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1043 establish the rates based on cost of service provided. The water company employees live here and work here. The water company is a significant taxpayer at a sum of$50,000 a year and that helps support the Town and School. Mr. DeBoy stated Indiana American water is not a willing seller and they have every intention of continuing serving and providing water to the customers in Mooresville. He hopes all understand that eminent domain has significant consequences; very time consuming, very costly and very divisive. Indiana American water will not let these proceedings get in the way of continuing to provide quality service. Troy Bryant a lifelong resident of Mooresville and an employee of Indiana American Water. He has served this water system for 18 years since General Water Works owned I/ the system in 1993. Recently his responsibilities have expanded. He said in his recent conversations with Councilman Langley indicated controlling water rates and controlling growth was discussed. The handouts of documents (attached to these minutes) show water rates history over eight years. During that time frame $4million were invested in mains,hydrants,valves, meters,plant improvements, and the current tank project. The improvements led to stronger fire flows, added reliability, and improvement of operating efficiencies. He said in spite of the investment they have been able to manage rate increases at a reasonable level. The charts on the table reflect this. They have had a level of commitment to the community through the Chamber of Commerce, Kiwanis, and Revitalization group and have sponsored elementary science fairs at schools, and will sponsor Tox-A-Way days and many other events in the community. IIe told the council to take time to talk to them and see if they can't resolve the issues together and to not take a vote tonight. Nick Kile, attorney from Barnes & Thornburg, and attorney for Indiana American Water spoke next. He said he was going to cover the last three pages of the handout. Mr. Kile indicated the process the council had used for tonight had denied them adequate opportunity to prepare for tonight. Document A. Indiana Code: The notice of time and place of hearing was not on their notice. He said this did not comply with the statute. He said once they received the notice he tried to figure out what was driving this. The first place he went was the Mooresville website to get copies of minutes and ordinances. In order to access the needed information he said he needed a user name and password. Il Then he decided to ask for a basic access to records request for ordinances,minutes, any feasibility study and that was sent the day after he received the notice. Then they received a letter from Chris Janak, Bose, McKinney&Evans attorney for Town of Mooresville, indicating the letter had been received. It has been thirteen days later and we still haven't received the information. He said we don't even have the ordinance that is to be for tonight. Then tonight I find out that after we are done speaking there will be a photo presentation by the town. We have not had time to prepare for tonight and this whole process has been very unfair. Mr. Kile said-he had extended an invitation through the town's attorney to sit down,talk and see what is driving this proposal,he is extending that invitation to the council tonight. He told the council a hostile government takeover through eminent domain was going to be very contentious and very expensive and at the end of the day only Chris Janak and he will be happy because they were going to be paid a lot of money. He said this process will last longer than the council's terms in office and will create deep divisions in the community. It will take staggering sums of money. Next, Mr. Kile gave the City of Fort Wayne example. He said government takeovers were popular in the Roosevelt administration but were not common today. About ten years ago Fort Wayne started to pursue condemnation and takeover of the North system owned by Utility Center that serves 9,000 customers. Utility Center is owned by a large publically traded national Corporation called Aqua America. Today that pursuit is not completed. It is still pending for the second time in the Indiana Supreme Court. It has been very divisive to the community. He had an article from 2006 that stated Fort Wayne had been through a trial and the legal fees alone had been 1.2 million dollars and did not include consultant fees. Mr. Kile finished by saying this is relevant because Indiana American Water will do everything they can just like Utility Center to stop this government takeover. " We need to sit down and talk".