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HomeMy Public PortalAbout057-2010 - Public Private Agreement - RPLORDINANCE NO. 57-2010 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ADOPTING THE PROVISIONS OF I.C. 5-23 AUTHORIZING PUBLIC -PRIVATE AGREEMENTS WHEREAS, the City of Richmond, Indiana owns and operates its own electric utility, Richmond Power & Light Company, under the supervision and control of the Board of Directors (hereinafter "Board") of Richmond Power & Light Company (hereinafter "RP&L"), under I.C. 8-1.5-3-4; and WHEREAS, Common Council of the City of Richmond, Indiana (the "Council"), is the legislative body for RP&L; and WHEREAS, under I.C. § 5-23-3-1 and I.C. § 5-23-4-1, a governmental body may enter into agreements with an operator for the construction, operation, maintenance, repair, or management of a public facility; and WHEREAS, prior to entering into any public -private agreement under I.C. § 5-23, et seq. (the "Act"), it is necessary for the legislative body of the political subdivision, or if the political subdivision does not have a legislative body, the fiscal body of the political subdivision, to adopt the provisions of the Act, by resolution or ordinance; and WHEREAS, the Board has recommended to the Council that it adopt by Ordinance the provisions of the Act for the purposes of entering into an agreement for the construction, operation, management, repair, and maintenance of a project to gasify municipal solid waste to create electricity and other products (the "Agreement"). NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond as follows: Section 1. The Council has reviewed the provisions governing public -private agreements set forth in the Act and hereby adopts the provisions of the Act for the purposes of entering into an agreement for the construction, operation, management, repair, and maintenance of a project to gasify municipal solid waste to create electricity and other products (the "Agreement"). Section 2. One (1) copy of this Ordinance shall be kept on file for public inspection with the Clerk for the City. Section 3. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. Passed and adopted by the Common Council of the City of Richmond, Indiana, this _6th day of December, 2010. RICHMOND COMMON COUNCIL _S/S J. Clams President J. Clayton Miller ATTEST: _S/S Karen Chasteen City Clerk Karen Chasteen PRESENTED to the Mayor of the City of Richmond, Indiana, this _7th _ day of _December_, 2010, at 9:00 a.m. _S/S Karen Chasteen City Clerk Karen Chasteen APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _7th day of December 2010, at 9:05 a.m. _S/S Sarah L. Hutton Mayor Sarah L. Hutton ATTEST: _S/S Karen Chasteen City Clerk Karen Chasteen 2