HomeMy WebLinkAboutS-9 American Suburban Utilities AN ORDINANCE P~ATIFY~G, CONFIR. MING
AND APPR. OVtl~G A CERTAIN WRITTEN AGREE~4ENT
BETWEEN T~ TO~N OF CA~L, IND~NA ~ND ~KIC%N
S~BU~BAN UTI~T~S, INC., an Ind~na corporation, W~CH
P~OVI~ES FOR THE MUTUAL COOPE~TION OF T~ PA~TIES
~ THE ~NDLING OF SAnITArY SEWAGE COLLECTION AND
TREATMENT ~IT~N C~Y TO~S~, ~MILTON COUNTY,
~D~NA, AN~ P~OVIDING T~T AME~CAN SUBURBAN
UTILITIES, ~C. WILL AVO~ USE OF TEM~O~Y T~EATMENT
FACILIT~S AND WILL CONNECT WITH T~ SEWAGE FACILIT~S
~OVID~D AND ESTAB~S~D IN A~EE~NT ~ITH ~YSTONE
SQUARE CO~O~ TION
WHEREAS, the Town of Carmel intervened before the l~ublic Service
Commission of Indiana under Cause No. I1Z14, in which American Suburban
Utilities, Inco was granted a Certificate of Territorial Authority Noo 60,
authorizing said corporation to provide sewer service within a specified
area in southern Clay Town,hip, Hamilton County, Indiana, within which
area the Town of Carmel, pursuant to its statutory authority, had previously
~lanned to establish a sewage treatment plant and facility at 96th:and White
M~~.ver under arrangements with Keystone Square Company, and
WHEi~EAS, the Town of Carmel has now pending on appeal before the
AppM1Late Court of Indiana under Cause No. Z07Z5 seeking to set aside said
final order granting such Certificate of Territorial Authority to said corpor-
ation, but that satisfactory and agreeable terms have been reached between
American Suburban Utilities, Inc. a.nd the Town of Carmel whereby the
Town of Carmel will continue with its original plans to have installed sewage
treatment facilities at 96th and White River under arrangement with Keystone
Square Company and American Suburban Etilities, Inc. covenants not to
sue or other~vise seek to interfere with the Town:s plans to ult~-nately
acquire and purchase., said treatment facility from Keystone Square Company
under terms of an agreement 'dated February 14, 1967; and
ation of sanitary sewage facilities by both the Towfl of Carmel under its
said written agreement with Keystone Square Company and American
Suburban Utilities, Iuco
NOW THEREFORE BE IT Oi{DAINED BY THE BOAKD OF TR~3STEES
OF T~ TO~N OF CAE~L, IND~:
~.1) The agreement be~een the Board of Trustees of the Town of
Carmel, Ind~na, mnd American Snb~n ~tiliiies, Inc~, an Indiana
corporation, dated the
for the ~ed~te constraction of a sewage treatment ~cility for the Town
of ~mrmel by Keys~ne Square Oompany at 9$th mn~ ~hite ~iver ~ithout
interference, directly er indirectly, by American Suburban Utilities, Inc.
and agreement by the Town Of Oarmel to accept mhd t~eat sanitary sewage
collected by'American Mub~ban Utllit~e , ~c~ wi~in its Oerttficated Area
in Olay Township, Hamilton ~o~ty, ~d~nm,~mnd t~ same is hereby,
all things, ratified, confirmed and approved.
{Z) The said agreemen~ is ordered fiied by the Olerk Treasurer and
a copy mmd~ avai~hle at a~ times du~ing regu~r business hours ~ the
office of the ~lerk Treasurer fez inspectio~ by any interested citizen and
the appropr~le ef~cials and emp~yees of the Town of Carmel are hereby
au~hor~ed and empo~emed to do all thugs necessary and expedient in
carrying out the l~rms ~d conditions ef said agreement with American
Suburban ~t~itie s,
This ordinance shall be in Iu~ force and e~ec~ immediately from and
after its ~ssmge.
~assed and adopted by the Beard oI Trustees of the Town of Carmel,