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ORDINANCE NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, <br />OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND <br />CHARGES INCREMENTALLY THROUGH 2013 <br />STATEMENT OF PURPOSE AND INTENT <br />On November 28, 2005 South Bend enacted a sewer rate adjustment through Ordinance <br />#9639 -05 which set rates for the years 2006 through 2009. At this time the 2009 rates in <br />Ordinance #9639 -05 apply to South Bend's sewer utility customers. <br />South Bend is under a mandate from the federal Environmental Protection Agency (EPA) <br />to greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance <br />with the CIean Water Act. The cost of meeting this mandate and protecting the St. Joseph River <br />is substantial, and South Bend has prudently planned for this remediation through a 20 year <br />environmental infrastructure improvement and replacement process. The cost of river protection <br />through improvements to the sewage utility's infrastructure is financed through sewer rates, and <br />South Bend's current rates are inadequate to cover EPA mandated changes to the City's sewage <br />treatment system. Additionally, South Bend's basic costs of operation and maintenance of its <br />sewer utility have increased despite innovative cost savings programs initiated by the City's <br />Environmental Services Department. <br />It, therefore, becomes necessary to increase sewage utility rates across the board for all <br />users and it is prudent to do so on an incremental basis to correspond with expected increased <br />costs of Clean Water Act remediation, and the expected increased costs of general operation and <br />maintenance. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND as follows: <br />Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal <br />Code be and hereby is amended to read as follows: <br />Section 17 -20. Rates established. <br />Every person whose premises are served by said sewage works shall be charged for the service <br />provided. These charges are established in order that the sewage works shall recover revenue <br />which is proportional to its use of the treatment works in terms of volume and load. User charges <br />are levied to defray the cost of operation and maintenance (including replacement) of the <br />