Directing a public question on withdrawal from IURC jurisdiection

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RESOLUTION NO. 3 g~ ?-~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DIRECTING A PUBLIC QUESTION ON WITHDRAWAL FROM IURC JURISDICTION. WHEREAS, the City of South Bend owns and operates a water utility; and WHEREAS, this Council has determined that it would be in the best interests of the City and its citizens for the City's water utility to be removed from the jurisdiction of the Indiana Utility Regulatory Commission ("Commission") so that the citizens of South Bend will have more direct control of the utility's rates; and WHEREAS, pursuant to Ind. Code § 8-1.5-3-9, a municipal legislative body that wishes to withdraw from the jurisdiction of the Indiana Utility Regulatory Commission may submit such withdrawal as a public question to the registered voters of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The following public question should be submitted to the registered voters of the City of South Bend at the next election in the form prescribed by Ind. Code § 3-10-9-4: Shall the municipally owned utility be taken out of the jurisdiction of the utility regulatory commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness? Section II. The public question quoted herein shall be certified to the County Election Board for St. Joseph County. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. ~~ Member e Common Council PRESENTED ~ ~~'~~ NOT APPROVED ADOPTED ?,~-c'J~ ~i{er' in G~n~'tc'~ 1~~-iCL' JUL 2 ' 2008 ~I{t}3~~ ~tlL'~fi:l: CITY C?__~ =:~~..~`_:,,~ its.