Refunding of Outstanding Sewage Works Revenue Bonds of 2006, 2007B in the Principal Amount not to Exceed $28,000,000

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ORDINANCE NO. t °t °(J ti AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007,AND SEWAGE WORKS REVENUE BONDS OF 2007B, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND,INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28,000,000); APPROPRIATING MONEYS FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653); ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), presently owns and operates a sewage works by and through its Board of Public Works (the `Board") for the collection and treatment of sewage and other wastes (the "Sewage Works," "Works" or "works"), pursuant to the provisions of Indiana Code 36-9-23, as amended (the"Act"). The Common Council of the City (the "Common Council" or "Council") previously found in its Ordinance No. 9672-06 adopted by the Council on April 11, 2006, as amended by Ordinance No. 9767-07 adopted by the Council on June 25, 2007 (collectively, the "2006 Ordinance"), that certain improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2006 Bonds (as defined below) (the "2006 Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly the Indiana Department of Environmental Management ("IDEM"), and were approved by the aforesaid government authorities. The Council previously found pursuant to the 2006 Ordinance that certain additional improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2007 Bonds (as defined below) (the "2007 Project") and the 2007B Bonds (as defined below) (the "2007B Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly IDEM, and were approved by the aforesaid government authorities.