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additional bonds ranking on a parity with the Prior Bonds for the purpose of financing the cost of
<br /> the Project and the authorized costs relating thereto, have been complied with in accordance with
<br /> the provisions of the Prior Ordinances and the Act. The Common Council consequently seeks to
<br /> authorize the issuance of revenue bonds to finance the acquisition, construction and installation
<br /> of the Project pursuant to the Act and the sale of such revenue bonds at public sale pursuant to
<br /> the provisions of Indiana Code 5-1-11, subject to and dependent upon the terms and conditions
<br /> hereinafter set forth.
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
<br /> CITY OF SOUTH BEND, INDIANA, AS FOLLOWS;
<br /> SECTION 1. Acquisition, Construction and Installation of the Project. The City,
<br /> acting by and through the Board and as the owner and operator of the Sewage Works for the
<br /> collection and treatment of sewage and other wastes, hereby orders, authorizes and directs the
<br /> Board to proceed with the acquisition, construction and installation of additions, extensions and
<br /> improvements to the Sewage Works, pursuant to the Act and in accordance with the plans,
<br /> specifications and cost estimates prepared and filed with the Board by the Engineers, which
<br /> plans, specifications and cost estimates are hereby adopted and approved and, by reference,
<br /> incorporated fully into this Ordinance, and two copies of which are now on file in the office
<br /> of the Board and are open for public inspection. The actions of the Board in connection with
<br /> the acquisition, installation, and financing of such improvements to the Sewage Works are
<br /> hereby authorized, approved, ratified and confirmed.
<br /> Where used in this Ordinance, the term "City" shall be construed also to include any
<br /> department, board, commission or officer or officers of the City or of any City department, board
<br /> or commission. The terms "Sewage Works," "sewage works," "works" and similar terms used in
<br /> this Ordinance shall be construed to mean and include the existing structures and property of the
<br /> Sewage Works and all enlargements, improvements, extensions and additions thereto, and
<br /> replacements thereof, now or subsequently constructed or acquired, from the proceeds of the
<br /> bonds authorized herein or otherwise. Such additions, extensions and improvements shall be
<br /> constructed and the bonds herein authorized shall be issued pursuant to the provisions of this
<br /> Ordinance and the Act. ,
<br /> SECTION 2. Description of the Project. The Project consists of the improvements
<br /> described in Appendix A attached hereto and incorporated herein.
<br /> The City, acting by and through the Board, shall proceed with the acquisition;
<br /> construction and installation of the Project and shall enter into all contracts necessary or
<br /> appropriate for such purpose, in conformity with and subject to the requirements and conditions
<br /> set forth in this Ordinance and in the Act and in accordance with the plans and specifications
<br /> previously prepared for and on behalf of the City.
<br /> SECTION 3. Authorization for Bonds. In accordance with the Act and for the purpose
<br /> of providing funds with which to pay the costs of the Project, together with all authorized costs
<br /> relating thereto including the costs of the issuance of the 2011 Bonds (defined below) on account
<br /> thereof, the City shall issue and sell its sewage works revenue bonds, in one or more series, in an
<br /> amount not to exceed Twenty-Two Million Dollars ($22,000,000.00), to be designated "Sewage
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