the name of the Depository Trust Company or y I CEDE & CO. or any substitute nominee, the City and the Registrar and Paying Agent shall be 4 i entitled to request and to rely upon a certificate or other written representation from the i Beneficial Owners of the bonds or from the Depository Trust Company on behalf of such y Y A 1 Beneficial Owners stating the amount of their respective beneficial ownership interests in the i i 1 bonds and setting forth the consent, advice, direction, demand or vote of the Beneficial Owners as of a record date selected by the Registrar and the Depository Trust Company, to the same 1 extent as if such consent, advice, direction, demand or vote were made by the bondholders for i purposes of this resolution and the City and the Registrar and Paying Agent shall for such i purposes treat the Beneficial Owners as the bondholders. Along with any such certificate or 1 representation, the Registrar may request the Depository Trust Company to deliver, or cause to f 3 be delivered, to the Registrar a list of all Beneficial Owners of the bonds, together with the dollar I I 1 amount of each Beneficial Owner's interest in the bonds and the current addresses of such Beneficial Owners. 1 Section 3. Redemption Provisions. Beginning 180 days after the date of issuance, the BANs are a re able by the City, in whole or in at any time, upon twenty (20) days' p pY Y Y� part, Y � p Y( } s' Y A x 7 I written notice to the owner of the BANs with no premium, plus accrued interest to the date of 1 redemption. i i -11- Online Coplaarnrn CityOfJeff.net - City Clerk 3 1 I i f a The bonds maturing on and after January 15, 2022 are redeemable at the option of the City, in whole or in part, in such order of maturity as determined by the City, and by lot within a maturity, on July 15, 2021, or any date thereafter, at par, plus interest accrued to the date of redemption, with no r s p premium. If any bond is issued as a term bond, the Paying Agent shall credit against the mandatory sinking fund requirement for the bonds maturing as term bonds, and corn i corresponding mandatory redemption obligation, in the order determined by the City, any bonds maturing as term bonds which have previously been redeemed (otherwise than as a result of a previous mandatory I redemption requirement) or delivered to the Registrar for cancellation or purchased for cancellation by the Paying Agent and not theretofore applied as a credit against any redemption obligation. Each bond maturing as a term bond so delivered or canceled shall be credited by the Paying Agent at 100% of the principal amount thereof against the mandatory sinking fund r7' g i , obligation on such mandatory sinking fund date, and any excess of such amount shall be credited 1 1 ., on future redemption obligations, and the principal amount of the bonds to be redeemed by operation of the mandatory sinking fund requirement shall be accordingly reduced; provided, 1 however, the Paying Agent shall credit only such bonds maturing as term bonds to the extent i i received on or before forty -five (45) days preceding the applicable mandatory redemption date. r Each One Thousand Dollars ($1,000) principal amount shall be considered a separate bond for purposes of optional and mandatory redemption. If less than an entire maturity is called for redemption, the bonds to be redeemed shall be selected by lot by the Registrar. If some bonds are to be redeemed by optional redemption and mandatory sinking fund redemption on the I same date, the Registrar shall select by lot the bonds for optional redemption before selecting the bonds by lot for the mandatory sinking fund redemption. Online C+ m CityOfJeff.net City Cle s - tY 1 1 f f , 1 In either case, notice of such redemption shall be mailed to the registered owner not less x than thirty (30) days prior to the date fixed for redemption at the address of the registered owner as shown on the registration record of the City as of the date which is forty-five (45) days prior to said redemption date, unless such redemption notice is waived by the owner of the bond or bonds redeemed. The notice shall specify the date and place of redemption and sufficient I identification of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the bonds so called for redemption shall cease and the bonds will no 1 longer be deemed outstanding under this ordinance on the redemption date fixed in such notice if sufficient funds are available a able at the place of redemption to pay the redemption price, including 1 accrued interest and redemption premium, if any, to the redemption date, on the date so named. Failure to give such notice by mailing, or any defect in such notice, with respect to any bond shall not affect the validity of any proceedings for redemption of other bonds. i f If the bonds are not presented for payment or redemption on the date fixed therefor, the . 1 City may deposit in trust with the Paying Agent, an amount sufficient to pay such bond or the redemption price, as the case may be, including accrued interest to the date of such payment or redemption, and thereafter the registered owner shall look only to the funds so deposited in trust with the Paying Agent for payment, and the City shall have no further obligation or liability in respect thereto. 1 Section 4. Pledge of EDIT Revenues. The bonds, as to both principal and interest, 4 shall be payable solely from and secured by an irrevocable pledge of EDIT Revenues. The City i 1 I hereby pledges to the payment of the principal of and interest on the BANs the proceeds of the 1 1 bonds authorized under this ordinance and any other notes, bonds or other obligations which may be legally issued to refund the BANs. Interest on the BANs may also be paid with EDIT 4 4 t i - 13 - Online Coprn CityOfJeff.net - City Clerk i 1 Revenues and any other funds legally available to the City for such purpose all as specifically provided in the purchase agreement for the BANs. The bonds and BANs are within every limit of indebtedness of the City as prescribed by the constitution of the State of Indiana. Section 5. Form of Bonds. The bonds shall be issued in substantially the following form, all blanks to be filled in properly prior to delivery: [Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ( "DTC "), to City of Jeffersonville, Indiana, or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.] NO. UNITED STATES OF AMERICA I STATE OF INDIANA COUNTY OF CLARK 1 1 CITY OF JEFFERSONVILLE, INDIANA ECONOMIC DEVELOPMENT INCOME TAX 1 REVENUE BOND OF a 1 [Interest [Maturity Original Authentication Rate] Date] Date Date CUSIP [ 1 I REGISTERED OWNER: PRINCIPAL SUM: The City of Jeffersonville, in Clark County, Indiana ( "City "), a political subdivision organized