9703-06 Amend Ordinance # 8919-98 to Clarify the project and approve the state revolving loan funds for Hydraulic Improvements

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ORDINANCE NO. ~ ~ 0 3 `DSO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 8919-98 TO CLARIFY THE SCOPE OF THE MUNICIPAL SEWAGE WORKS PROJECT THEREIN DESCRIBED AND TO APPROVE USE OF THE STATE REVOLVING LOAN FUNDS BALANCE OF $638,682 FOR HYDRAULIC IMPROVEMENTS STATEMENT OF PURPOSE AND INTENT On June 22, 1998 this South Bend Common Council passed Ordinance No. 8919-98 concerning the construction of extensions and improvements to South Bend's Sewage Works facility and which authorized the issuance of Revenue Bonds not to exceed Twenty Four Million Ninety Five Thousand Dollars ($24,095,000). State Revolving Fund loan (SRF) proceeds were a source of funds for the construction Project described and approved in Ordinance 8919-98, of which $638,682 remains available for Project use. These funds are paid by the State of Indiana directly to the Project vendors. The City's Municipal Sewage Works construction project requires additional modification to help alleviate hydraulic constraints (bottlenecks) through the primary and secondary portions of the plant to increase peak wet weather flows that can be processed through the plant. Such modification will enable the City to comply with federal mandate to maximize flows treated by the waste water treatment plant, and to effectuate its CSO (Combined Sewer Overflow) long term control plan. This proposed Project modification is directly related to the purpose and intent of Ordinance No. 8919-98, that is, to improve the secondary treatment system in South Bend's wastewater treatment plant, but Section 2 of Ordinance No. 8919-98 should be modified to explicitly include the proposed Project modification. Although actual cost estimates of the Project modification have not yet been made, funds of $638,682 remain from the original Project, and should be applied to this modification project. Such funds are expected to be sufficient to complete The Project, as modified. The Project modification has been approved by the Indiana State Revolving Loan Fund Program. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Section 2 of Ordinance No. 8919-98 which describes the improvements to the City's Municipal Sewage Works (The Project) to be paid for by revenue bonds, should be amended to include the costs of improving the hydraulic system at the City's wastewater treatment plant in order to increase the peak wet weather flows that can be processed through the plant. The costs of such improvements shall include all necessary and related expenses of construction including but not limited to design, planning, analysis, as well as actual construction. The South Bend Board of Public Works (The Board) shall supervise The Project as modified in compliance with state law (Ind. Code § 36-1-12-1 et sew.), and shall enter into all contracts necessary or appropriate for such purpose. All designs, plans, specifications and cost