9691-06 Amend Chapter 17 - Special Rate Contract for Sewer Service

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Substitute Version of July 24, 2006 Ordinance No. ~ ~ `~ l - 0~ Substitute Bill No. 19-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE STATEMENT OF PURPOSE AND INTENT On November 29, 1988, Ordinance No. 7942-88 was passed by the South Bend Common Council. That particular ordinance was twenty-nine (29) legal size pages in length and reflected over a year of work by the City Administration and the Council to "bring the sewage works utility to operational stability and financial solvency". The ordinance was "one of the final steps...in order to improve the wastewater treatment plant and ensure compliance with out new operating permit [which] is being funded by a grant totaling thirteen million seven hundred fifty- four thousand three hundred twenty-five dollars ($13,754,325) from the Environmental Protection Agency and the State of Indiana Department of Environmental Management". An additional $9.5 million was to be raised by the city through the rate structure. The Board of Public Works adopted Resolution No. 35-1988 which recommended the passage of Ordinance No. 7942-88. Included in that 1988 ordinance was one (1) sentence which became codified as Section 17-29 of the South Bend Municipal Code under the title "Authorization to Enter into Special Rate Contracts". This proposed ordinance amends that provision so that there is a public process involving the Common Council when such special rate contracts are proposed, amended or extended with updates being required to be given to the Council's Utilities Committee by each entity seeking such special rate consideration. The amendments set forth in this ordinance are deemed to be in the best interests of the public. They are aimed to enhance the overall process so that there is increased access, knowledge, awareness and the opportunity to inquiry about the details of special rate contracts. are considered for sewer customers, so that the Common Council would be timely apprised of the details of such requests. ~~, t/er~~re, 6e i~ a~dai~zecG by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 17, Article 2, Division 5 Section 17-29 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 17-29 Authorization to Enter Into Special Rate Contracts/Council Resolution Re uq fired.