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RESOLUTION NO. <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING SPECIAL RATE AGREEMENT WITH UN TEK, <br />LP AND UN KOTE LP PURSUANT TO CITY CODE SECTION 17 -29 <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the <br />"Board ") is authorized under City Code Section 17 -29 ( "Ordinance ") to enter into a <br />special rate contract with customers of the sewage works where clearly identifiable <br />reduction in cost to the sewage works can be determined with any reduction being limited <br />to such reduced costs; and <br />WHEREAS, the Board entered into a special rate contract with I/N Tek L.P. and <br />I/N Kote, L.P. ( "Agreement ") after holding a public hearing at its regularly scheduled <br />meeting of February 14, 2017, receiving written evidence as required by the Ordinance <br />and finding the rate reduction in the Agreement does not exceed the reduction in costs to <br />the sewage work ( "Board's Action "); and <br />WHEREAS, the Agreement is attached hereto and made a part hereof as Exhibit <br />"A "• and <br />WHEREAS, the Ordinance requires before any special rate contract to become <br />effective the Common Council must adopt a resolution ratifying the Board's Action. <br />WHEREAS, the Common Council desires to adopt a resolution ratifying the <br />Board's Action finding the Agreement complies with the terms and conditions of the <br />Ordinance including the written information provided the Board and contained in the <br />Agreement which justifies the rate reduction. <br />NOW THEREFORE, BE IT RESOLVED by the Common Council of the City <br />of South Bend, Indiana, as follows: <br />SECTION I. That the Common Council hereby ratifies the Board's Action, and <br />the Agreement by this ratification is effective subject to the terms of this Resolution. <br />SECTION H. That the Common Council hereby authorizes the Board to take <br />such actions necessary to enforce the terms of the Agreement including but not limited to <br />requiring UN Tek & Kote to annually present on or before August 30 of each year <br />relevant data to show the "clearly definable reduction in costs to the sewage works." <br />SECTION III. That this resolution shall be in full force and effect from and after <br />its adoption by the Common Council. <br />Member of the Common <br />PRtSENTED <br />NOT APPROW <br />A r)nP -- <br />unfIled in Clerk's Office <br />FEB 2 2 2017 <br />KAREEMAH FOWLER <br />CITY CLERK, SOUTH BEND, IN <br />