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9523-04 Authorizing the Acquistion, COnstuction and, Installation of Certain Additions
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9523-04 Authorizing the Acquistion, COnstuction and, Installation of Certain Additions
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Last modified
12/13/2010 9:45:45 AM
Creation date
4/18/2008 9:40:44 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/9/2004
Ord-Res Number
9523-04
Bill Number
46-04
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The principal of this bond is payable at the office of Wells Fargo Bank, <br />N.A., (the "Registrar" or "Paying Agent"), in Ft. Wayne, Indiana. All payments of <br />interest on this bond shall be paid by check or draft mailed one business day prior <br />to the interest payment date to the registered owner hereof as of the fifteenth day of <br />the month preceding the interest payment date at the address as it appears on the <br />registration books kept by the Registrar or at such other address as is provided to <br />the Paying Agent in writing by the registered owner. All payments of principal of <br />this bond shall be made upon surrender thereof at the principal corporate trust <br />office of the Paying Agent in any coin or currency of the United States of America <br />which on the dates of such payment shall be legal tender for the payment of public <br />and private debts. <br />This bond is one of an authorized issue of bonds (the "Bonds") of the City <br />of South Bend, of like original date, tenor and effect, except as to denomination, <br />numbering, interest rates, redemption terms and dates of maturity, in the total <br />amount of Dollars ($~, numbered from R-1 up, issued for <br />the purpose of providing funds to be applied to the cost of certain additions, <br />extensions and improvements to the sewage works of the City (the "Sewage <br />Works" or the "Works"), and to pay all expenses necessarily incurred in <br />connection with the issuance of such bonds, as authorized by Ordinance No. <br />adopted by the Common Council of the City of South Bend on the day of <br />2004, entitled "An Ordinance of the Common Council of the City of <br />South Bend, Indiana Authorizing the Acquisition, Construction and Installation of <br />Certain Additions, Extensions and Improvements for the City's Sewage Works, the <br />Issuance and Sale of Revenue Bonds to Provide Funds for the Payment Thereof, <br />and the Collection, Segregation and Distribution of the Revenues of Such Sewage <br />Works, and Other Matters Connected Therewith" (the "Ordinance"), and in strict <br />compliance with the provisions of I.C. 5-1-6 and I.C. 36-9-23 and other applicable <br />laws, as amended (collectively, the "Act"). <br />Pursuant to the provisions of the Act and said Ordinance, the principal of <br />and interest on (i) this bond and all other bonds of this issue, and (ii) all bonds <br />issued by the City pursuant to Ordinance 8919-98, designated "City of South <br />Bend, Indiana Sewage Works Revenue Bonds of 1998" (the "1998 Bonds"), which <br />1998 Bonds are on a parity with this bond and all other bonds of this issue, and <br />(iii) all bonds issued by the City pursuant to Ordinance No. 9270-01, designated as <br />"City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2001," <br />(the "2001 Bonds and together with the 1998 Bonds, the "Prior Bonds"), which <br />Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iv) <br />all bonds hereafter issued on a parity with this bond and all other bonds of this <br />issue, are payable solely from the Sewage Works Sinking Fund to be provided <br />from the Net Revenues (defined as the gross revenues of the Sewage Works of the <br />City after deduction only for the payment of the reasonable expenses of operation, <br />repair and maintenance but not including depreciation and payments in lieu of <br />taxes). This bond and the issue of which it is a part, together with the Prior Bonds <br />and any parity bonds hereafter issued constitute a first charge against said Net <br />Revenues. <br />Exhibit A -Page 2 <br />
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