Resolution 29-2023 Adopting Indiana Code 5-23 and Taking Certain Other Actions Related Thereto

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RESOLUTION NO. 2tq-,2O.i 3 TOWN COUNCIL OF MOORESVILLE, INDIANA ADOPTING INDIANA CODE § 5-23 AND TAKING CERTAIN OTHER ACTIONS RELATED THERETO WHEREAS, the Town Council of Mooresville, Indiana (the "Council") has considered the provisions of Indiana Code § 5-23; and WHEREAS, the Council now desires to adopt the provisions of Indiana Code § 5-23 by this resolution pursuant to Indiana Code § 5-23-1-1; and WHEREAS, it is the intent of the Council to allow the Town of Mooresville's various departments and commissions to issue requests for proposals and qualifications under Indiana Code § 5-23. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF MOORESVILLE, INDIANA AS FOLLOWS: SECTION 1. Adoption of Indiana Code § 5-23. The Council hereby adopts the provisions of Indiana Code § 5-23. SECTION 2. Authorization. The Council hereby authorizes the Town and its various departments and commissions to issue requests for proposals under Indiana Code § 5-23, from time to time, for the development, construction, financing, operation, and/or transfer of projects under the terms of Indiana Code § 5-23. SECTION 3. Other Actions. Any officer of the Council is hereby authorized to take any and all actions and execute any documents or certificates that such officers deem necessary or desirable to effect the foregoing resolutions. Any such actions taken or documents or certificates executed and delivered are hereby ratified, confirmed and approved. SECTION 4. No Conflict. All ordinances, resolutions, and orders or parts thereof in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. After the execution of any Build -Operate -Transfer Agreement, as defined in Indiana Code § 5- 23, et seq., and so long as such Agreement remains in place, except as expressly provided herein, this Resolution shall not be repealed or amended, nor shall the Town adopt any law, ordinance or resolution which in any way adversely affects this Resolution. SECTION 5. Severability. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. SECTION 6. Effectiveness. This Resolution shall be in full force and effect from and after its passage.