and existing under the laws of the State of Indiana, for value received, hereby acknowledges itself indebted and promises to pay to the Registered Owner named above, or registered assigns, the Principal Sum set forth above on [the Maturity Date set forth above] [on and on the dates and in the amounts as set forth on Exhibit A attached hereto] (unless this bond be subject to and be called for redemption prior to maturity as hereinafter provided) and to pay interest thereon at the rate per annum [stated above] [set forth on Exhibit A attached hereto] from the interest payment date next preceding the date of authentication hereof unless this bond is authenticated on or before , 20 , in Online Cj 8 om CityOfJeff.net City Cle 4 a 1 1 which case interest shall be paid from the Original Date, or unless this bond is authenticated on or after the first day of the month containing an interest payment date and on or before such interest payment date in which case interest shall be paid from such interest payment date, which interest is payable on January 15 and July 15, beginning on 15, 20__ until the Principal Sum has been paid. The principal of this bond is payable at the principal office of ( "Registrar" or "Paying Agent "), in the of , Indiana. All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the registered owner hereof, as of the first day of the month containing an interest payment date, at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the registered owner. If payment of principal or interest is made to a depository, payment shall be made by wire transfer on the payment date in same -day funds. If the payment date occurs on a date when financial institutions are not open for business, the wire transfer shall be made on the next succeeding business day. The Paying Agent shall wire transfer payments by 1:00 p.m. (New York City time) so such payments are received at the depository by 2:30 p.m. (New York City time). All payments on the bond shall be made in any 1 lawful money of the United States of America, which on the dates of such payment, shall be legal tender for the payment of public and private debts. 1 The principal of and interest on this bond are payable from EDIT Revenues (as i hereinafter defined). i l This bond is [the only] one of an authorized issue of bonds of the City[, of like date, tenor I and effect, except as to numbering, interest rates, dates of maturity] in the total aggregate principal amount of $ , numbered consecutively from 1 up; issued for the purpose of providing funds to pay the cost of certain park improvements, together with the necessary appurtenances, related improvements and equipment as set forth in Exhibit A attached hereto ( "Project ")[, refunding notes issued in anticipation of bonds] and to pay issuance 1 expenses. This bond is issued pursuant to an ordinance adopted by the Common Council of the City on the day of , 2012, entitled "An ordinance of the City of Jeffersonville, Indiana, authorizing the issuance and sale of bonds of the City for the purpose of providing funds to be applied on the cost of the park improvements, other matters connected therewith, including the issuance of notes in anticipation of bonds, together with the incidental 1 expenses in connection therewith and on account of the issuance of bonds and bond anticipation s notes therefor" ( "Ordinance "), and in accordance with the provisions of Indiana law, including without limitation Indiana Code, Title 36, Article 4, Chapter 6, Title 19, Title 6, Article 3.5, Chapter 7 and Title 5, Article 1, Chapter 14 as in effect on the date of delivery of the bonds of this issue ( "Act "), the proceeds of which bonds are to be applied solely to the completion of the Project [, refunding said interim notes issued in anticipation of bonds] and the incidental 1 expenses incurred in connection therewith. i The bonds maturing on January 15, 2022, are redeemable at the option of the City on July 15, 2021 in whole or in part, in the order of maturity as determined by the City and by lot within a maturity, at face value, with no premium, plus in each case accrued interest to the date of l .. redemption.. i 4 1 Online Cc�m r m CityOfJeff.net - City Cle i I , I [The bonds maturing on are subject to mandatory I sinking fund redemption prior to maturity, at a redemption price equal to the principal amount thereof plus accrued interest, on the dates and in the amounts set forth below: i Date Amount 4 i * I * Final Maturity] t Each One Thousand Dollars ($1,000) principal amount shall be considered a separate 1 bond for purposes of optional [and mandatory] redemption. If less than an entire maturity is I called for redemption, the bonds to be redeemed shall be selected by lot by the Registrar. [If some bonds are to be redeemed by optional redemption and mandatory sinking fund redemption on the same date, the Registrar shall select by lot the bonds for optional redemption before selecting the bonds by lot for the mandatory sinking fund redemption.] i I Notice of such redemption shall be mailed to the address of the registered owner as i shown on the registration record of the Registrar, as of the date which is forty -five (45) days 1 prior to the date fixed for redemption, but not less than thirty (30) days prior to such redemption 4 date, unless said notice is waived by the registered owner of this bond. Any notice shall specify 5 the date and place of redemption and sufficient identification of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the 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, including interest accrued to the redemption date, on the date so named. Failure to give such notice by mailing, or any defect in such notice, with respect to any bond shall not affect the validity of any proceedings for redemption of other bonds. 1 If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent, an amount sufficient to pay such bond or the a redemption price, as the case may be, including accrued interest to the date of such payment or redemption, and thereafter the registered owner shall look only to the funds so deposited in trust with that bank for payment, and the City shall have no further obligation or liability in respect thereto. THIS BOND DOES NOT CONSTITUTE A GENERAL OBLIGATION OF THE CITY, BUT IS PAYABLE SOLELY OUT OF THE CITY'S DISTRIBUTIVE SHARE OF THE f ECONOMIC DEVELOPMENT INCOME TAX ( "EDIT REVENUES ") AND INVESTMENT EARNINGS ON ANY CASH OR SECURITIES HELD IN THE REVENUE FUND 3 ESTABLISHED UNDER THE ORDINANCE IN ACCORDANCE WITH IC 6- 3.5 -7. 1 The bonds are all equally and ratably secured by and entitled to the protection of the Ordinance. Additional bonds may be issued as described in the Ordinance. The bonds are subject to defeasance as provided in the Ordinance. f ., x ._ s f , Online CQ�4.tom CityOfJeff.net City Cle 4 4 P i } 1 Reference is hereby made to the y Ordinance for a description of the rights, duties and obligations of the City and the owners of the bonds, the terms and conditions upon which the bonds are or may be issued and the terms and conditions upon which the bonds will be paid at or prior to maturity, or will be deemed to be paid and discharged upon the making of provisions for t t payment therefor. Copies of the Ordinance are on file at the office of the Clerk. THE OWNER OF THIS BOND, BY ACCEPTANCE OF THIS BOND, HEREBY AGREES TO ALL OF THE TERMS AND PROVISIONS IN THE ORDINANCE. This bond is transferable by the registered owner hereof at the office of the Registrar upon presentation and surrender of this bond and on presentation of a duly executed written instrument of transfer or exchange acceptable to the Registrar, and thereupon a new bond or bonds of the same aggregate principal amount and maturity and in authorized denominations will be issued to the transferee or transferees in exchange therefor. This bond may be exchanged upon surrender hereof at the principal office of the Registrar, duly endorsed by the registered owner, for the same aggregate principal amount of bonds of the same maturity and in authorized denominations as the owner may request. ] [The bonds shall be initially issued in a Book Entry System (as defined in the Ordinance). The provisions of this bond and of the Ordinance are subject in all respects to the provisions of 1 the Letter of Representations between the City and The Depository Trust Company, or any substitute agreement, effecting such Book Entry System.] f 4 The bonds maturing in any one year are issuable only in fully registered form in the 1 denomination of $1,000 or any integral multiple thereof not exceeding the aggregate principal 5 amount of the bonds maturing in such year. i i t The City and Registrar may deem and treat the person in whose name this bond is registered as the absolute owner hereof. It is hereby certified and recited that all acts, conditions and things required by law and i the constitution of the State of Indiana to be done precedent to and in the issuance, sale and 1 delivery of this bond have been properly done, happened and performed in regular and due form as provided by law, and that the bonds of this issue do not exceed any constitutional or statutory limitation of indebtedness. The EDIT Revenues are hereby irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms. This bond shall not be valid or become obligatory for any purpose until authenticated by l the Registrar. IN WITNESS WHEREOF, the City of Jeffersonville, in Clark County, Indiana, has i caused this bond to be executed in its name by the manual or facsimile signature of its Mayor, i countersigned with the manual or facsimile signature of its Controller, its corporate seal to be hereunto affixed or imprinted manually or by facsimile and attested by the manual or facsimile i signature of its Clerk. i 1 CITY OF JEFFERSONVILLE, INDIANA i i 1 -17- ' Online Cow8Formn CityOfJeff.net - City Clerk i I I. Y I 3 a r Mayor Countersigned: x i x (SEAL) Controller Attested: 1 Clerk 1 4 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Ordinance. , as Registrar 1 d t I i I Authorized Representative 1 ASSIGNMENT i 1 For value received, the undersigned hereby sells, assigns and transfers unto 9 t the within bond and all rights hereunder and hereby irrevocably constitutes and appoints 1 , attorney, to transfer this bond on the bond register kept for x the City, with full power of substitution in the premises. 1 Dated: I Signature guaranteed by: 4 Association recognized signature guarantee NOTICE: Signature(s) must be guaranteed program by an eligible guarantor institution participating in a Securities Transfer 4 Online Crom ityOfJeff.net a City le so I 1 4 3 particular, without alteration or enlargement NOTICE: The signature to this assignment or any change whatsoever on the face of the within bond in every [EXHIBIT A] [End of Bond Form] Section 6. Authorization for Preparation and Sale of the Bonds and BANs. The Controller is hereby authorized and directed to have the bonds and BANs prepared, and the Mayor, the Controller and the Clerk are hereby authorized and directed to execute the bonds and BANs, in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the bonds and BANs to the respective purchasers thereof after sale made in accordance with the provisions of this ordinance, provided that at the time of said delivery the Controller shall collect the full amount which the respective purchasers have agreed to pay therefor, which amount shall not be less than 99.5% of the par value of the BANs and not less than 99% of the par value of the bonds, as the case may be. The City may receive payment for the BANs in installments. The proceeds derived from the sale of the BANs and bonds shall be and are hereby set aside for application on the costs of the Project, the refunding of the BANs, if issued, and the expenses necessarily incurred in connection with the bonds and BANs. The proper officers of the City are hereby directed to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this ordinance. Section 7. Sale of Bonds. (a) If the bonds will be sold at competitive sale, as determined by the Controller, with the advice of the City's financial advisor, prior to the sale of bonds the Controller shall cause to be published either (i) a notice of such sale two (2) times at least one (1) week apart in The Evening News, with the first publication occurring at least fifteen Online Cog rn CityOfJeff.net - City Cle 1 i i i I (15) days prior to the sale date and the second publication occurring at least three (3) days prior I to the sale date, or (ii) a notice of intent to sell bonds in the Court & Commercial Record and The i Evening News, all in accordance with IC 5 -1 -11 and IC 5 -3 -1. A notice or summary notice of sale may also be published one time in the Court & Commercial Record or The Bond Buyer, in New York, New York. The notice shall state the purpose for which the bonds are being issued, the total amount of the bonds, the maximum rate of interest on the bonds, the time and p lace of 1 i i payment, the terms and conditions on which bids will be received and the sale made, and such other information as the Controller, upon advice of counsel deemed necessary. The notice may i p �'Y Y i provide, among other things, that the successful bidder shall be required to submit a certified or I cashier's check to guarantee performance on the part of the bidder. If the successful bidder shall Y fail or refuse to accept delivery of the bonds and pay for the same as soon as the bonds are ready for delivery, or at the time fixed in the notice of sale, then the check and the proceeds thereof 1 s shall become the property of the City and shall be considered as its liquidated damages on i I account of such default. k All bids for the bonds shall be sealed and shall be presented to the Controller at his or her i office, and the Controller shall continue to receive all bids offered until the hour on the day fixed in the notice, at which time and place she shall open and consider the bids. Bidders for the bonds shall be required to name the rate or rates of interest which the bonds are to bear, not exceeding t 1 six percent (6 %) or such lower maximum rate set forth in the notice, and such interest rate or 1 rates shall be in multiples of one - eighth (1/8) or one - twentieth (1/20) of one percent (1%). The F rate bid on any maturity shall be equal to or greater than the rate bid on the immediately i preceding maturity. No conditional bid for less than 99% of the par amount of the bonds will be considered. I 2 i i -20- Online C,,, , .:J.om CityOfJeff.net - City Clerk i t i I i s s 1 (b) The Controller shall award the bonds to the highest responsible and qualified bidder. R j The highest bidder shall be the one who offers the lowest net interest cost to the City, computing the total interest on all of the bonds to their maturities and adding thereto the discount bid, if any, 1 and deducting therefrom the premium bid, if any. The Controller shall have full right to reject i any and all bids. If no acceptable bid is received at the time fixed in the notice for sale of the bonds, the Controller shall be authorized to continue to receive bids from day to day thereafter I for a period not to exceed thirty (30) days, without readvertising, but during such continuation, 1 no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid I received at the time fixed for such sale in the notice. 1 (c) As an alternative to the public sale, the bonds may be sold by a negotiated sale with i terms consistent with this ordinance. The Mayor and Controller are hereby authorized to execute a purchase agreement with the purchaser of the bonds ("Purchase Agreement") with terms 1 " P g p ( g ) i 1 conforming to this ordinance and sell such bonds upon such terms as are acceptable to the Mayor k and the Controller consistent with the terms of this ordinance. The Mayor and the Controller are , authorized and directed to obtain an investment letter from the purchaser of the bonds in a form S i f acceptable to the Mayor and the Controller, with the advice of bond counsel, and consistent with 1 the terms and provisions of this ordinance and the Purchase Agreement. j (d) The Mayor, the Controller and the Clerk may also take such other actions or deliver such other certificates as are necessary or desirable in connection with the issuance of the BANs l I 4 and the bonds and the other documents needed for the financing as they deem necessary or i desirable in connection therewith. 1 pp4 Prior to the delivery of the BANs or the bonds, the City shall obtain a legal opinion as to 1 the validity of the BANs or the bonds, respectively, from Ice Miller LLP, bond counsel of 1 1 i -21- I Online Co2py8F6tom CityOfJeff.net - City Clerk I Indianapolis, Indiana, and shall furnish such opinion to the purchaser of the BANs or the bonds, respectively. The cost of this opinion, the services of the City Attorney and the services of the City's financial advisor shall be considered as part of the costs incidental to these proceedings and may be paid out of proceeds of the bonds or BANs, as the case may be. Section 8. Continuing Disclosure; Official Statement. (a) If the bonds authorized herein are subject to Rule 15c2 -12 of the Securities and Exchange Commission ( "Rule "), the Mayor or the Controller are hereby authorized to execute and deliver a continuing disclosure undertaking in satisfaction of the Rule. (b) If the bonds authorized herein will be sold with an Official Statement, distribution of an Official Statement relimin and final) on behalf of the City, is hereby approved and the (P �`Y ) Y Y PP Mayor or Controller is authorized and directed to execute the Official Statement on behalf of the City in a form consistent with this ordinance. The Mayor or Controller is hereby authorized to designate the preliminary Official Statement as "nearly final" for purposes of the Rule. 1 1 Section 9. Use of Proceeds and Costs of Issuance Construction Fund. After the 1 i BANs and bonds shall have been properly executed, the Controller shall receive payment therefor, deliver the same to the respective purchasers thereof, and take receipt therefor. The proceeds from the sale of the BANs and bonds shall be paid into the Construction Fund created hereby. The Construction Fund shall be deposited in a separate account of the City and kept separate and apart from all other funds and accounts of the City. The proceeds deposited in the Construction Fund and investment earnings on amounts in the Construction Fund shall be expended only to pay the costs of the Project, refunding the BANs, if issued, and costs incurred I 1 in connection with the issuance of the bonds and BANs. Any balance or balances remaining 1 4 unexpended in the Construction Fund after the completion of the Project, which are not required i i Online Cr <sErom CityOfJeff.net - City Clerk 1 p to meet unpaid obligations incurred in connection with the construction of the Project, shall either (i) be deposited in the Revenue Fund and used solely for the purposes of said Fund or (ii) be used for the same purpose or type of project for which the bonds were issued, all in accordance with IC 5 -1 -13, as amended from time to time. Section 10. Revenue Fund. There is hereby created a Revenue Fund ( "Revenue Fund"). Any EDIT Revenues received by the City to pay debt service on the bonds shall be deposited in the Revenue Fund. All moneys in the Revenue Fund shall be used solely for the purpose of paying principal of and interest on the bonds and meeting the requirements of the Bond and Interest Account created in the Revenue Fund. The moneys deposited into the Revenue Fund, on an annual basis, shall not exceed the amount of principal and interest due on the bonds for the next succeeding year. (a) Bond and Interest Account. There is hereby created, within the Revenue Fund, the Bond and Interest Account. There shall be credited, upon receipt of each semiannual distribution, to the Bond and Interest Account, an amount of the EDIT Revenues equal to the interest on and principal of all then outstanding obligations from EDIT Revenues payable on the then next succeeding interest and principal payment date. There shall similarly be credited to the Account any amount necessary to