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WHEREAS , the Common Council now finds that all <br /> conditions precedent to the adoption of an ordinance authorizing the <br /> issuance of said junior revenue bonds to provide the funds necessary <br /> to pay for the cost of acquiring and constructing those portions of <br /> the Improvements to the Plant not paid for with the proceeds of the <br /> Grants have been complied with in accordance with the provisions of <br /> the Act; <br /> NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br /> Section 1. The actions of the Board of Public Works in <br /> approving the plans, specifications, and cost estimates and in <br /> advertising for the receipt of bids for the construction of the <br /> Improvements in accordance with said plans, specifications, and cost <br /> estimates are hereby approved, ratified and confirmed and the Board <br /> of Public Works is hereby authorized and directed to proceed with the <br /> construction of the Improvements in accord with said plans, <br /> specifications, and cost estimates which are hereby approved by the <br /> Common Council and by reference made a part of this Ordinance as if <br /> the same were attached hereto and incorporated herein. <br /> The Improvements to the Plant shall be as described above <br /> and shall be acquired and constructed and the bonds herein authorized <br /> shall be issued pursuant to and in accordance with the provisions of <br /> the Act and all acts amendatory thereof and supplemental thereto. <br /> The term "sewage works" , "works", and other like terms when <br /> used in this Ordinance, shall be construed to mean and include the <br /> existing City of South Bend sewage works and all additions, <br /> extensions and improvements thereto, and replacements thereof, <br /> hereafter constructed or acquired, whether from the proceeds of the <br /> bonds herein authorized or otherwise. The term "City" where used in <br /> this Ordinance shall be construed to also include any department, <br /> board, commission, offices or officers of the City. <br /> Section 2 . For the purpose of providing funds necessary to <br /> pay a portion of the costs of acquiring and constructing the <br /> Improvements, together with expenses incidental thereto, including <br /> expenses in connection with the issuance of the bonds and any other <br /> related costs as set forth in the Act, the City shall issue and sell <br /> sewage works revenue bonds designated "City of South Bend, Indiana <br /> Sewage Works Revenue Bonds of 1989" (the "Series 1989 Bonds") in the <br /> aggregate principal amount of Nine Million Five Hundred Thousand <br /> Dollars ($9,500, 000) . The Series 1989 Bonds shall be payable solely <br /> out of the Sinking Fund referred to hereinbelow. Any other <br /> provisions of this Ordinance to the contrary notwithstanding, the <br /> revenue bonds herein authorized to be issued shall be junior and <br /> subordinate in all respects to said now outstanding 1971 Bonds. <br /> -3- <br />