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REGULAR MEETING MARCH 26 2013 91 <br />currently being reviewed and revised by legal counsel and further recognizes that time is of the <br />essence in order to proceed with the transaction; and <br />WHEREAS, the Board desires to approve the Grant Agreement and the Documents once <br />they are in a form acceptable to legal counsel and hereby authorizes execution of the Grant <br />Agreement and approval and execution of any other documentation deemed necessary or <br />advisable by legal counsel in order to complete the transaction contemplated herein. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />1. The Board hereby approves the Grant Agreement with IDEM and authorizes legal <br />counsel to complete the final form of any other documentation necessary to effect the <br />transaction. <br />2. The Board further ratifies, confirms and approves any and all actions of the <br />Mayor, the Controller and/or any member of the Board or employee of the City related to <br />the execution and delivery of the Documents described in this Resolution. <br />3. The Board hereby approves the form, terms and provisions of the Grant <br />Agreement. The Mayor, and the Controller are each authorized to execute any documents <br />deemed necessary or advisable by legal counsel to complete the transaction contemplated <br />by the Grant Agreement. The officers and employees of the City shall take all actions <br />deemed necessary or advisable by legal counsel to carry out, give effect to and <br />consummate the transaction contemplated thereby. <br />4. This Resolution shall take effect immediately upon its adoption by the Board of <br />Public Works. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana <br />held on March , 2013 at 1308 County -City Building, 227 W. Jefferson Boulevard, South <br />Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Gary A. Gilot <br />s/ Donald E. Inks <br />sl Michael C. Mecham <br />ATTEST: <br />s/Linda M. Martin, Clerk <br />ADOPT RESOLUTION NO. 14 -2013 — A RESOLUTION OF THE BOARD OF PUBLIC <br />WORKS OF THE CITY OF SOUTH BEND INDIANA RECOMMENDING THE <br />REFUNDING OF THE CITY'S OUTSTANDING SEWAGE WORKS REVENUE BONDS OF <br />1998 AND SEWAGE WORKS REVENUE BONDS OF 2004 THE ISSUANCE AND SALE <br />OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF AND <br />OTHER MATTERS IN RESPECT THERETO <br />Upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO. 14 -2013 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH <br />BEND, INDIANA, RECOMMENDING THE REFUNDING OF THE CITY'S <br />OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 1998 AND SEWAGE <br />WORKS REVENUE BONDS OF 2004, THE ISSUANCE AND SALE OF REVENUE <br />BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND OTHER <br />MATTERS IN RESPECT THERETO <br />WHEREAS, the City of South Bend, Indiana (the "City ") has heretofore established, <br />constructed and financed a sewage works (the "Sewage Works ") and now owns and operates the <br />