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

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Section II. The Regulated Territory to be serviced by the City's water and sewer utilities pursuant to this ordinance is identified and depicted in the Map attached hereto and incorporated herein, a copy of which shall be available for public inspection in the offices of the South Bend Department of Public Works and in the offices of the South Bend City Clerk. Section III. Upon adoption of this Ordinance, the City's sewer utility, the South Bend Bureau of Wastewater, shall hold an exclusive license to furnish sewage service under I.C. 36-9-2-16 within the Regulated Territory, subject to applicable State law and the continuing rights of any utility lawfully providing sewage service within the Regulated Territory as of the date this Ordinance. Section IV. Upon the adoption of this Ordinance, the City's water utility, the South Bend Water Works, shall hold an exclusive license to furnish water service under I.C. 36- 9 -2-14 within the Regulated Territory, subject to applicable State law and the continuing rights of any utility lawfully providing water service within the Regulated Territory as of the date this Ordinance is adopted. Section V. This Ordinance shall not be construed to prohibit an individual property owner within the Regulated Territory depicted on the attached Map from providing water service to such property owner' s lot through the drilling of a well on such property if otherwise permissible under State and all applicable local law in addition to approval from the City; provided, however, that water from such well shall not be used to provide water service to owners or lessees of other properties. Section VI. The City's Municipal Utilities Rules and Regulations govern the City's water and sewer utilities in a manner consistent in Chapter 17 of the South Bend Municipal Code and State law, and as determined by the Board of Public Works from time to time, shall apply to and shall be fully enforceable by the City of South Bend within the Regulated Territory. Section VII. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terms, provisions or portions of this Ordinance for Regulated Territory shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable for the remaining terms and shall in no way affect the validity of the other provisions of this Ordinance. Section VIII. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor.