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ORDINANCE NO. �, � `�- b '�I
<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 /> COLLE�TION, 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 b and throu h its Board of Public Works the "Board" for the collection and treatment
<br /> Y g � )
<br /> of sewage and other wastes (the "Sewage Works" or the "Warks"), 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 Greeley and Hansen, LLC, The Troyer Group, Inc., Lawson-Fisher Associates, P.C.,
<br /> DI,Z, Inc., Abonmarche Consultants, R.W. Armstrong, Donahue and Associates, Malcolm
<br /> Pirnie, Inc., Ken Herceg & Associates, Wightman Petxie, American Structurepoint, Inc.,
<br /> Symbiont Science, Engineering and Construction, Inc., Gary A. Gilot, P.E., Carl P. Littrell, P.E.,
<br /> Patrick Henthorn, P.E. and Rob Nichols, as professional engineers (the "Engineers"), to prepare
<br /> and file plans, specifications, and detailed descriptions and estimates of the costs of the necessary
<br /> additions, extensions and improvements to the Sewage Works, which plans, specifications,
<br /> descriptions and estimates, to the extent required by law, have been duly submitted to and
<br /> approved or will be approved by all governmental authorities having jurisdiction thereover (the
<br /> improvements and extensions to the Sewage Works as described in the Engineers' plans and
<br /> specifications and below are referred to herein as the "Project"), including, without limitation,
<br /> the Indiana Department of Environmental Management(tlie "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 Twenty-
<br /> Two Million and 00/100 Dollars ($22,000,000.00)_ The Common Council finds that to provide
<br /> funds necessary to pay for the costs of the Project, it will be necessary for the City to issue
<br /> sewage works revenue bonds in an amount not to exceed Twenty-Two Million and 00/100
<br /> Dollars.($22,000,000.00).
<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
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