Removing South Bend Water Works from Jurisdiction IURC

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ORDINANCE NO. g6 +g - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I .C. 8-1.5-3-9.1 STATEMENT AND PURPOSE OF 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 and the issuance of stocks, bonds, notes, or other evidence of indebtedness in connection with the provision of water service to the ratepayers of the City of South Bend must be approved by the Indiana Utility Regulatory Commission ("IURC") , the Board of Water Works Commissioners, Common Council and Mayor. 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 the approval of rates and charges and the issuances 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 of the City of South Bend believes it would be beneficial to the water utility ratepayers of the City of South Bend to remove the South Bend Water Works from the jurisdiction of the IURC because it would eliminate the costs and delays associated with IURC reviews . All decisions concerning just and reasonable rates and charges and the appropriate issuance of stocks, bonds, notes or other evidence of indebtedness would continue to be made by the Common Council, after approval by the Board of Water Works Commissioners and Mayor. Prior to the final hearing on this Ordinance, two (2) public meetings, at the Council Chambers on May 13, 1996 at 7: 00 p.m. , and at Century Center on May 21, 1996 at 7 : 00 p.m. , were held for the purpose of explaining the removal process under State law and for hearing comments of the public on this issue. Written notice of these public meetings was mailed by the South Bend Common Council to all South Bend Water Works ratepayers and to the Utility Regulatory Commission at leasi thirty (30) days prior to the vote of the Common Council on this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: