080-18 - NJ-SP Notice of Intent to Sell Bonds
NOTICE OF INTENT TO SELL BONDS
NORTH JUDSON-SAN PIERRE SCHOOL CORPORATION
General Obligation Bonds of 2018
Upon not less than twenty-four (24) hours notice given by telephone by the undersigned Secretary prior to the ninetieth day after this notice is first published, North Judson-San Pierre School Corporation (the “Corporation”) will receive and consider bids for the purchase of the Corporation’s General Obligation Bonds of 2018 (the “Bonds”). Any person interested in submitting a bid for the Bonds must furnish in writing to the North Judson-San Pierre School Corporation c/o H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, Indianapolis, Indiana 46240, phone: (317) 465-1500, facsimile: (317) 465-1550 or by e-mail to firstname.lastname@example.org on or before 2:00 p.m. (Indianapolis Time) May 30, 2018, the person’s name, address, and telephone number. Interested persons may also furnish a telecopy number. The Corporation will notify (or cause to be notified) each person so registered of the date and time bids will be received not less than twenty-four (24) hours before the date and time of sale. The notification shall be made by telephone at the number furnished by such person and also by telecopy, if a telecopy number has been received or by electronic e-mail, if an e-mail address has been received. It is anticipated that the sale will occur at 11:00 a.m. (Indianapolis Time) on June 6, 2018.
At the time designated for the sale, the Corporation will receive bids for the Bonds via PARITY®, in the manner described below, until 11:00 am, Indianapolis time, on the designated sale date. Bids may be submitted electronically via PARITY® pursuant to this Notice of Intent to Sell Bonds (the “Notice”) until 11:00 am, Indianapolis time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY® conflict with this Notice, the terms of this Notice shall control. For further information about PARITY®, potential bidders may contact the Corporation’s municipal advisor, H.J. Umbaugh & Associates, Certified Public Accountants, LLP at (317) 465-1500 or PARITY® at (212) 849-5021.
As an alternative to PARITY®, bidders may submit a sealed bid to the Corporation’s municipal advisor at the address described above until 11:00 am, Indianapolis time, on the date selected for the sale in the notice given by, or on behalf of the Corporation, twenty-four hours prior to the sale of the Bonds. Upon completion of the bidding procedures described herein, the results of the sealed, non-electronic bids received shall be compared to the electronic bids received by the Corporation.
The Bonds to be sold are described as follows:
General Obligation Bonds of 2018 of the North Judson-San Pierre School Corporation, an Indiana school corporation, in the principal amount of $1,100,000; Fully registered form; Denomination $5,000 and integral multiples thereof; Originally dated on the date of delivery of the Bonds; Bearing interest at a rate or rates to be determined by bidding, payable on July 15, 2019, and semiannually thereafter; The Bonds will be initially issued in a Book Entry System (as defined in the Bond Resolution hereinafter described) unless otherwise requested by the successful purchaser. Interest payable by check mailed one business day prior to the interest payment date or by wire transfer to depositories on the interest payment date to the person or depository in whose name each Bond is registered with the Registrar on the fifteenth day immediately preceding such interest payment date; Maturing or subject to mandatory redemption on January 15 and July 15 on the dates and in the amounts as follows:
July 15, 2019 $170,000
January 15, 2020 $175,000
July 15, 2020 $180,000
January 15, 2021 $185,000
July 15, 2021 $195,000
January 15, 2022 $195,000
The Bonds are NOT redeemable prior to maturity at the option of the Corporation.
A bid may designate that a given maturity or maturities shall constitute a term bond, and the semi-annual amounts set forth above shall constitute the mandatory sinking fund redemption requirements for such term bond or bonds. In the case of any redemption, at least 30 days’ notice will be given by mail to the registered owners of the Bonds to be redeemed, and accrued interest will be paid to the date fixed for redemption. Interest on the Bonds so called for redemption will cease on the redemption date fixed in said notice if funds are available at the place of redemption to redeem the Bonds so called on the date fixed in said notice, or thereafter when presented for payment.
