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ORDINANCE NO. \ 5 23- 0~}
<br />An Ordinance of the Common Council of the City of South Bend, Indiana
<br />Authorizing the Acquisition, Construction and Installation of Certain
<br />Additions, Extensions and Improvements for the City's Sewage Works, the
<br />Issuance and Sale of Revenue Bonds to Provide Funds for the Payment
<br />Thereof, and the Collection, Segregation and Distribution of the Revenues of
<br />Such Sewage Works, and Other Matters Connected Therewith
<br />STATEMENT OF PURPOSE AND INTENT
<br />The City of South Bend, Indiana (the "City") has established, constructed and financed a
<br />sewage works (the "Sewage Works" or the "Works") and now owns and operates the Sewage
<br />Works, by and through its Board of Public Works (the "Board"), pursuant to IC 36-9-23, as
<br />amended, and other applicable laws. The Board has determined and recommended to the
<br />Common Council of the City (the "Common Council") that certain additions, extensions and
<br />improvements to the Sewage Works, as described herein, are necessary. As such, the Board has
<br />chosen Jason J. Durr, Gary A. Gilot and Carl P. Littrell, each professional engineers employed by
<br />the City (collectively. the "Engineers"), who have prepared and filed plans, specifications, and
<br />detailed descriptions and estimates of the costs of the necessary additions, extensions and
<br />improvements of the Sewage Works, which plans, specifications, descriptions and estimates, to
<br />the extent required by law, have been duly submitted to and approved by, or will be approved by,
<br />all governmental authorities having jurisdiction thereover, particularly the Indiana Department of
<br />Environmental Management ("IDEM"), if and to the extent IDEM approval is required under
<br />Indiana law (the additions, extensions and improvements to the Sewage Works as described in the
<br />Engineer's plans, specifications, descriptions and estimates and below, are referred to herein as
<br />the "Project").
<br />The Common Council now finds, based on the estimates prepared and delivered by the
<br />Engineers, that the costs (as defined in Indiana Code Section 36-9-23-11) of the acquisition,
<br />construction and installation of such additions, extensions and improvements to the Sewage
<br />Works, including all authorized costs relating thereto, including the costs of the issuance of bonds
<br />on account of the financing of all or a portion thereof, will be in the estimated amount of Eleven
<br />Million Five Hundred Thousand Dollars ($11,500,000).
<br />The City will advertise for and receive bids for the Project, and such bids will be subject
<br />to the Common Council's determination to acquire, construct and install the Project and the City
<br />obtaining funds for the Project.
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