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RESOLUTION NO. a - 6 <br />A RESOLUTION OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, SUBMITTING THE QUESTION <br />OF REMOVAL OF THE WATER WORKS FROM THE JURISDICTION <br />OF THE INDIANA UTILITY REGULATORY COMMISSION <br />TO THE REGISTERED VOTERS OF THE MUNICIPALITY <br />WHEREAS, the City of South Bend provides water service to its <br />water utility ratepayers through the South Bend Water Works, a <br />municipal utility governed by I.C. 8 -1.5; and <br />WHEREAS, currently, all water rates and charges and the <br />issuance of stocks, bonds, notes, or other evidence of indebtedness <br />in connection with the provision of water service to the ratepayers <br />of the City of South Bend must be approved by the Indiana Utility <br />Regulatory Commission ( "IURC "), the Board of Water Works <br />Commissioners, Common Council and Mayor; and <br />WHEREAS, the City has the option of removing itself from the <br />jurisdiction of the IURC for the approval of rates and charges and <br />the issuances of stocks, bonds, notes or other evidence of <br />indebtedness under Indiana Code Section 8- 1.5 -3 -9; and <br />WHEREAS, the Common Council of the City of South Bend believes <br />it would be beneficial to the water utility ratepayers of the City <br />of South Bend to remove the South Bend Water Works from the <br />jurisdiction of the IURC because it would eliminate the costs and <br />delays associated with IURC reviews. All decisions concerning just <br />and reasonable rates and charges and the appropriate issuance of <br />stocks, bonds, notes or other evidence of indebtedness would <br />continue to be made by the Common Council, after approval by the <br />Board of Water Works Commissioners and Mayor. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />SECTION I. The City Clerk shall certify the following public <br />question to the St. Joseph County Election Board: <br />"Shall the municipally owned utility be taken <br />out of the jurisdiction of the Utility <br />Regulatory Commission for approval of rates <br />and charges and of the issuance of stocks, <br />bonds, notes, or other evidence of <br />indebtedness ? ". <br />SECTION II. This <br />effect from and after its <br />PRESENTED 6-ID- 'b <br />NOT APPROVED <br />ADOPTED 6 <br />resolution shall be in full force and <br />adoption, by he Common ouncil. <br />tee-, <br />Member, South Bend Commo Council <br />