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ORDINANCE NO. 70 <br />AN ORDINANCE. OF THE CITY OF SOUTH BEND, INDIANA, <br />APPROVING THE SALE OF BONDS OF THE PARK DISTRICT <br />OF THE CITY OF SOUTH BEND, INDIANA <br />WHEREAS, the Board of Park Commissioners of the Park District of <br />the City of South Bend, Indiana, has determined and found that it <br />will be of public utility and benefit and for the best interests of <br />the citizens and property in the Park District of the City of South <br />Bend to provide for various improvements, works of construction and <br />property acquisition in an amount not exceeding Five Million Eight <br />Hundred Thousand Dollars ($5,800,000.00); and <br />WHEREAS, a Petition has been filed under the provisions of I.C. <br />6- 1.1 -20 -3 by five thousand two hundred and eighty -nine (5,289) <br />owners of taxable real estate located within the Park District of the <br />City of South Bend, Indiana, requesting said Board of Park <br />Commissioners to issue bonds in an amount not exceeding Five Million <br />Eight Hundred Thousand Dollars ($5,800,000.00) for the purpose of <br />providing funds to be applied on the costs of said improvements, <br />works of construction and property acquisition, which Petition said <br />Board of Park Commissioners found to be sufficient under the <br />provisions of said statute; and <br />WHEREAS, said Board of Park Commissioners by a Preliminary Bond <br />Resolution passed on the 16th day of November, 1981, determined to <br />proceed with a portion of the improvements and works of construction <br />described in said Petition, those improvements and works of con- <br />struction being construction and site development of a water related <br />raceway (East Raceway) and the construction of a walkway with <br />lighting beneath the west end of the Jefferson Street bridge and a <br />walkway with lighting in Plaza Park and Howard Park, the estimated <br />cost of said improvements and works of construction and the <br />incidental expenses necessary to be incurred in connection with the <br />projects and the issuance of bonds including architect and <br />engineering fees and the cost of the sale of the bonds which is in the <br />approximate amount of Two Million Nine Hundred Thousand Dollars <br />($2,900,000.00); and <br />WHEREAS, said Board of Park Commissioners additionally <br />determined by said Preliminary Bond Resolution passed the 16th day of <br />November, 1981, to proceed with a portion of the property acquisition <br />described in said Petition, the property acquisition being the <br />purchase of the parcel of property described in the Confirming <br />Resolution passed by said Board of Park Commissioners on the 30th day <br />of December, 1980 as "Parcel IV - East Race" which purchase of land <br />is necessary for the construction and site development of a water <br />related raceway (East Raceway), the estimated cost of said purchase <br />and the incidental expenses necessary to be incurred in connection <br />with said purchase or acquisition and the issuance of bonds including <br />architect and engineering fees and the cost of the sale of bonds, <br />which is in the approximate amount of Six Hundred Thousand Dollars <br />($600,000.00); and <br />WHEREAS, after the adoption of said Preliminary Bond Resolution <br />on the 16th day of November, 1981, the Secretary of the Board of Park <br />Commissioners gave Notice of Petition for and Determination to Issue <br />Bonds, Notice of Determination to Issue Bonds and Notice of Proposed <br />Additional Appropriation all as provided by Indiana law; and <br />WHEREAS, said Board of Park Commissioners received a petition <br />signed by three thousand five hundred and seventy -eight (3,578) <br />owners of taxable real estate located within the Park District of <br />the City of South Bend requesting said board not to issue bonds for <br />the purpose of procurring funds to be applied on the cost of the <br />