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ORDINANCE NO. ~, ~~ S ~ -~~ <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND <br />INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND <br />IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE <br />AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE <br />FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE <br />COLLECTION, SEGREGATION AND DISTRIBUTION OF THE <br />REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS <br />STATEMENT OF PURPOSE AND INTENT <br />The City of South Bend, Indiana (the "City"), presently owns and operates a sewage <br />works by and through its Board of Public Works (the "Board") for the collection and treatment <br />of sewage and other wastes (the "Sewage Works" or the "Works"), pursuant to the provisions of <br />Indiana Code 36-9-23, as amended (the "Act''). The Board has determined and recommended to <br />the Common Council of the City (the "Common Council") that certain additions, extensions and <br />improvements to the Sewage Works, as described herein, are necessary. The Board has <br />employed McCormick Engineering, LLC, Lawson-Fisher Associates, P.C., Jones and Henry <br />Engineers, Ltd., The Troyer Group, Inc., Gary A. Gilot and Carl P. Littrell as professional <br />engineers (the "Engineers"), to prepare and file plans, specifications, and detailed descriptions <br />and estimates of the costs of the necessary .additions, extensions and improvements to the <br />Sewage Works, which plans, specifications, descriptions and estimates, to the extent required <br />by law, have been duly submitted to and approved or will be approved by all governmental <br />authorities having jurisdiction thereover (the improvements and extensions to the Sewage Works <br />as described in the Engineers' plans and specifications and below are referred to herein as the <br />"Project"), including; without limitation, the Indiana Department of Environmental Management <br />(the "Department"). <br />The Common Council finds that the estimates prepared and delivered by the Engineers <br />with respect to the costs (as defined in Indiana Code 36-9-23-11) of acquisition, construction and <br />installation of such improvements and extensions to the Sewage Works, and including all <br />authorized costs relating thereto, including the costs of issuance of bonds on account of the <br />financing of all or a portion thereof, will be in the estimated amount not to exceed Nine <br />Million Three Hundred Forty-Five Thousand and 00/100 Dollars ($9,345,000.00). The <br />Common Council finds that to provide funds necessary to pay for the costs of the Project, it will <br />be necessary for the City to issue sewage works revenue bonds in an amount not to exceed Nine <br />Million Three Hundred Forty-Five Thousand and 00/100 Dollars ($9,345,000.00). <br />Pursuant to Ordinance No. 8919-98 adopted by the Common Council on June 22, 1998 <br />(the "1998 Ordinance"), the City has heretofore issued revenue bonds payable from the Net <br />Revenues (as defined below) of the Sewage Works, such bonds being designated as "Sewage <br />