MOU - Establishing Utility Boundaries for South Bend and Mishawaka

Home Browse Search

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MISHAWAKA, INDIANA AND THE CITY OF SOUTH BEND, INDIANA THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 26th day of August, 2025, by and between the City of Mishawaka, Indiana, acting through its Board of Public Works ("Mishawaka"), and the City of South Bend, Indiana, acting through its Board of Public Works ("South Bend"), collectively referred to as the "Parties." WHEREAS, both Mishawaka and South Bend are Indiana municipalities who own and operate water and sewer facilities on behalf of their respective customers; and WHEREAS, consistent with the powers authorized under Indiana Code Section 36- 9-2-18, municipal units may exercise their water and sewage service powers under Indiana Code Section 36-9-2-14 and 36-9-2-16, both inside and in areas within four miles outside its corporate boundaries; and WHEREAS, on February 5, 2014, South Bend filed an ordinance titled, "An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing and Establishing Certain Boundaries for South Bend to Furnish Water and Sewage Service to the Public;" and WHEREAS, on February 13, 2014, Mishawaka filed an ordinance titled "An Ordinance Authorizing and Establishing Boundaries for Mishawaka Utilities to Furnish Water and Sewer Service to the Public Up to Four Miles Outside Mishawaka City Limits," and WHEREAS, both of the South Bend and Mishawaka ordinances were lawfully adopted by the city's respective common councils in February, 2014. NOW, THEREFORE, in consideration of the mutual promises and obligations in this MOU, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The purpose of this MOU is to formally establish the utility boundary between Mishawaka and South Bend to ensure effective coordination of municipal utility services, infrastructure planning, and service delivery. It is agreed and understood between the Parties hereto that the respective water and sewer utility boundaries are hereby established as depicted in Exhibit A, attached and incorporated herein. II. SCOPE The utility boundary as defined in Exhibits A of this MOU shall delineate the jurisdictional service areas for water and sewer. The agreed upon boundaries shall not be amended or infringed upon without the express written consent by both Parties to this MOU. III. AGREEMENT TERMS 1. Utility Service Areas o The Parties agree to abide by the utility boundary as outlined in Exhibits A.