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with respect to the Bonds (the "Con arming Letter of Credit"). Moreover, the Borrower has <br />requested that the maturity date of the Bonds be extended from April 1, 2027 to April 1, 2033. <br />There have been submitted to this Council proposed forms of: <br />(i) the Amended and Restated Trust Indenture (the "Amended and Restated <br />Indenture") between the City and U.S. Bank National Association, as trustee (the <br />"Trustee"), pertaining to the Bonds, which Amended and Restated Indenture, among <br />other things, permits the addition of the Confirming Letter of Credit and the extension of <br />the maturity date of the Bonds to April 1, 2033; and <br />(ii) the Amended and Restated Loan Agreement (the "Amended and Restated <br />Agreement")between the City and the Borrower. <br />The Common Council conducted a public hearing on October 12, 2009 on the proposed <br />execution and delivery of the Amended and Restated Indenture and the Amended and Restated <br />Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity <br />date of the Bonds until April 1, 2033, and, believes that such proposed matters will be of benefit <br />to the health or general welfare of the citizens of South Bend, Indiana and complies with the <br />purposes and provisions of the Act. <br />The City, in connection with the delivery of the Confirming Letter of Credit and the <br />extension of the maturity date of the Bonds, wishes to amend, supplement and restate (i) that <br />certain Trust Indenture, dated January 1, 2007, between the City and the Trustee (the "Original <br />Indenture"), as set forth in the Amended and Restated Indenture, and (ii) that certain Loan <br />Agreement, dated January 1, 2007, between the City and the Trustee (the "Original Agreement"), <br />as set forth in the Amended and Restated Agreement. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />SECTION 1. Incorporation of Recitals. The recitals contained in this Ordinance and in <br />the Original Ordinance are true and correct and are incorporated in this Ordinance by this <br />reference. <br />SECTION 2. Incorporation of Previous Findings. Each of the findings which are <br />contained in the Original Ordinance is true and correct and is incorporated in this Ordinance by <br />this reference. <br />SECTION 3. Findings; Public Benefits. This Council finds that the execution and <br />delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the <br />delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds <br />until April 1, 2033 (i) will be of benefit to the health and general welfare of the City and its <br />citizens, and (ii) complies with the purposes and provisions of the Act. <br />SECTION 4. Authorizations. The Council hereby authorizes the execution and delivery <br />of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery <br />of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until <br />2 <br />