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Home My WebLink About9971-09 Amending ordinance 9951-09 entitled the Authorizing of acquistion, construction, and installationORDINANCE No. 9971-09 Passed by the Common Council of the City of South Bend, Indiana October 26, ~9 Attest: Attest: JOHN Presented by me to the Mayor of tl:e City of South Bend, Indiana October 27, JOHN Approved and signed by me October 28, 20 J9 City Clerk President of Common Council City Clerk Mayer 20 9 ORDINANCE NO. ~ (~~ J AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9951-09 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), has previously adopted Ordinance No. 9951-09 on August 10, 2009 (the "Bond Ordnance"), authorizing the issuance of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($4,600,000.00) (the "Bonds"). The City expected to sell its Bonds to the Indiana Finance Authority (the "Authority") pursuant to the Bond Ordinance in the amount of Three Million One Hundred Thousand and 00/100 Dollars ($3,100,000.00) pursuant to the State Revolving Fund Loan Program (t'~e "SRF Program"j. The SRF Program will make additional funds available to the City and a~ a result the City can issue an additional One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00) of its sewage works revenue bonds (equal to the amount authorized by the Bond Ordinance) to finance a project in addition to the Project described in the Bond Ordinance. The Common Council desires to amend the Bond Ordinance to include the additional project expected to be funded by the additional bond proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The section of the Bond Ordinance labeled Section II. Description of the Project shall be amended as follows: Description of the Project. The Project collectively consists of (a) the acquisition, construction, installation and equipping of the following project known as "CSONet Phase 2 improvements" which include flow measurement instruments and control valves and sewer piping changes to actuate real time monitoring and control at various CSO diversion BDUBQI 5861E:~?vl structure throttle line locations and (b) separation of ,storm and sanitary sewers in the area bounded by Lincolnway West on the north, Bendix on the west, Olive on the east and the Kennedy Park on the south and including bio-retention areas and groundwater recharge galleries in the park 'as well as incidental street and curb and sidewalk and street, alley and driveway aprons repair and replacement and landscaping. The City, acting by and through the Board, shall proceed with the acquisition, construction and installation of the Project and shall enter into all contracts necessary or appropriate for such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act. Section 2. All remaining terms and provisions of the Bond Ordinance remain in full force and effect. Section 3. This Ordinance shall be in full force and effect from and upon compliance with the procedures required by law. ~**** -2- BDDBOI 5861687v1 Passed and adopted by the Common Council of the City of South Bend, Indiana, on the day of , 2009. COMMON COUNCIL O THE CITY OF SOUTH B ND, INDIANA ~ Q ~ Q ~ ~,, ~ ~, Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the 2-?~~ day of ~ ~~~ , 2009, at •• 3 ~ o'clock ~.m. City Clerk ~ Qc,F:,~ Approved and signed by me on the ~ day of ~G~'"~~- , 2009, at ~• ~b o'clock m. 1 st READING ~~' t ~'-~ PUBLIC HEARING ~O-L~-~r1 3rd R~!?DlNG (p~?~a'vy NOT APPROVED REFEFRED PASSED ~ O ~' Lb ^~ ~,~. ~- Mayo ,City South Bend, Indiana OCT - ~ 2U'~9 ~,` ,,,,I ,~~.. V i~L L~t1~ti CITE Gi.i:~:i~~, ~!?. BF:"!~, l14. -3- BDDBGI 58616~7v1 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 81-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9951-09 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole 1400 COUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY October 7, 2009 Mr. Derek Dieter President, South Bend Common Council 4`~ Floor, County-City Building South Bend, IN 46601 Re: Ordinance Further Amending Ordinance #9672-06 Dear President Dieter: PHONE 574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 ALADEAN M. DERosE CHIEF ASSIS'T'ANT CITYATTORNEY Attached for filing with the Common Council is an ordinance further amending Ordinance #9672-06 which authorized acquisition and installation of improvements to the City's Sewage works through issuance of additional revenue bonds. The attached ordinance approves an alternative method for selling the bonds originally authorized in Ordinance #9672-06. The alternative method is through the Indiana Bond Bank, and this would achieve interest savings on this series of bonds. The City's bond counsel has recommended the amendments to Ordinance #9672-06 which are set forth in this Ordinance. Public Works Director Gary Gilot will present this ordinance to the Common Council at its appropriate Committee meeting and at the Council's public hearing of this ordinance. Thank you for your consideration of this matter. Sincerely, ~~ ~ Aladean M. DeRose Chief Assistant City AMD/cw cc: Gary Gilot Gregg Zientara ~t~~:~ o~. _ __, THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN