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, <br /> REGULAR MEETING NOVEMBER 21, 2011 378 <br /> WHEREAS,the City has previously issued and there are now outstanding bonds issued <br /> on account of the Waterworks and payable out of the revenues therefrom designated as the <br /> "Waterworks Revenue Bonds of 2000"dated June 12, 2000 (the "2000 Bonds")originally issued <br /> in the amount of$2,600,000 authorized by Ordinance No. 9095-00 adopted by the Common <br /> Council on February 28, 2000 (the"2000 Ordinance"), now outstanding in the amount of <br /> $1,466,320. <br /> WHEREAS, the City has previously issued and there are now outstanding bonds issued <br /> on account of the Waterworks and payable out of the revenues therefrom designated as the <br /> "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds") (the 2009B ' <br /> Bonds, the 2009A Bonds, the 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds <br /> together, the "Prior Bonds"), originally issued in the amount of$22,500,000 authorized by <br /> Ordinance No. 8801-97 adopted by the Common Council on June 23, 1997 (the "1997 <br /> Ordinance" and together with the 2009 Ordinance, the 2005 Ordinance,the 2002 Ordinance and <br /> the 2000 Ordinance, the "Prior Ordinances"), now outstanding in the amount of$2,140,000. <br /> WHEREAS, the Boazd deems it advisable and recommends to the Common Council that <br /> the City issue revenue bonds payable from the revenues of the Waterworks in an original amount <br /> not to exceed Eight Million Three Hundred Thousand Dollazs($8,30Q000) (the"2012 Bonds"), <br /> for the purpose of providing for the payment of(i) the Project, and (ii) the costs of issuing such <br /> 2012 Bonds. <br /> WHEREAS, the City reasonably expects to reimburse expenditures for the Project with <br /> the proceeds of the 2012 Bonds and the Board deems appropriate and recommends to the <br /> Common Council that such reimbursement be made. <br /> WHEREAS, the Prior Ordinances permit the issuance of additional bonds payable from <br /> the revenues of the Waterworks and ranking on a pazity with the Prior Bonds for the purpose of <br /> financing additions, extensions and improvements to the Waterworks provided certain conditions <br /> can be met, and the Board has determined, based upon information provided to the Boazd by <br /> Crowe Horwath LLP, the City's financial advisor, that the finances of the Waterworks will <br /> enable the City to meet the conditions for the issuance of additional parity bonds and that, <br /> accordingly,the 2012 Bonds shall rank on a parity with the Prior Bonds. ' <br /> WHEREAS, the Board has reviewed the form of a bond ordinance to be adopted by the <br /> Common Council authorizing the City to issue and sell the 2012 Bonds for the purpose of <br /> financing the Project(the "2011 Bond Ordinance"), and the Board has found the 2011 Bond <br /> Ordinance to be satisfactory. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br /> THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br /> Section 1. The Boazd hereby recommends to the Common Council that the upgrades, <br /> expansions, additions, replacements, extensions and improvements to the Waterworks that <br /> constitute the Project be made to the Waterworks. <br /> Section 2. To provide funds necessary to pay for or reimburse the City for the costs of <br /> the Project, together with expenses incidental thereto, including expenses in connection with the <br /> issuance of the 2012 Bonds, the Board hereby approves and recommends to the Common <br /> Council the issuance by the City of Waterworks Revenue Bonds in a principal amount not to <br /> exceed Eight Million Three Hundred Thousand Dollars ($8,300,000). <br /> Section 3. The Boazd hereby approves the substantially final form of the 2011 Bond <br /> Ordinance presented to this meeting and recommends to the Common Council the adoption of <br /> such 2011 Bond Ordinance which sets forth the terms and conditions of the 2012 Bonds to be <br /> issued thereunder. ' <br /> Section 4. The Boazd hereby ratifies the actions taken to file the 2011 Bond Ordinance <br /> with the Clerk of the City("City Clerk") for presentation to the Common Council, and the Clerk <br /> of the Boazd is hereby directed to present a copy of this Resolution to the City Clerk for <br /> presentation to the Common Council for its consideration, as soon as may be done, thereby <br /> requesting the issuance of the 2012 Bonds. <br /> Section 5. This Resolution shall be in full force and effect from and after its adoption by <br /> the Board. <br />