4618-17 Approving Special Rate Agreement with I/N TEK, I/N KOTE LP

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RESOLUTION NO. M A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING SPECIAL RATE AGREEMENT WITH UN TEK, LP AND I/N KOTE LP PURSUANT TO CITY CODE SECTION 17 -29 WHEREAS, the City of South- Bend, Indiana, Board of Public Works (the "Board ") is authorized under City Code Section 17 -29 ( "Ordinance ") to enter into a special rate contract with customers of the sewage works where clearly identifiable reduction in cost to the sewage works can be determined with any reduction being limited to such reduced costs; and WHEREAS, the Board entered into a special rate contract with I/N Tek L.P. and I/N Kote, L.P. ( "Agreement ") after holding a public hearing at its regularly scheduled meeting of February 14, 2017, receiving written evidence as required by the Ordinance and finding the rate reduction in the Agreement does not exceed the reduction in costs to the sewage work ( "Board's Action "); and WHEREAS, the Agreement is attached hereto and made a part hereof as Exhibit "A "• and WHEREAS, the Ordinance requires before any special rate contract to become effective the Common Council must adopt a resolution ratifying the Board's Action. WHEREAS, the Common Council desires to adopt a resolution ratifying the Board's Action finding the Agreement complies with the terms and conditions of the Ordinance including the written information provided the Board and contained in the Agreement which justifies the rate reduction. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby ratifies the Board's Action, and the Agreement by this ratification is effective subject to the terms of this Resolution. SECTION H. That the Common Council hereby authorizes the Board to take such actions necessary to enforce the terms of the Agreement including but not limited to requiring I/N Tek & Kote to annually present on or before August 30 of each year relevant data to show the "clearly definable reduction in costs to the sewage works." SECTION III. That this resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common PRtSENTELS A(--' An ." 11 NOT APPROW, }� j in Clerk's Office FEB 2 2 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN