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ORDINANCE NO. 2008-05-02 ORDINANCE AUTHORIZING A SANITARY SEWAGE TREATMENT AGREEMENT WITH THE TOWN OF LEESBURG AND AUTHORIZING AND APPROVING OTHER ACTIONS IN RESPECT THERETO WHEREAS, the City of Warsaw, Indiana (the "City"), owns and operates a municipal sewage works pursuant to Indiana Code § 36-9-23, which Sewage Works includes a wastewater treatment plant; and WHEREAS, the Town of Leesburg (the 'Town"), will be constructing infrastructure to collect its municipal wastewater and needs access to proper wastewater treatment facilities; and WHEREAS, the City and the Town propose to enter into a Sanitary Sewage Treatment Agreement pursuant to Ind. Code § 36-9-23-16, to serve the ultimate purpose of the two municipalities cooperating to treat the sewage effluent of each municipality at overall decreased cost and overall increased efficiency, all of which is to be done pursuant to the authority granted by, Ind. Code § 36-9-23-16; and WHEREAS, the City and the Town have reached agreement with regard to the creation of joint mutual services and desire to reduce their agreement to writing and enter into a contract as provided and authorized by the authority granted by IC 36-9-23-16. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA, THAT: Section 1. Approval of Agreement. The Agreement in the form presented to the Council at this meeting is hereby approved. Section 2. Consent to Annexation. Pursuant to Ind. Code 36-4-3-9, the City hereby consents to the future annexation by the Town of all or any part of the territory set forth in Exhibit C to the Agreement. Section 3. Execution and Delivery of Agreement. The Board of Public Works and the Clerk-Treasurer of the City are hereby authorized, in the name and on behalf of the City, without further approval of the Common Council, to execute and deliver the Agreement. Section 4. General. The Mayor, the Board of Public Works and the Clerk-Treasurer of the City, and each of them, are hereby authorized and directed, in the name and on behalf of the City, to execute or endorse any and all agreements, documents and instruments, perform any and all acts, approve any and all matters, and do any and all other things deemed by them, or either of them, to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this Ordinance (including the preambles hereto and the documents mentioned herein) and/or the Agreement, and any such execution, endorsement, performance or doing of other things heretofore effected be, and hereby is, ratified and approved. Section 5. Binding Effect. The provisions of this Ordinance and the Agreement shall constitute a binding contract between the City and the Town and shall not be repealed or amended in any respect which would adversely affect the rights of the holders of the bonds to be issued by the Town in connection with its undertakings under the Agreement as long as such bonds or interest thereon remains unpaid. Section 6. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This Bond Ordinance shall be in full force and effect immediately upon adoption and compliance with I.C. § 36-4-6-14. AYE NAY Dr. Joe Thallemer Kyle Babcock Jeff Grose Charles D. Smith George Clemens Jerry Patterson William L. Rhoades Ernest Wiggins, Presiding Office Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer PRESENTED TO AND APPROVED by me on this 19th day of May, 2008. Ernest Wiggins, Presiding Office Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer j19