For purposes of computing net interest cost, the mandatory redemption amounts shall be treated as maturing on the dates set forth in the schedule set forth above.
Each bid must be for all of the Bonds and must state the rate of interest which each maturity of the Bonds is to bear, stated in multiples of 1/8th or 1/100th of 1%. The maximum interest rate on the Bonds shall not exceed 4.00% per annum. All Bonds maturing on the same date shall bear the same rate, and the rate of interest bid for each maturity must be equal to or greater than the rate bid on the immediately preceding maturity. Bids shall set out the total amount of interest payable over the term of the Bonds and the net interest cost on the Bonds covered by the bid. No bid for less than 99.5% of the face value of the Bonds will be considered: The Bonds will be awarded to the highest qualified bidder who has submitted a bid in accordance herewith. The highest bidder will be the one who offers the lowest net interest cost to the Corporation, to be determined by computing the total interest on all of the Bonds to their maturities based upon the schedule provided by the Corporation prior to the sale and deducting therefrom the premium bid, if any, and adding thereto the discount bid, if any. No conditional bids will be considered. The right is reserved to reject any and all bids. If an acceptable bid is not received for the Bonds on the date of sale hereinbefore fixed, the sale may be continued from day to day thereafter, during which time no bids for less than the highest bid received at the time of the advertised sale will be considered.
Bidders must comply with the Rules of PARITY® in addition to the requirements of this Notice. To the extent there is a conflict between the Rules of PARITY® and this Notice, this Notice shall control. Bidders may change and submit bids as many times as they wish during the sale, but they may not withdraw a submitted bid. The last bid submitted by a bidder prior to the deadline for the receipt of bids will be compared to all other final bids to determine the winning bid. During the sale, no bidder will see any other bidder’s bid, nor will they see the status of their bid relative to other bids (e.g. whether their bid is a leading bid).
Each bid not submitted via PARITY® must be enclosed in a sealed envelope addressed to the Corporation and marked on the outside “Bid for General Obligation Bonds of 2018”. A good faith deposit (“Deposit”) in the form of cash, certified or cashier’s check or federal fund wire in the amount of $11,000 payable to the order of the Corporation is required to be submitted by the successful purchaser (the “Purchaser”) not later than 3:30 p.m. (Indianapolis time) on the next business day following the award. If such Deposit is not received by that time, the Corporation may reject the bid. No interest on the Deposit will accrue to the Purchaser. The Deposit will be applied to the purchase price of the Bonds. In the event the Purchaser fails to honor its accepted bid, the Deposit will be retained by the Corporation as liquidated damages.
The successful bidder shall make payment to the bank of the Corporation and accept delivery thereof from the Registrar and Paying Agent within five days after being notified that the Bonds are ready for delivery, at such place in the City of Indianapolis, Indiana, as the successful bidder may designate. The Bonds will be ready for delivery within 45 days after the date of sale. If the Corporation fails to have the Bonds ready for delivery prior to the close of banking hours on the forty-fifth day after the date of sale, the bidder may secure the release of his bid upon request in writing, filed with the Corporation. The successful bidder is expected to apply to a securities depository registered with the SEC to make such Bonds depository-eligible. At the time of delivery of the Bonds to the successful bidder, the bidder will be required to certify to the Corporation the initial reoffering price to the public of a substantial amount of each maturity of the Bonds.
All provisions of the bid form and the Preliminary Official Statement (as hereinafter defined) as incorporated herein. As set forth in the Preliminary Official Statement, the successful bidder agrees by submission of their bid to assist the Corporation in establishing the issue price of the Bonds under the terms outlined therein and shall execute and deliver to the Corporation at closing an “issue price” certificate, together with the supporting pricing wires or equivalent communications, with such modifications as may be appropriate or necessary, in the reasonable judgment of the successful purchaser, the Corporation and TWPeterson Law Office.
