Repealing Ordinance #8682-96 - Laserfiche WebLink

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ORDINANCE NO. FA4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING ORDINANCE NUMBER 8682 -96 STATEMENT OF PURPOSE AND INTENT The City of South Bend provides water service to its water utility ratepayers through the South Bend Water Works, a municipal utility governed by I.C. 8 -1.5. Currently, all water rates and charges stocks, bonds, notes, or other evidence connection with the provision of water service the City of South Bend must be approved by Regulatory Commission ( "IURC "), the Boai Commissioners, Common Council and Mayor. and the issuance of of indebtedness in to the ratepayers of the Indiana Utility -d of Water Works Pursuant to I.C. 8- 1.5- 3 -9.1, the South Bend Water Works may be removed from the jurisdiction of the IURC for approval of rates and charges and the issuance of stocks, bonds, notes or other evidence of indebtedness if the Common Council enacts an Ordinance removing the South Bend Water Works from IURC jurisdiction. The Common Council enacted Ordinance 8682 -96 on May 28, 1996. I.C. 8- 1.5-3-9.1 provides that the Common Council shall certify the public question of removal from IURC jurisdiction if it receives a petition signed by the same number of registered voters as would be required to place a candidate on the ballot. Acknowledging public sentiment regarding the importance of this issue, the Common Council adopted Resolution 2369 -96 to effectuate the certification of the public question to the Election Board pursuant to I.C. 8- 1.5-3-9. Resolution 2369 -96 was adopted prior to the 60 -day remonstrance period set forth in I.C. 8- 1.5- 3 -9.1. Pursuant to I.C. 8- 1.5 -3 -9, the South Bend Water Works may be removed from the jurisdiction of the IURC for the approval of rates and charges and the issuances of stocks, bonds, notes, or other indebtedness if the Common Council certifies the question of removal to the County Election Board for submission to the registered voters of the municipality. The Common Council, in Resolution 2369 -96, adopted June 10, 1996, directed the City Clerk to certify this public question to the Election Board, and that question has been so certified. The Common Council now desires to make it clear that the question of withdrawal from IURC jurisdiction is being pursued according to the procedure set forth in I.C. 8- 1.5 -3 -9.