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WHEREAS, the utility was given additional procedure by appearing and being <br /> heard in person and by counsel at said hearing; and <br /> WHEREAS, under Indiana law, any public utility operating within the Town is <br /> deemed to have consented to the future acquisition of its property including its property <br /> located within the Town's extraterritorial authority; and <br /> WHEREAS, the public necessity exists and a public convenience will be <br /> advanced by the expansion of the Town's existing utility, and that such public necessity <br /> will be advanced by thereafter acquiring, owning and operating existing water utility <br /> assets and facilities. <br /> NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of <br /> Mooresville, Indiana, as follows: <br /> 1. The above recitals are incorporated herein by this reference as though fully <br /> set forth herein below. <br /> 2. The Council hereby declares that public convenience and necessity require, <br /> and the public interest will be served by, the expansion of its municipal utility <br /> to include the establishment of a municipal water utility and the acquisition of <br /> water utility assets and facilities in and around the Town. <br /> 3. The Town hereby establishes a municipally owned water utility with all the <br /> rights and authorities attendant thereto. <br /> 4. The Town further hereby exercises its power to acquire and thereafter own, <br /> operate, and control existing water assets and facilities for the purpose of <br /> providing water service both inside and outside the Town's municipal limits. <br /> By passing this Ordinance, the Town is exercising its power to provide water <br /> service in and around the Town. <br /> 5. All prior provisions of ordinances or actions of the Town that may be <br /> inconsistent with any provision of this Ordinance are hereby superseded. <br /> 6. The terms, paragraphs, sentences, words, and actions of this Ordinance are <br /> separable, and if any portion of this Ordinance or its acts is found to be <br /> unconstitutional, invalid, or unenforceable, any such determination shall not <br /> affect the remaining terms or portions of the Ordinance and related actions of <br /> the Town and Council. <br /> 7. This Ordinance is effective immediately upon its adoption. <br /> 2 <br />