HomeMy WebLinkAboutD-1341-97 Purchase HW UtilitiesORDIN CE NO. b-l'Z, X~ql
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING AN AGREEMENT FOR THE ACQUISITION OF SEWAGE
WORKS, SETTING FORTH THE COSTS OF THE WORKS, ORDERING THE
ACQUISITION OF THE WORKS, AND SETTING FORTH AN ESTIMATE OF THE
FEES FOR THE USERS TO BE SERVED BY THE WORKS.
WHEREAS, pursuant to Ind. Code §§ 36-9-23 et seq., the City of Cannel (the "City")
owns, operates, manages and controls sewage works; and
WHEREAS, pursuant to Ind. Code § 36~9-23-10, before the acquisition of any sewage
works, this Common Council of the City of Carmel, Indiana ("Council") must adopt an
ordinance setting forth various enumerated information; and
WHEREAS, Hamilton Westem Utilities, Inc. has offered to sell to the City its sewage
works located and serving users in Clay Township, Hamilton County, but outside the corporate
limits of the City as those limits existed as of December 31, 1996 (the "HWU Works"), pursuant
to the terms of that certain agreement which, minus its voluminous attachments, is attached
hereto as Exhibit A and which, including such attachments, is incorporated herein by this
reference (the "Agreement"); and
WHEREAS, Brian Houghton, a registered professional engineer with the engineering
firm of Jones & Henry, has estimated the cost of the HWU Works proposed to be acquired, with
such costs attached hereto as F, Xhibit R and incorporated herein by this reference; and
WHEREAS, other than the cost of certain improvements to place the HWU Works in
operation in coordination with the City's existing system, which cost estimates are set forth in
Exhibit R, there should be no other repairs, replacements or additions to the HWU Works to
make them effective for their purpose; and
WHEREAS, pursuant to the terms of the Agreement, no lien or other encumbrance will
exist on the HWU Works; and
WHEREAS, the funds to acquire the HWU Works pursuant to the terms of the
Agreement will come from sewer funds on hand, and there is therefore no need to issue revenue
bonds to pay for the cost of acquisition of the HWU Works; and
WHEREAS, the City has retained the accounting firm of Crowe Chizek/Municipal
Consultants CCrowe Chizek") to prepare an estimate of the fees for the several classes of users
or property to be served by the HWU Works to be acquired; and
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11/97 I
WHEREAS, Crowe Chizek has estimated that the initial fees for the several classes of
users or property to be served by the HWU Works to be acquired is $33.59 per customer per
month.
NOW, THEREEFORE, BE IT HEREBY ORDAINED by this Common Council of the
City of Carmel, Indiana, that:
Section 1. This Council, after investigation and consideration, finds that the Agreement
is of necessity to the public health and welfare and of public benefit to the people of the City.
Section ?.. This Council finds that the Agreement is a just and equitable agreement.
Section 3. This Council hereby directs the City of Carmel Board of Public Works and
Safety to execute the Agreement and orders the acquisition of the HWU Works pursuant to the
terms and conditions of the Agreement.
Section 4. Pursuant to Ind. Code § 36-1-5-4, this Council directs that two (2) copies of
F, xhibit A (including its attachments), and two (2) copies of F, xhibit FI, be kept on file and
available for public inspection in the Office of the Clerk of this Council and inserted in the
minutes of this Council.
Section 5. This Council directs the Clerk of this Council to immediately cause to be
published, in accordance with Ind. Code §§ 5-3-1 et seq., notice of the adoption and the purport
of this Ordinance.
Section 6. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section 7. This Ordinance shall be in full force and effect from and after the date of its
passage, execution by the Mayor and publication in accordance with the laws of the State of
Indiana.
/5"~Lday
of
1P9AgS7S,~ o n Council of the City of Carmel, Indiana, this
P ~ Cer ' ~Ki
r ~ ' ' 'rby, P
N.L. undle "" L~ ._.Ru°~~y~e~r .~
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11/97 2
Presented by to the Mayor of the City of Camel, Indiana, this /--~ day of
1997 at g' 6~ o' clock.
Diana L. Cordray, Clerk-Treasurer
Appro d by me, Mayor of the City of C 1,
199/~~4-/ ~~- 7
ainard, Mayor ' '
Indiana, this
Diana L. Cordray, -
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11/97 3
Fonl~es~ribed by State Board of Accounts
General Form' No. 99P (Revised 1997) '
PUBLISHER'S CLAIM ~ :!"
LINE COUNT , .. .' ' ~' ,
Display Matter (Must not exceed two actual lines, neither of which shall'.
total more than four solid lines of type in which the body of the
advertisement is set) -- number of equivalent lines '. .... :..:. ,' . '.
Head -- number of lines ....................... .... i. '.· ....
Body -- number of lines ..................................
Taft -- number of lines ...................... ' ...........
* 'Total number of lines in notice ...................... i'.
f
COMPUTATION OF CHARGES
at t~ 2~ ~j cents per line ........................ . .' .....- '.~...$
Additional charge for notices containing rule or tabular work
(50 percent of above amount) .............................. '.
Charge for extra proofs of publication ($1.00 for each proof ..
in excess of two) ........................................
TOTAL AMOUNT OF CLAIM ................. ,- . ........ $
7.'
DATA FOR COMPUTING COST
Width of single column ' f
Number of insertions [
Size of type ~ point
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Pursuant to the provisions and penalties of Chapter 155, Acts 1958,
I hereby certify that the foregoing account is Just and correct; that the mount claimed
i': 're
TO GARMELSEWAI3EWORKt~(
eltecI I:)~lss'i'l ~ a~ond the
tied the1 on E)eeefd3er 15, 1~7,
the Commofi Council adopted
Ofdlrmnce No. D-1941-97, thereby
dMermlNng to llequlre ~aln
the Cly's sewage ~o~s.
to en egmement with Hemilton
~Western Ulllltm, Inc.' ('HWU')
~ twit'?N HWU;i' The7 ~ ojtimme
hamS. A eep,/'d Oedinenee Ne; [)..
off~' '~ "~ the"
Objectlens m the pmlec~ nw/be
fled In e tim and rnlnnM provided
byi.C.'g3~.. 23.', ,,..~.:..,, ~ ..
' Dmed:-:.'~ffill-
· m,,, L,' ~,~my, .,-',,!:;. ;': v: '.
"Clerk-Treasurer"
~ .." ' :'NDL-Dee.'18
PUBLISHEKS AFFIDAVIT
State of Indiana
SS:
ltRmllton County
Personally appeared before me, a notary public in and for 'said county' and ',. ·
state, the undersigned David A. Lewis who, being duly sworn, says that he '.
is Publisher of The Daily Ledger a daily newspaper of general circulation print-
ed and published in the English language m the town of Fishers in state and
county aforesaid, and that the printed matter aTache~h~;ret.0' is a true copy,
which was duly published in said paper for the dates of pub-
if/, _ZT o ary c . ,.
.
Resident of .Z/7~ t'
, /-- County
'J~ILTO~I bO~reAd L,ITIblTI(~S' F~t~.
ENGINEER'S ESTIMATE OF COSTS
Cost of acquiring the works
Legal expenses
Expenses of rate study
Other capital expenses of placinl~ the. works in operation
Total
$ 2,975,000.00
20,000.00
20,000.00
70,000.00
3,085,000.00
~4D801 .NF, K 231154
Exhibit B