pay the bank fiscal agency charges for paying principal and interest on outstanding obligations as the same become payable. The City shall, from the sums deposited in the Revenue Fund and credited to the Bond and Interest Account, remit promptly to the registered owner or to the bank fiscal agency sufficient moneys to pay the interest and principal on the due dates thereof together with the amount of bank fiscal agency charges. (b) The City covenants that it will not take any action to repeal, rescind or reduce the pledge of EDIT Revenues so long as the bonds authorized hereunder are outstanding. -23- a Online Capysfrom CityOfJeff.net - City Clerk i I (c) The City has not pledged or otherwise encumbered the EDIT Revenues and there are no prior liens, encumbrances or other restrictions on the EDIT Revenues or on the City's ability to pledge the EDIT Revenues. Section 11. Additional Bonds. The City reserves the right to authorize and issue additional BANs at any time ranking on a parity with the BANs. The City also reserves the right to authorize and issue additional bonds or other obligations payable from EDIT Revenues ranking on a parity with the bonds authorized by this ordinance ( "Parity Obligations "), subject to the following conditions: (a) all interest and principal payments and all rental payments with respect to all obligations payable from the EDIT Revenues shall have been paid to date in accordance with the terms thereof with no payment in arrears and all required payments into the Revenue Fund shall been made in accordance with the terms of this ordinance; y (b) for Parity Obligations without a property tax backup authorized to pay such Parity 1 Obligations, the City shall have received a certificate prepared by an independent, qualified I k i accountant or feasibility consultant ( "Certifier ") certifying the amount of the City's distributive share of EDIT estimated to be received by the City in each succeeding year, adjusted as provided below, shall be at least equal to 125% of the lease rental and principal and interest requirements 1 of the outstanding bonds and the proposed Parity Obligations. The City shall approve and i confirm the figures and estimates set forth by the Certifier in a certificate delivered to the City by the Certifier. If the Parity Obligations will be secured by an unlimited property tax levy, the 1 requirements of this paragraph (b) need not be met. i i , i 3 f i -24- Online Cot2p2y8E.torn CityOfJeff.net - City Clerk { 1 t i 1 1 i (c) principal of Parity Obligations shall be payable semiannually on January 15 and i July 15 and interest on any Parity Obligations shall be payable semiannually on January 15 and July 15. Section 12. Defeasance. If, when the bonds issued hereunder or any portion thereof 1 i shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the bonds or any portion thereof for redemption I I shall have been given, and the whole amount of the principal and the interest and the premium, if 1 any, so due and payable upon all of the bonds or any portion thereof then outstanding shall be 1 I paid; or (i) sufficient moneys or (ii) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, the principal of and the interest on which when due will provide sufficient moneys for such purpose, shall be held in trust for such purpose, and provision shall also be made for paying all fees and expenses for the redemption, then and in that case the bonds issued hereunder or any designated portion thereof shall no longer be deemed outstanding or entitled to the pledge of the City's distributive 4 share of the EDIT Revenues. i 1 Section 13. Investment of Funds; Financial Records. (a) The Controller is hereby 1 8 authorized to invest moneys pursuant to IC 5- 1 -14 -3 and the provisions of this ordinance at a yield (subject to applicable requirements of federal law to insure such yield is then current market rate) to the extent necessary or advisable to preserve the exclusion from gross income of interest on the bonds and BANs under federal law. (b) The Controller shall keep full and accurate O p ate records of investment earnings and I 1 income from moneys held in the funds and accounts created or referenced herein. In order to i comply with the provisions of the ordinance, the Controller is hereby authorized and directed to i ! . -25- 1 Online CopyRrom CityOfJeff.net - City Clerk I I employ consultants or attorneys from time to time to advise the City as to requirements of federal law to preserve the tax exclusion. Section 14. Bond Anticipation Note Purchase Agreement. (a) The City, having satisfied all the statutory requirements for the issuance of its bonds, may elect to issue its BAN or i i BANs pursuant to a Bond Anticipation Note Purchase Agreement ( "BAN Purchase Agreement ") I to be entered into between the City and the purchaser of the BAN or BANs. The Common i i i Council hereby authorizes the issuance and execution of the BAN or BANs in lieu of initially 1 1 issuing bonds to provide interim financing for the Project until permanent financing becomes available. It shall not be necessary for the City to repeat the procedures for the issuance of its bonds, as the procedures followed before the issuance of the BAN or BANs are for all purposes i sufficient to authorize the issuance of the bonds and the use of the proceeds to repay the BAN or 1 BANs. (b) The Mayor and the Controller are hereby authorized and directed to execute a 1 BAN Purchase Agreement in such form or substance as they shall approve acting upon the advice of counsel. The Mayor, the Controller and the Clerk may also take such other actions or Y I deliver such other certificates as are necessary or desirable in connection with the issuance of the l BANs or the bonds and the other documents needed for the financing as they deem necessary or desirable in connection therewith. 