Authorizing and Establishing Certain Boundaries for South Bend to Furnish Water & Sewage Service to the Public

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Bill No. 07 -14 ORDINANCE NO. I OZQ �I —( 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 STATEMENT OF PURPOSE AND INTENT The City of South Bend has a population over 35,000, and, accordingly, it is a second class city as defined at Indiana Code Section 36- 4- 1 -1(a), and a "municipality" under I.C. 36 -1- 2-11, as well as a "unit" within the definition of I.C. 36- 1 -2 -23. Currently, the City of South Bend regulates the furnishing to the public of water, under I.C. 36- 9 -2 -14, and the services of collecting, processing and disposing of waste substances and domestic or sanitary sewage, including the regulation of charges for such services authorized by 36- 9 -2 -16. Pursuant to I.C. Section 36- 9 -2 -18, South Bend, as a municipal unit, may exercise its water and sewage service powers under I.C. 36- 9 -2 -14 and 36- 9 -2 -16, both inside and in areas within four miles outside its corporate boundaries. To promote the orderly and logical growth of the South Bend municipality 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 sewage service in the Regulated Territory; and to protect South Bend's investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in South Bend's best interest to create a South Bend Water and Sewage Utility Service Territory within four miles of South Bend's corporate limits. The designated Service Territory does not include areas within the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from other existing water or sewage utilities as of the date this ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. It is necessary and in the best interests of the City of South Bend and members of the public that the City of South Bend regulate and furnish water and sewage services within an area up to four miles outside the City of South Bend's corporate limits excluding areas within the corporate limits of the City of Mishawaka and excluding customers