Construction of Additions and Improvements to the Sewage Works Bonds

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ORDINANCE NO. 17W'Sle AN ORDINANCE CONCERNING THE CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE WORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, THE ISSUANCE OF ADDITIONAL REVENUE BONDS TO PROVIDE THE COST THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH WHEREAS, the City of South Bend, Indiana (the "City") has previously established and now owns and operates through the City of South Bend Board of Public Works (the "Board of Public Works") , a sewage works, including the South Bend Waste Water Treatment Plant (the "Plant") , pursuant to IC 36-9-23 (the "Act") ; and WHEREAS , the Indiana Department of Environmental Management (the "I.D.E.M. ") , acting pursuant to 33 U.S.C. 1251 et seq. and IC 13-7 et seq. on the 16th day of August, 1988 issued a revised National Pollution Discharge Elimination System ("NPDES") permit to the City which established new effluent limitations for the operation of the Plant and revoked the prior NPDES permit issued by the I.D.E.M. on September 16, 1985; and WHEREAS, compliance with the requirements of the NPDES permit by the Board of Public Works will require, and the I.D.E.M. has ordered, the construction of certain improvements to the Plant to abate water pollution, said improvements being generally described as the construction and equipping of additions to the existing 48 , 000 , 000 gallons per day conventional activated sludge plant to upgrade it and to provide a higher quality of effluent through chlorination/dechlorination facilities and the upgrading of sludge thickening digestion and handling facilities (the "Improvements") ; and WHEREAS, the City has applied for grants from the United States Environmental Protection Agency (the "E.P.A. ") and from the I.D.E.M. in the amount of Twelve Million Twenty-Three Thousand Eight Hundred Twenty-Six Dollars ($12, 023 ,826) and Three Million Six Hundred Sixty-Seven Thousand Eight Hundred Twenty-Five Dollars ($3, 667,825) , respectively (hereinafter referred to collectively as the "Grants") to construct the Improvements; and WHEREAS, the City has been awarded a total of Thirteen Million Seven Hundred Fifty-Four Thousand Three Hundred Twenty-Five Dollars ($13 , 754 , 325) pursuant to the Grants consisting of Ten Million Eighty-Six Thousand Five Hundred Five Dollars ($10, 086,505) from the the E . P.A. and Three Million Six Hundred Sixty-seven Thousand Eight Hundred Twenty Dollars ($3, 667,820) from the I.D.E.M. ; and WHEREAS, plans, specifications and cost estimates for the Improvements have been prepared by engineers employed by the City