1 1 Section 15. Further Covenants of the City; Contract with Bondholders. (a) The 1 I provisions of this ordinance shall constitute a contract by and between the City and the owners of i i the bonds. After the issuance of the bonds, this ordinance or the definition of, the manner of I collecting and distributing, or pledge of EDIT Revenues or the lien created by this ordinance, shall not be repealed or amended (except as specifically provided in Sections 16 and 17), or i -26- Online Capty8fitorn CityOfJeff.net - City Clerk impaired in any respect which will adversely affect the rights of owners of the bonds, nor shall the City adopt any law, resolution, order or ordinance which in any way adversely affects the rights of such owners so long as any of the bonds or the interest thereon remains unpaid. (b) The City will take no action to rescind the EDIT or to reduce the EDIT rate below a rate that would produce EDIT Revenues of at least one and twenty -five hundredths (1.25) times the highest annual debt service on the bonds to their final maturity based upon a study by a qualified public accountant or financial advisor. Section 16. Supplemental Ordinances. The Council may, without the consent of, or notice to, any of the owners of the BANs or bonds, adopt a supplemental ordinance for any one or more of the following purposes: (a) To cure any ambiguity or formal defect or omission in this ordinance; (b) To grant to or confer upon the owners of the bonds or BANs any additional benefits, rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the owners of the bonds and BANs; (c) To modify, amend or supplement this ordinance to permit the qualification of the BANs or bonds for sale under the securities laws of the United States of America or of any of the states of the United States of America or the qualification of this ordinance under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect if such modification, amendment or supplement will not have a material adverse effect on the owners of the bonds or BANs; (d) To provide for the refunding or advance refunding of all or a portion of the bonds; (e) To provide for the issuance of Parity Obligations by the City; or e 1 -27- Online Gopysfirom City0fJeff.net - City Clerk i i i i I (f) Any other purpose which does not adversely affect the interests of the owners of 1 i the BANs or bonds in any material way. i Section 17. Amendments with Consent of Bondholders. The owners of not less than fifty -one percent (51%) in aggregate principal amount of the bonds then outstanding who are, in the sole judgment of the City, affected shall have the right, from time to time, anything contained in the ordinance to the contrary notwithstanding, to consent to and approve the adoption by the 1 1 Council of such supplemental ordinances as shall be deemed necessary and desirable by the 1 1 Council for the purpose of modifying, altering, amending, adding to or rescinding, in any 3 particular, any of the terms or provisions contained in this ordinance or in any supplemental 1 1 i ordinance other than those provisions covered by Section 16; provided however, that nothing in this Section shall permit, or be construed as permitting, without the consent of the owners of all i t the then outstanding bonds affected, any of the following: (a) an extension of the maturity, or a mandatory sinking fund redemption schedule, of the principal of and interest on any bonds 1 I payable from EDIT Revenues, (b) a reduction in the principal amount of any bond or change in 1 the rate of interest, (c) a privilege or priority of any bond or bonds over any other bond or bonds, I 1 (d) a reduction in the aggregate principal amount of the bonds required for consent to such the creation of any lien securing any bonds other than a lien ratably supplemental ordinance, (e ) Y g i securing all of the bonds at any time outstanding hereunder (except as now provided in this method of accrual of interest on any bonds. ordinance), or (f) a change in the m Y 6 If at any time the Council desires to adopt a supplemental ordinance for any of the i purposes set forth in this Section, the City shall cause notice of the proposed adoption of such I supplemental ordinance to be mailed by registered or certified mail to each owner of a bond at I the address shown on the registration books maintained by the Registrar. Such notice shall 1 i 1 3 -28- 1 Online Copty8Eit2orn CityOfJeff.net - City Clerk 1 I t i briefly set forth the nature of the proposed supplemental ordinance and shall state that copies thereof are on file at its office for inspection by all owners of bonds. If, within 60 days, or such longer period as shall be prescribed by the City, following the mailing of such notice, the owners of not less than fifty -one percent (51%) in aggregate principal amount of the bonds outstanding at the time of the execution of any such supplemental ordinance shall have consented to and i i I approved the execution of such supplemental ordinance, no owner of any bond shall have any I right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City from adopting the same or from taking any action pursuant to the provisions thereof Upon the such supplemental ordinance as is permitted and provided by this Section, this adoption of any suc pp p p y I ordinance shall be and be deemed to be modified and amended in accordance therewith. Any consent, request, direction, approval, objection or other instrument required by this 3 ordinance to be signed and executed by the owners of the bonds may be in any number of concurrent writings of similar tenor and may be signed or executed by such owners of the bonds i i in person or by agent appointed in writing. Proof of the execution of any such consent, request, i direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of the bonds, if made in the following manner, shall be sufficient for any of the a 1 purposes of this ordinance, and shall be conclusive in favor of the City with regard to any action taken by it or them under such request or other instrument, namely: (i) The fact and date of the execution by any person of any such writing may 1 I be proved (i) by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such writing i i 4 i -29- I Online Ciapyaftorn CityOfJeff.net - City Clerk 1 I 1 acknowledged before him the execution thereof, or (ii) by an affidavit of any witness to such execution. (ii) The fact of ownership of bonds and the amount or amounts, numbers and other identification of bonds, and the date of holding the same shall be proved by the registration books maintained by the Registrar. Section 18. Tax Covenants and Representations. In order to preserve the exclusion of interest on the bonds and BANs from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as existing on the date of issuance of the bonds or BANs and the Regulations in effect and applicable on the date of issuance of the bonds or BANs, as the case may be (collectively, "Code ") and as an inducement to purchasers of the bonds and BANs, the Council ' g represents, covenants and agrees that: p (a) The Project will be available for use by members of the general public. Use by a member of the general public means use by natural persons not engaged in a trade or business. No person or entity other than the City or another state or local governmental unit will use more than 10% of the proceeds of the bonds or BANs or property financed b p P p Y by the bond or BAN proceeds other than as a member of the general public. No person or entity other than the City or 1 governmental unit will own property financed by bond or BAN another state or loca go p p y y proceeds or p will