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<br /> ORDINANCE NO. LO -
<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,THE
<br /> COLLECTION, SEGREGATION AND DISTRIBUTION OF THE
<br /> REVENUES OF SUCH SEWAGE WORKS,THE ESTABLISHMENT OF FUND
<br /> NUMBER 661,THE 2012 SEWAGE WORKS CONSTRUCTION FUND,AND OTHER
<br /> 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 by and through its Board of Public Works (the "Board") for the collection and treatment
<br /> of sewage and other wastes (the "Sewage Works" or the "Works"), 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., Cardno/JFNew, Christopher
<br /> Burke Engineering, McCormick Engineering, LLC, Lawson-Fisher Associates, P.C., DLZ, Inc.,
<br /> Abonmarche Consultants, R.W. Armstrong, Donahue and Associates, Malcolm Pirnie, Inc., Ken
<br /> Herceg & Associates, Wightman Petrie, American Structurepoint, Inc., Symbiont Science,
<br /> Engineering and Construction, Inc., Gary A. Gilot, P.E., and John C. Engstrom, P.E., as
<br /> professional engineers (the "Engineers"), to prepare and file plans, specifications, and detailed
<br /> descriptions and estimates of the costs of the necessary additions, extensions and improvements
<br /> to the Sewage Works, which plans, specifications, descriptions and estimates, to the extent
<br /> required by law, have been duly submitted to and approved or will be approved by all
<br /> governmental authorities having jurisdiction thereover (the improvements and extensions to the
<br /> Sewage Works as described in the Engineers' plans and specifications and below are referred to
<br /> herein as the "Project"), including, without limitation, the Indiana Department of Environmental
<br /> Management(the "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 /> Five Million Dollars ($25,000,000). The Common Council finds that to provide funds necessary
<br /> to pay for the costs of the Project, it will be necessary for the City to issue sewage works revenue
<br /> bonds in an amount not to exceed Twenty Five Million Dollars ($25,000,000).
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