12-26 Ordinance Establishing Certain Boundaries for South Bend Utility Service

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BILL NO. 12-26 RESOLUTION NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND UTILITIES TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana("City") qualifies as a second class city under Indiana Code Section 36-4-1-1(a), and a municipality under Indiana Code 36-1-2-11, as well as a unit within the definition of Indiana Code 36-1-2-23. Currently, the City regulates the furnishing to the public of water under Indiana Code 36-9-2-14, and the services of collecting, processing, and disposing of waste substances and domestic or sanitary sewage, including the regulation of fees for such services under Indiana Code 36-9-2-16. Pursuant to Indiana Code 36-9-2-18, the City may exercise its water and sewage service powers under Indiana Code 36-9-2-14 and Indiana Code 36-9-2-16 respectively,both inside the City's corporate boundaries as well as in areas within four(4)miles outside such corporate boundaries. To promote the orderly and logical growth of the City utility services to areas presently outside its boundaries where residential, commercial, industrial, technological and other urban development is occurring or is likely to occur, to provide the most efficient method of furnishing water and sewer services to a regulated territory; and to protect the City's financial investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in the City's best interests to codify a South Bend Water and Sewage Utility Service Territory to include both the City's corporate limits and a four(4)mile radius within said corporate limits, provided that this territory does not include the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from any other existing water or sewage utility as of the date this ordinance is adopted("Regulated Territory"). This ordinance shall supersede and replace Ordinance No. 10294-14, dated February 25, 2014 in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is necessary and in the best interests of the City of South Bend, Indiana("City") and members of the public that the City regulate and furnish water and sewage services within an area up to four miles outside the City's corporate limits excluding areas within the corporate limits of the City of Mishawaka or any other lawfully established utility service territories as of the date this ordinance is adopted.