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ORDINANCE I `" I <br /> • AN ORDINANCE OF THE TOWN COUNCIL OF THE <br /> TOWN OF MOORESVILLE, INDIANA, DECLARING THAT A PUBLIC <br /> CONVENIENCE AND NECESSITY REQUIRE THE TOWN OF MOORESVILLE TO <br /> EXPAND ITS MUNICIPALLY OWNED UTILITY AND THEREAFTER ACQUIRE <br /> UTILITY PROPERTY <br /> WHEREAS, the Town of Mooresville ("Town") is a political subdivision and <br /> municipality organized and operating under the laws of the State of Indiana; and <br /> WHEREAS, it is the intent of the Town Council ("Council") of Mooresville to <br /> protect and advance the health, safety, welfare, and wellbeing of its citizens, utility <br /> users, and the community; and <br /> WHEREAS, local governments such as the Town are often uniquely situated to <br /> account and provide for the best interests of the community, citizens, and users through <br /> the provision of utility services; and <br /> WHEREAS, the Town already has a municipal utility that provides certain <br /> services. <br /> WHEREAS, pursuant to Ind. Code § 8-1.5-2 and other applicable statutes, the <br /> Town may own, acquire, and thereafter operate existing utilities; and <br /> WHEREAS, the Council deems it desirable and in the best interest of the Town <br /> to exercise its legal authority to acquire, and thereafter own and operate existing water <br /> facilities for the purpose of providing water service within the Town's municipal limits <br /> and its extraterritorial authority; and <br /> WHEREAS, a certificate of public convenience and necessity is not required as a <br /> condition precedent to the owning, leasing, acquisition, construction, or operation of a <br /> utility by the Town, even if there is a public utility engaged in similar service; and <br /> WHEREAS, the Council is not required to hold a public hearing for the acquisition <br /> of existing utility facilities, but in an effort to receive input from the public and any <br /> affected public utility, the Town has provided notice of and held a hearing at which each <br /> . public utility furnishing water utility service in and around the Town was given an <br /> opportunity to be heard in person or by counsel on the proposed action; and <br />