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