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Home My WebLink About9691-06 Amend Chapter 17 - Special Rate Contract for Sewer ServiceORDINANCE No. 9691-06 Passed by the Common Council of the Ciry of South Bend, Indiana August 14, Attest: Attest: 20 06 Presented by me to the Mayor of the City of South Bend, Indiana August 15, 20 06 City Clerk President of Common Council Ciry Clerk Approved and signed by me Au ~ u s t 16 , 20 0 6 nr~ Substitute Version of July 24, 2006 Ordinance No. ~ ~ `~ l - 0~ Substitute Bill No. 19-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE STATEMENT OF PURPOSE AND INTENT On November 29, 1988, Ordinance No. 7942-88 was passed by the South Bend Common Council. That particular ordinance was twenty-nine (29) legal size pages in length and reflected over a year of work by the City Administration and the Council to "bring the sewage works utility to operational stability and financial solvency". The ordinance was "one of the final steps...in order to improve the wastewater treatment plant and ensure compliance with out new operating permit [which] is being funded by a grant totaling thirteen million seven hundred fifty- four thousand three hundred twenty-five dollars ($13,754,325) from the Environmental Protection Agency and the State of Indiana Department of Environmental Management". An additional $9.5 million was to be raised by the city through the rate structure. The Board of Public Works adopted Resolution No. 35-1988 which recommended the passage of Ordinance No. 7942-88. