May 22, 2013
7pm – Wendy Gillund, Kathleen Hale, and George Skipper
-reviewed NOPEC grant data to fill out yearly form
-reviewed legislation Georg provided. Email Law director for status
-compared existing water agreement with new.
All attached exhibits are missing. Contact Jeff Filarski for attachments
1. Has Bentleyville previously entered into the Economic Development Agreement referred to in the Recitals, section 4, and in Article 29 of the Restatement? As I read Article 29, if we have not, we cannot execute the Restatement. A brief ransacking of the Ordinances and Minutes in the Conference Room didn't result in confirmation that we did sign on, back in 2006, when it was proposed. Section 5 of the Recitals section of the Restatement seems to anticipate a situation in which a signing Municipality has not previously signed on to several earlier agreements, including the Economic Development Agreement, but I don't see how that can be reconciled with Article 29.01, which provides, "The parties agree that, as a condition of this Amendment, MUNICIPALITY and PURVEYOR have entered into the Economic Development Agreement, a form of which is attached to this Amendment."
2. Will the proposed Restatement be itself amended, as was the 1984 Agreement, to correctly delineate which areas of Bentleyville are subject to the Agreement (as Restated)? The current language refers throughout to Cleveland being the sole provider of water to the Village. We would either need to revise the Restatement before executing it, or concurrently sign another corrective document, like the 1984 Memorandum of Understanding. Is that the plan?
The committee recommends that the ordinance not be on the agenda until these questions are answered and the attachments are received and reviewed. We emailed the law director and requested that he attend the next Utilities meeting, June 26 at 7pm.
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