9971-09 Amending ordinance 9951-09 entitled the Authorizing of acquistion, construction, and installation

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ORDINANCE NO. ~ (~~ J AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9951-09 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), has previously adopted Ordinance No. 9951-09 on August 10, 2009 (the "Bond Ordnance"), authorizing the issuance of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($4,600,000.00) (the "Bonds"). The City expected to sell its Bonds to the Indiana Finance Authority (the "Authority") pursuant to the Bond Ordinance in the amount of Three Million One Hundred Thousand and 00/100 Dollars ($3,100,000.00) pursuant to the State Revolving Fund Loan Program (t'~e "SRF Program"j. The SRF Program will make additional funds available to the City and a~ a result the City can issue an additional One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00) of its sewage works revenue bonds (equal to the amount authorized by the Bond Ordinance) to finance a project in addition to the Project described in the Bond Ordinance. The Common Council desires to amend the Bond Ordinance to include the additional project expected to be funded by the additional bond proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The section of the Bond Ordinance labeled Section II. Description of the Project shall be amended as follows: Description of the Project. The Project collectively consists of (a) the acquisition, construction, installation and equipping of the following project known as "CSONet Phase 2 improvements" which include flow measurement instruments and control valves and sewer piping changes to actuate real time monitoring and control at various CSO diversion BDUBQI 5861E:~?vl