2007-0331
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(BOND COUNSEL)
ORDINANCE NO. __________
Title
An ordinance accepting the bid of ________________, of _____________, ______________, for the purchase of Twenty-Seven Million Four Hundred Thousand Dollars ($27,400,000) of Public Improvement Bonds, Series ST-2008, of the Parish of St. Charles, State of Louisiana.
Body
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated November 5, 2007, published in the manner required by law, and pursuant to the provisions of a resolution adopted by the St. Charles Parish Council, the governing authority of the Parish of St. Charles, State of Louisiana (the "Issuer"), on November 5, 2007, bids were solicited for the purchase of Twenty-Seven Million Four Hundred Thousand Dollars ($27,400,000) of Public Improvement Bonds, Series ST-2008, of the Issuer (the "Bonds"), on December 3, 2007; and
WHEREAS, __________ (___) bids were received for the purchase of the Bonds; and
WHEREAS, this Parish Council has found and determined and does hereby find and determine that the bid submitted by ____________________, of _____________, ______________(the APurchaser@) complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Parish Council desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT ORDAINED by the St. Charles Parish Council (the AGoverning Authority@), acting as the governing authority of the Parish of St. Charles, State of Louisiana (the AIssuer@), that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. The good faith deposit in the amount of $274,000 accompanying said bid is hereby accepted in accordance with and subject to said Official Notice of Bond Sale. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of the purchase price thereof .
SECTION 4. The Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the Chairman and Secretary of the Governing Authority are hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
SECTION 5. The foregoing ordinance shall take effect immediately upon its adoption.
Vote
This ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted on this, the _____ day of ___________, 2008.
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________
EXHIBIT "A"
(COPY OF SUCCESSFUL BID)
EXHIBIT "B"
OFFICIAL STATEMENT CERTIFICATE
I, the undersigned Secretary of the St. Charles Parish Council, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Twenty-Seven Million Four Hundred Thousand Dollars ($27,400,000) of Public Improvement Bonds, Series ST-2008 of the Parish of St. Charles, State of Louisiana (the ABonds"), DO HEREBY CERTIFY:
THAT, at the time of payment for and delivery of the Bonds and at the date hereof, (i) the descriptions and statements, including financial data, of or pertaining to the Parish of St. Charles, State of Louisiana (the "Issuer") on the date of the Preliminary Official Statement, on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery thereof, were and are true in all material respects, and, insofar as such matters are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, and (ii) insofar as the descriptions and statements, including financial data, of or pertaining to governmental and/or non-governmental entities other than the Issuer and its activities, contained in the Official Statement are concerned, such descriptions, statements and data have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect, and (iii) there has been no adverse material change in the affairs of the Issuer between the date of the delivery of the Official Statement and the date of delivery of the Bonds.
PARISH OF ST. CHARLES,
STATE OF LOUISIANA
By:_____________________________________
Secretary
Dated : ______________, 2008 (Date of Delivery)