ORDINANCES & RESOLUTIONS 2012 - Laserfiche WebLink

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• ORDINANCE /{a ".2°/)' AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MOORESVILLE, INDIANA, DECLARING THAT A PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE TOWN OF MOORESVILLE TO ACQUIRE AND/OR CONDEMN UTILITY PROPERTY WHEREAS, the Town of Mooresville ("Town") is a political subdivision and municipality organized and operating under the laws of the State of Indiana; and WHEREAS, it is the intent of the Town Council ("Council") of Mooresville to protect and advance the health, safety, welfare, and wellbeing of its citizens, utility users, and the community; and WHEREAS, local governments such as the Town are often uniquely situated to account and provide for the best interests of the community, citizens, and users through the provision of utility services; and WHEREAS, the Town already has a municipal utility that provides certain services; and WHEREAS, the Town has held public meetings and a hearing, received public input from citizens and the existing water utility, Indiana-American Water Company, Inc. ("IAWC"), and retained attorneys, accountants, engineers, and appraisers to evaluate, advise the Town with respect to, and value IAWC's utility assets in and around the Town as are necessary and appropriate in the provisions of water service, generally known as the "IAWC Mooresville Utility;" and WHEREAS, on November 21, 2012, consistent with Ind. Code 32-24-1-5(c), the Town tendered a written offer to IAWC seeking to purchase the IAWC Mooresville Utility, the amount of such offer being based upon the fair value of the IAWC Mooresville Utility as determined by an independent appraisal; and WHEREAS, IAWC had thirty (30) days to accept the Town's offer to purchase the IAWC Mooresville Utility; and WHEREAS, IAWC did not accept the Town's November 21, 2012 offer to purchase the IAWC Mooresville Utility, and the Town and IAWC have been unable to otherwise agree on a price to be paid for the IAWC Mooresville Utility; and WHEREAS, the Town Council now finds in the exercise of its legislative . discretion that the public necessity exists for the Town to exercise its legal authority to condemn and operate the IAWC Mooresville Utility; and