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1 <br />s <br />ORDINANCE NO. ~ 21 ~"~, <br />An Ordinance of the Common Council of the City of South Bend, Indiana <br />Authorizing the Issuance and Sale of Bonds for the Purpose of Refunding <br />Outstanding City of South Bend, Indiana Sewage Works Refunding Revenue <br />Bonds of 1993; and Approving and Authorizing Other Actions in Respect <br />Thereto <br />STATEMENT OF PURPOSE AND INTENT <br />The City of South Bend, Indiana (the "City") has established, constructed and financed a <br />sewage works and now owns and operates said sewage works pursuant to IC 36-9-23, as amended, <br />and other applicable laws. <br />The City has previously issued its bonds authorized by Ordinance No. 7951-88, passed by <br />the Common Council of the City (the "Common Council") on December 12, 1988, and designated <br />as "City of South Bend, Indiana Sewage Works Revenue Bonds of 1988" (the "1988 Bonds"). <br />The 1988 Bonds were advance refunded with the proceeds of bonds authorized by Ordinance <br />No. 8359-93, passed by the Common Council on March 8, 1993, and amended by Ordinance No. <br />8364-93, passed by the Common Council on March 22, 1993 (collectively, the "1993 Ordinance"), <br />and designated as "City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 1993," <br />issued in the original amount of $10,080,000, dated April 1, 1993 (the "1993 Bonds"), of which <br />$5,642,500 is currently outstanding. <br />The City has also previously issued its bonds authorized by Ordinance No. 8919-98, passed <br />by the Common Council on June 22,1998 (the "1998 Bond Ordinance"), and designated as "City of <br />South Bend, Indiana Sewage Works Revenue Bonds of 1998," dated December 30, 1998 (the "1998 <br />Bonds"), issued in the original amount of $24,095,000, outstanding in an amount equal to the draw- <br />downs to the date of this Ordinance and any additional draw-downs under the Financial Assistance <br />Agreement, dated December 30, 1998, between the City and the State of Indiana. <br />The 1993 Bonds maturing on or after December 1, 2002 are redeemable prior to maturity at <br />the option of the City on or after December 1, 2001. <br />The City has the power and is authorized by I.C. 5-1-6 (the "Act") to refinance the 1993 <br />Bonds by the issuance of refunding bonds. <br />The Common Council deems it advisable to issue the current refunding bonds authorized by <br />this Ordinance, which refunding bonds are designated as the "City of South Bend, Indiana Sewage <br />Works Refunding Revenue Bonds of 2001" in an original amount not to exceed Six Million Dollars <br />Three Hundred Thousand ($6,300,000) (the "2001 Bonds"), for the purpose of providing together <br />