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_ 5 <br /> 1 <br /> • <br /> WHEREAS, Indiana law, including Ind. Code 8-1-2-93, specifically provides that <br /> IAWC is required to consent to the Town's acquisition or purchase of the IAWC <br /> Mooresville Utility; and <br /> WHEREAS, the Council desires to affirm that its President is authorized to <br /> execute any and all necessary or appropriate documents, and its attorneys are <br /> authorized to file any and all necessary or appropriate papers, to effectuate the <br /> acquisition or condemnation of the IAWC Mooresville Utility. <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 finds and declares, consistent with its legislative <br /> discretion, that a public necessity exists for the Town to condemn and own <br /> and operate the IAWC Mooresville Utility. <br /> 3. The Council hereby affirms and ratifies that its President may execute any <br /> and all documents necessary or appropriate to pursue and finalize the <br /> acquisition and condemnation of the IAWC Mooresville Utility. <br /> 4. By passage of this Ordinance, the Council authorizes its attorneys to prepare <br /> and file any and all papers to pursue and effect the acquisition and/or <br /> condemnation of the IAWC Mooresville Utility, including, but not limited to, <br /> bringing an action in the appropriate Court for the same. <br /> 5. To the extent any prior action, ordinance, or other provision of the Town is <br /> inconsistent with this Ordinance, such action, provision, or ordinance is <br /> superseded to the extent necessary to effectuate this Ordinance. <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 /> 40 [Signature Page Follows] <br /> 2 <br />