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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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Program Representative and the Drinking Water SRF Program Director) and where not limited, <br /> such person's designee. <br /> "Disbursement Agent" shall mean the party disbursing the Loan to or for the benefit of <br /> the Participant, which shall be the Trustee unless amounts are held in the Construction Fund, in <br /> which case the Disbursement Agent shall thereafter be the Deposit Agreement Counterparty as the <br /> party disbursing amounts that are held in the Construction Fund unless otherwise agreed by the <br /> Finance Authority. <br /> "Disbursement Request" shall mean a request for a disbursement of the Loan made by <br /> an Authorized Representative in such form as the Finance Authority may from time to time <br /> prescribe. <br /> "Drinking Water SRF Fund" shall mean the drinking water revolving loan fund as <br /> established by I.C. 5-1.2-10-2. <br /> "Drinking Water SRF Indenture" shall mean the Fourth Amended and Restated <br /> Drinking Water SRF Trust Indenture, dated as of September 1, 2019 between the Finance <br /> Authority(as successor by operation of law to the State in all matters related to the Drinking Water <br /> SRF Program) and the Trustee, as amended and supplemented from time to time. <br /> "Drinking Water System" shall mean all, or any part of, the system for the provision to <br /> the public of water for human consumption through pipes and other constructed conveyances that: <br /> (1) has at least fifteen(15) service connections; or <br /> (2) regularly serves at least twenty-five (25) individuals; <br /> and as further defined and described in I.C. 13-11-2-177.3 and SRF Policy Guidelines, as amended <br /> and supplemented from time to time. <br /> "Eligible Cost" shall mean and include, whether incurred before or after the date of this <br /> Agreement, all costs which have been incurred and qualify for Financial Assistance, including <br /> engineering, financing and legal costs related thereto. <br /> "Finance Authority" shall mean the Indiana Finance Authority, a body politic and <br /> corporate, not a state agency but an independent instrumentality of the State. <br /> "Finance Authority Bonds" shall mean any Finance Authority State Revolving Fund <br /> Program Bonds or other similar obligations of the Finance Authority issued as a part of the <br /> Drinking Water SRF Program within the meaning of the Drinking Water SRF Indenture. <br /> "Financial Assistance" shall mean the financial assistance authorized by the Safe <br /> Drinking Water Act, including the Loan. <br /> "Fiscal Sustainability Plan" means in connection with a project that provides for the <br /> repair, replacement, or expansion of an existing Drinking Water System, a plan that is consistent <br /> with SRF Policy Guidelines including applicable requirements of the Drinking Water SRF Act and <br /> includes (a) an inventory of critical assets that are a part of the Drinking Water System, (b) an <br /> evaluation of the condition and performance of inventoried assets or asset groupings; (b) a <br /> certification that the Participant has evaluated and will be implementing water and energy <br /> conservation efforts as part of the plan; and(d)a plan for maintaining,repairing,and, as necessary, <br /> replacing the Drinking Water System and a plan for funding such activities. <br /> "Loan" shall mean the purchase of the Bonds by the Finance Authority to finance the <br /> planning, designing, constructing, renovating, improving and expanding of the Participant's <br /> Drinking Water System or refinance an existing debt obligation where such debt was incurred and <br /> building of such systems began after July 1, 1993, but does not mean the provision of other <br /> Financial Assistance. <br /> "Loan Reduction Payment" shall mean in any circumstances where there is a balance <br /> (inclusive of Loan proceeds and any earnings) in the Construction Fund, any action causing such <br /> B-3 <br />
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