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<br /> WHEREAS, the Town Council seeks to authorize the issuance of sewage works revenue
<br /> bonds, payable from the net revenues (as hereinafter defined)of the Sewage Works, and BANs,
<br /> if necessary, payable from proceeds of such sewage works revenue bonds, issued to finance the
<br /> aforementioned costs of the Project, and to authorize the refunding of said BANs, if issued; and
<br /> WHEREAS, this Town Council now finds that all conditions precedent to the adoption
<br /> of an ordinance authorizing the issuance of sewage works revenue bonds and BANs, if
<br /> necessary, to provide the necessary funds to be applied to the costs of the Project and all
<br /> authorized costs relating thereto, have been complied with in accordance with the provisions of
<br /> the Act and Indiana Code 5-1-14-5 (together with Indiana Code 4-4-11 and Indiana Code 13-18-
<br /> 13); and
<br /> WHEREAS, the Town Council consequently seeks to authorize the issuance of revenue
<br /> bonds and BANs to finance the acquisition and construction of the Project pursuant to the Act
<br /> and Indiana Code 5-1-14-5 (together with Indiana Code 4-4-11 and Indiana Code 13-18-13) and
<br /> the sale of such revenue bonds, and the sale of such BANs pursuant to the provisions of the Act
<br /> and Indiana Code 5-1-14-5 (together with Indiana Code 4-4-11 and Indiana Code 13-18-13),
<br /> subject to and dependent upon the terms and conditions hereinafter set forth; and
<br /> WHEREAS, the Town may enter into a Financial Assistance Agreement(substantially in
<br /> the form of Exhibit A attached hereto and made a part hereof) with the Indiana Finance
<br /> Authority (the "Authority") as part of its wastewater loan program established and existing
<br /> pursuant to IC 4-4-11 and IC 13-18-13 ("SRF Program"), pertaining to the Project and the
<br /> financing of the Project ("Financial Assistance Agreement") if any bonds are sold to the
<br /> Authority as part of its SRF Program; and
<br /> WHEREAS, the Town may accept other forms of financial assistance, as and if
<br /> available, from the SRF Program;
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
<br /> TOWN OF MOORESVILLE,MORGAN COUNTY,INDIANA,AS FOLLOWS:
<br /> SECTION.1. Acquisition. Construction and Installation of the Project. The Town, as the
<br /> owner and operator of the Sewage Works for the collection and treatment of sewage and other
<br /> wastes, shall acquire any and all necessary property and to proceed with the acquisition,
<br /> construction and installation of improvements and extensions to the Sewage Works, pursuant to
<br /> the Act and in accordance with the plans, specifications and cost estimates heretofore prepared
<br /> and filed with the Town Council by the Consulting Engineers, which plans, specifications and
<br /> cost estimates are hereby adopted and approved and, by reference, incorporated fully into this
<br /> Ordinance, of which two (2) copies are now on file in the Office of the Clerk-Treasurer of the
<br /> Town (the "Clerk-Treasurer") and are open for public inspection. The actions of the Town
<br /> Council in connection with the acquisition of any and all necessary property and the acquisition,
<br /> construction, installation and financing of such improvements and extensions to the Sewage
<br /> Works are hereby authorized, approved, ratified and confirmed. Where used in this Ordinance,
<br /> the term "Town" shall be construed also to include any Department, Board, Commission or
<br /> Officer or Officers of the Town or of any Town Department, Board or Commission. The terms
<br /> "Sewage Works," "sewage works," "works" and similar terms used in this Ordinance shall be
<br /> construed to mean the Treatment Works, as defined in the Financial Assistance Agreement, and
<br /> shall include the proposed Sewage Works and all enlargements, improvements, extensions and
<br /> additions thereto, and replacements thereof, now or subsequently constructed or acquired,
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