have any actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, arrangements such as take -or -pay or output contracts or any other type of arrangement that conveys other special legal entitlements and differentiates that person's or entity's use of such property from use by the general public, unless such uses in the aggregate relate to no more than 10% of the proceeds of the bonds or BANs, as the case may be. -30- Online GopipErom CityOfJeff.net - City Clerk � 1 � f (b) No more than 10% of the principal of or interest on the bonds or BANs is (under the terms of the bonds or BANs, this ordinance or any underlying arrangement), directly or indirectly, secured by an interest in property used or to be used for any private business use or payments in respect of any private business use or payments in respect of such property or to be derived from payments (whether or not to the City) in respect of such property or borrowed money used or to be used for a private business use. (c) No more than 5% of the bond or BAN proceeds will be loaned to any person or entity other than another state or local governmental unit. No more than 5% of the bond or BAN proceeds will be transferred, directly or indirectly, or deemed transferred to a nongovernmental person in any manner that would in substance constitute a loan of the bond or BAN proceeds. (d) The City reasonably expects, as of the date hereof, that the bonds and BANs will not meet either the private business use test described in paragraph (a) and (b) above or the private loan test described in paragraph (c) above during the entire term of the bonds or BANs, as the case may be. (e) No more than 5% of the proceeds of the bonds or BANs will be attributable to private business use as described in (a) and private security or payments described in (b) attributable to unrelated or disproportionate private business use. For this purpose, the private business use test is applied by taking into account only use that is not related to any governmental use of proceeds of the issue (Unrelated Use) and use that is related but disproportionate to any governmental use of those proceeds (Disproportionate Use). (f) The City will not take any action nor fail to take any action with respect to the bonds or BANs that would result in the loss of the exclusion from gross income for federal tax purposes on the bonds or BANs pursuant to Section 103 of the Code, nor will the City act in any { { -31 Online GopirErorn CityOfJeff.net - City Clerk 1 other manner which would adversely affect such exclusion. The City covenants and agrees not to enter into any contracts or arrangements which would cause the bonds or BANs to be treated as private activity bonds under Section 141 of the Code. (g) It shall be not an event of default under this ordinance if the interest on any bond or BAN is not excludable from gross income for federal tax purposes or otherwise pursuant to any provision of the Code which is not currently in effect and in existence on the date of issuance of the bonds or BANs, as the case may be. (h) These covenants are based solely on current law in effect and in existence on the } date of delivery of such bonds and BANs, as the case may be. (i) The City represents that it will rebate any arbitrage profits to the United States in accordance with the Code. Section 19. Noncompliance with Tax Covenants. Notwithstanding any other provisions of this ordinance, the covenants and authorizations contained in this ordinance ( "Tax Sections ") which are designed to preserve the exclusion of interest on the bonds and BANs from gross income under federal law ( "Tax Exemption ") need not be complied with if the City receives an opinion of nationally recognized bond counsel that compliance with any Tax Section is unnecessary to preserve the Tax Exemption. Section 20. Debt Limit Not Exceeded. The City represents and covenants that the bonds and BANs herein authorized, when combined with other outstanding indebtedness of the City, will not exceed any applicable constitutional or statutory limitation on the City's indebtedness. -32- Online G w rom CityOfJeff.net - City Clerk 4 x g 1 1 Section 21. Severability. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. Section 22. Headings. The headings or titles of the several sections shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this ordinance. Section 23. Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 24. Effective Date. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. } 4 # t t�t s ippp { -33- Online C''4 ,; c rorn Ci OfJ ff.n - City Clerk y 1 4 Y PASSED and adopted by the Common Council of the City of Jeffersonville, Indiana, this (10 f day of ©C-k ber- , 2012. COMMON COUNCIL OF THE CITY OF JEFF SONVILLE, INDIANA 1 'residing Offi er/ ATTEST: 1 2-6k-t - aYLL)c Clerk Presented by me to the Mayor of the City of Jeffersonville, Indiana, this a day of Y Y tY Y Oc kbe r , 2012, at : 3co'clock m. (fe e611 Clerk Signed and approved by me, the Mayor of the City of Jeffersonville, Indiana, on this day of Or SNP r , 2012, ate : &o'clockPm. Mayor p T 4 Online Copm8Erom City0Llartnet - City leg _ t I and youth football programs. The Youth Activities Center building is an integral part of the Woehrle Youth Athletic Complex and is comprised of a two story building designed to support both indoor and outdoor functions. The 20,700 square foot building contains a large open Field House, a support area, and an upper mezzanine. The support area contains a concessions stand with both indoor and outdoor sales windows, restrooms with both indoor and outdoor direct access, JPA and CCSA office areas, an Events Sales and marketing space, an officials room, and a meeting /training space for forty persons. The upper mezzanine overlooks the Field House and contains two large additional Activities Rooms, an open Activities Support Area, two storage and mechanical spaces, a bleacher seating area, and a walking track around the entire perimeter of the Field House. The upper level is accessible via a large passenger elevator. The Field House is designed for flexibility of use and incorporates layouts to transform the area's I use for: (1) U -8 soccer field, (2) basketball courts, (2) futsal pitches, (3) volleyball courts, (3) tennis courts, (7) baseball /softball batting tunnels, (6 -mat) wrestling arena, (8 -mat) martial arts arena, (2 -gym) gymnastics venue, (18- table) table tennis venue, exercise, parties, events, meetings, trade shows, or any other use that a large flexible indoor facility affords. II. The project is a public - private partnership between the Jeffersonville Parks Authority (JPA) and the Clark County Soccer Association (CCSA), a non - profit 501c3 soccer organization. CCSA will contribute their existing 23.14 acre site for development into a complex housing multiple fields to serve both youth soccer and youth football programs. The development includes a single Premiere Turf Field, which can facilitate either a full size soccer field or a regulation football field. In addition, the site will include an additional four full size soccer fields of space and a second youth football field. Each of these full size soccer field areas can be reconfigured to be either a single U -13 field, two U -10 fields, four U -8 fields, or any combination throughout, thus giving the complex great flexibility of use and adaptability. The Premiere Field includes bleacher seating for just under 2,000 and a pressbox for announcing and activity review. Also, all field areas would include sports lighting systems and lawn irrigation. The site also includes a playground with modern equipment for multiple age groups, a Picnic Shelter, a paved Special Events Vendors space, a paved accessible pathway through the site, parking for over 400 vehicles, and a system of Bio- Detention Ponds. III. The Vissing Park project is a transformation of an old, existing, neglected park area into a vibrant and modern park for the surrounding neighborhoods and entire community. It is comprised of a multitude of structures and spaces to serve a wide variety of activities, functions, and services. The site consists of 39 acres of land, which is comprised of Park North and Park South, divided by a stream protected with a natural Riparian Zone on both sides of its banks. Park North contains a central Restroom Facility, two a playground with modern equipment for multi le a e groups, Shelter House Pavilions, p yg two basketball p g g p courts, a Bio- Detention Pond, an open Terrace Lawn, a large Active Recreation Lawn, provisions for a future Dog Park, and two separate parking lots to support all functions on site. Park South contains two lighted Softball Fields for adult programs, dugouts and bleachers on both fields, a central Press Box with restrooms and concessions, a playground with modern equipment for multiple age groups, two Practice Green areas with batting tunnels, a Portico with high -top table seating, an array of low seat walls throughout, and a Maintenance Building to service the entire park. Improvements leading to the site will be made as part of the greater scope of work, including bringing water, sewer, electric and sidewalks to the park from the main feeder streets serving the area. Over half of the park will remain densely forested with a system of constructed woodland walking trails. In addition, there is a planned system of accessible paved walks and pathways throughout the entire park to promote walking, jogging, and wellness use. Several miles of total paths are provided. -35- Online Ormyclirom City0fieff.net - City Clerk („ APPROPRIATION ORDINANCE CITY OF JEFFERSONVILLE INDIANA ' ORDINANCE NO. 9 WHEREAS, the Common Council ( "Council ") of the City of Jeffersonville, Indiana ("City"), has determined has determined to finance certain park improvements at Vissing Park ( "Project ") as described in an ordinance adopted by the Council on September _, 2012; and WHEREAS, the Council has determined that the estimated cost of the Project, and the incidental expenses necessary to be incurred in connection with the Project and with the issuance of bonds and bond anticipation notes ( "BANs ") to finance the Project will be in an amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000); and WHEREAS, the Council has determined to issue the bonds and BANs to fund the costs of the Project in an aggregate amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000); and WHEREAS, there has been published a notice of a public hearing on the appropriation of the proceeds of the bonds and BANs to be held on this date; the hearing has been held and the Council has considered the evidence presented at the hearing; and WHEREAS, the Council now finds that the City has no funds available or provided for in the existing budget and tax levy which may be applied to the cost of the Project, and that an extraordinary emergency exists for the making of the additional appropriation hereinafter set out; 1 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA THAT: Section 1. The Council finds that all proceedings required before appropriation of the proceeds of the bonds and BANs have been accomplished and completed. Section 2. For the purpose of paying the costs of the Project, and incidental expenses necessary to be incurred with the Project and with the issuance of the bonds and BANs, an amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000) shall be appropriated from the proceeds of the bonds and BANs. Section 3. The Controller is directed to submit and certify this ordinance and the related proceedings to the Department of Local Government Finance. Cr' 1/2926884.1 Online Copy From CityOfJeff.net - City Clerk NOTICE TO TAXPAYERS OF PUBLIC HEARING ON ADDITIONAL APPROPRIATION Notice is hereby given to taxpayers of the City of Jeffersonville, Indiana ( "City "), that the Common Council ( "Council ") of the City will meet at the City Hall, Jeffersonville, Indiana, at _ p.m. on September _ , 2012 to conduct a public hearing and consider the appropriation of the funds of the City in an amount not to exceed Three Million Five Hundred Thousand Dollars ($3,500,000) to be applied on the costs of completing certain park improvements at Vissing Park and the incidental expenses in connection therewith. The funds to meet this appropriation are to be provided by the issuance and sale of bonds and bond anticipation notes of the City. The foregoing appropriation is in addition to all appropriations provided for in the existing budgets and levies. Taxpayers of the City appearing at the hearing shall have a right to be heard in respect of this additional appropriation. Dated this _ day of September, 2012. /s/ Monica Harmon Controller, Jeffersonville, Indiana [Publish one time in The Evening News at least 10 days prior to the public hearing] (I; 1/2926884.1 Online Copy From CityOfJeff.net - City Clerk 1 i 1 I i ; C-0, / Passed and adopted by the Common Council of the City of Jeffersonville, Indiana, this day f Y September, 2012. Oc-fbber COMMON COUNCIL OF THE CITY OF JEFFERSONVIL E, INDIANA i , / / V 'residing Offi e I X i i ATTEST: i r eekitZ f i Clerk I i I Presented by me to the Mayor of the City of Jeffersonville on the ..L day of i I 0( tb , 2012, at the hour of 3 : 3a . Co i 1:ekt Clerk I F This ordinance approved and signed by me, the Mayor of the City of Jeffersonville, on the 3 day of Oc r-- , 2012, at the hour of . .5 ,,. 1 . 1 k./ •, Mayor t Coe - 2 s I/2926884.1 I Online Copy From City0fJeffnet M, City Clerk i