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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR <br />DEPARTMENT OF PUBLIC WORKS <br />February 5, 2014 <br />Mr. Oliver Davis <br />President, South Bend Common Council <br />4th Floor County City Building <br />South Bend IN 46601 <br />Re: Ordinance To Establish Certain Boundaries for Sewer & Water Utilities <br />Dear President Davis: <br />Recently, the Indiana Court of Appeals in a landmark, unanimous decision titled <br />Town of Newburgh v. Town of Chandler held that a city or town can obtain exclusive jurisdiction <br />to provide sewer service in a territory outside its borders so long as it is the first entity to enact <br />an ordinance declaring the exclusive right to serve that territory. The Court determined that <br />the proper way for a city to exercise this authority is to enact an ordinance declaring itself the <br />exclusive sewer provider for the territory. <br />Attached for filing with the South Bend Common Council is an ordinance which mirrors <br />the language of the successful ordinance in Town of Newburgh V. Town of Chandler. It would <br />extend the service area of the South Bend sewer and water utilities to a geographic area extending four <br />miles from the City of South Bend's corporate boundaries, excluding areas which fall within Mishawaka's <br />corporate limits. <br />We hope the Council will adopt this ordinance in the best interests of the City of South Bend. I <br />will present it to the Common Council at the appropriate Committee meeting and at the public hearing. <br />Thank you for consideration of this ordinance. <br />Sincerely, <br />Eric Horvath v <br />Director, South Bend Public <br />;fed in Clerk's <br />v t�� <br />r' leC` 0. 1'&,' LE".t386,:s�aid'i�.eSt+f@?,nSF: <br />