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SPECIAL MEETING NOVEMBER 9, 1988 <br />WHEREAS, the Common Council of the City of South Bend, <br />Indiana (the "Common Council"), in its Resolution No. 1584-88 on <br />January 4, 1988 ratified the designation of the Soutn Bend <br />Wastewater Board of Commissioners by the Mayor of South Bend as <br />the certified and approved management agency for the control of <br />water pollution sources within its area of legal jurisdiction; <br />and <br />WHEREAS, the Common Council in its Resolution No. 1583-88 on <br />January 4, 1988 authorized and directed John E. Leszczynski, <br />president of the Wastewater Board of Directors, to submit <br />applications for grants to the U.S. Environmental Protection <br />Agency (the "E.P.A.") for Federal assistance under the Federal <br />Water Pollution Control Act Amendments of 1972 and to act as <br />representative of the City in connection with said application; <br />and <br />WHEREAS, the Wastewater Board of Commissioners in its <br />Resolution No. 1-1988 on January 5, 1988 indicated its <br />concurrence with the facility planning report recommending <br />certain improvements to the City of South Bend treatment and <br />disposal facilities subject to public acceptance at the public <br />hearing scheduled February 25, 1988 and with the City's intent to <br />construct, operate and maintain such proposed facilities in <br />accordance with state and federal requirements; and <br />WHEREAS, the Board of Public Works in its Resolution No. <br />27-1988 adopted on September 26, 1988 acknowledged its historical <br />exercise of authority over the construction, acquisition, <br />improvement, operating and maintenance of sewage waters pursuant <br />to IC 36-9-23-3 and ratified and assumed responsibility for all <br />contracts entered into by the Board of Public Works acting under <br />the title of "Board of Wastewater Commissioners" prior to <br />September 26, 1988; and <br />WHEREAS, the Board of Public Works desires to further <br />acknowledge and ratify the actions taken by the Wastewater Board <br />of Commissioners concerning the Grants; and <br />WHEREAS, the Indiana Department of Environmental Management <br />(the "I.D.E.M."), acting pursuant to 33 U.S.C. 1251, et seq. and <br />IC 13-7, et seq., on August 16, 1988 issued a revised National <br />Pollution Discharge Elimination System (the "NPDES") permit to <br />the City which establishes new effluent limitations for the <br />operations of the Plant and revoked the prior NPDES permit issued <br />by the I.D.E.M. on September 16, 1985; and <br />WHEREAS, compliance with the requirements of the NPDES <br />permit by the Board of Public Works will require the construction <br />of certain improvements to the Plant (the "Improvements"); and <br />WHEREAS, the City applied for grants from the E.P.A. and <br />from the I.D.E.M. in the amount of Twelve Million Twenty -Three <br />Thousand Eight Hundred Twenty-six Dollars ($12,023,826.00) and <br />Three Million Six Hundred Sixty-seven Thousand Eight Hundred <br />Twenty-five Dollars ($3,667,825.00) respectively (hereinafter <br />referred to collectively as the "Grants") to construct the <br />Improvements; and <br />WHEREAS, the City has been awarded a total of Thirteen <br />Million Seven Hundred Fifty-four Thousand Three Hundred <br />Twenty-five Dollars ($13,754,325) pursuant to the Grants <br />consisting of Ten Million Eighty-six Thousand Five Hundred Five <br />Dollars ($10,086,505) from the E.P.A. and Three Million Six <br />Hundred Sixty-seven Thousand Eight Hundred Twenty Dollars <br />($3,667,820) from the I.D.E.M. but in order to finance the <br />balance of the cost of the Improvements it will be necessary to <br />issue Waste Water Treatment Plant Revenue Bonds (the "Revenue <br />L', <br />1 <br />