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ORDINANCE NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA CONCERNING THE CURRENT REFUNDING OF OUTSTANDING <br />WATERWORKS REVENUE BONDS OF 2000 AND 2006, EACH ISSUED TO <br />FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL <br />WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE <br />ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL <br />AMOUNT NOT TO EXCEED THREE MILLION SEVEN HUNDRED TWENTY <br />THOUSAND ($3,720,000); ADDRESSING OTHER MATTERS CONNECTED <br />THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF <br />BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH <br />STATEMENT OF PURPOSE AND INTENT <br />The City of South Bend, Indiana (the "City ") has heretofore established, constructed and <br />financed a municipal waterworks and now owns and operates said works pursuant to I.C. 8 -1.5, <br />as amended, and other applicable laws (together, the "Act "). <br />The City's Municipal Waterworks Utility is subject to the authority and regulation of the <br />Indiana Utility Regulatory Commission ( "IURC ") and has not withdrawn from the IURC's <br />authority and regulation. <br />The Common Council of the City (the "Council ") previously found in its Ordinance No. <br />9095 -00 adopted by the Council on February 28, 2000 (the "2000 Ordinance ") and in its <br />Ordinance No. 9603 -05 adopted by the Council on July 25, 2005 (the "2005 Ordinance "), that <br />certain improvements to said works were necessary; and that plans, specifications and estimates <br />had been prepared and filed by the engineers employed by the City for the acquisition and <br />construction of said improvements (as described more fully on the respective Exhibit A to both <br />the 2000 Ordinance and 2005 Ordinance) (collectively, the "Project"), which plans and <br />specifications or other pertinent information were in a timely fashion submitted to all government <br />authorities having jurisdiction thereover, particularly the Indiana Department of Environmental <br />Management ( "IDEM "), and were approved by the aforesaid government authorities. <br />Pursuant to the 2002 Ordinance, the City issued its "Waterworks Revenue Bonds of <br />2000" dated June 12, 2000 (the "2000 Bonds ") originally issued in the amount of $2,600,000, <br />now outstanding in the amount of $698,431, with a final maturity of January 1, 2020. <br />Pursuant to the 2005 Ordinance, the City issued its "Waterworks Revenue Bonds of <br />2006" dated June 1, 2006 (the "2006 Bonds ") originally issued in the amount of $4,710,000, now <br />outstanding in the amount of $3,090,000, with a final maturity of January 1, 2027. <br />