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder therefor to accept delivery of and pay for the Bonds in accordance with the terms of its proposal. No CUSIP identification number shall be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall hereafter attach to the Corporation or any of its officers or agents because of or on account of such numbers. All expenses in relation to the printing of CUSIP identification numbers on the Bonds shall be paid for by the Corporation; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the successful bidder. The successful bidder will also be responsible for any other fees or expenses it incurs in connection with the resale of the Bonds.
The approving opinion of TWPeterson Law Office, bond counsel of Indianapolis, Indiana, together with a transcript of the proceedings relating to the issuance of the Bonds and closing papers in the usual form showing no litigation questioning the validity of the Bonds, will be furnished to the successful bidder at the expense of the Corporation.
The Bonds are being issued for the purpose of financing technology, capital improvements and renovations to school buildings in the Corporation. All action has been taken and the Bonds are issued in compliance with the provisions of I.C. 20-48-1. The Bonds constitute an indebtedness only of the Corporation, payable in accordance with the terms of the Bonds. The Bonds will be direct obligations of the Corporation payable out of ad valorem taxes to be collected on the taxable property within the Corporation; however, the Corporation’s collection of the levy may be limited by operation of I.C. 6-1.1-20.6, which provides taxpayers with tax credits for property taxes attributable to different classes of property in an amount that exceeds certain percentages of the gross assessed value of that property. The Corporation is required by law to fully fund the payment of debt service on the Bonds in an amount sufficient to pay the debt service, regardless of any reduction in property tax collections due to the application of such tax credits. The Corporation may not be able to levy or collect additional property taxes to make up this short fall.
In the opinion of bond counsel, under the existing federal statutes, decisions, regulations and rulings, the interest on the Bonds is excludable from gross income for purposes of federal income taxation. Interest on the Bonds is exempt from income taxation in Indiana. . The Bonds have been designated as qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code.
The Corporation has prepared a preliminary official statement relating to the Bonds which it has deemed to be a nearly final official statement. A copy of the preliminary official statement may be obtained in limited quantities prior to submission of a bid by request from the Corporation’s municipal advisor. Within seven (7) business days of the sale, the Corporation will provide the successful bidder with up to 10 copies of the final official statement at the Corporation’s expense. Additional copies, at the purchaser’s expense, must be requested within five (5) business days of the sale. Inquiries concerning matters contained in the nearly final official statement must be made and pricing and other information necessary to complete the final Official Statement must be submitted by the successful bidder within two (2) business days following the sale to be included in the final official statement.
If a potential bidder has a question relating to the Corporation, the financing or the submission of bids, questions should be submitted by email to email@example.com and firstname.lastname@example.org no later than two days before the sale by 11:00 am (Indianapolis time). To the best of the Corporation’s ability, all questions will be addressed by the Corporation and sent to potential bidders, including any bidders requesting 24-hour notice of the sale, no later than two days prior to the sale by 5 pm (Indianapolis time). Additionally, the written responses will be emailed to any other interested bidder. Bidders should review this notice as well as the preliminary official statement and submit any questions in advance of this deadline to submit questions.
The School Corporation has agreed to enter into a Continuing Disclosure Undertaking in order to permit the successful purchaser to comply with the SEC Rule 15(c)2-12. A copy of such Agreement is available from the School Corporation or municipal advisor at the addresses below.
Further information relative to said issue and a copy of the nearly final official statement may be obtained upon application to H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, Indianapolis, Indiana 46240, phone: (317) 465-1500, (facsimile: (317) 465-1550, municipal advisor to the North Judson-San Pierre School Corporation; or Mr. Guy Richie, North Judson-San Pierre School Corporation, 801 Campbell Drive, North Judson, Indiana. If bids are submitted by mail, they should be addressed to the Corporation, in care of H.J. Umbaugh & Associates, Certified Public Accountants, LLP, 8365 Keystone Crossing, Suite 300, Indianapolis, Indiana 46240.
Dated this 2nd day of May, 2018.
Board of School Trustees
North Judson-San Pierre School Corporation
080-18 G 05/02, 05/09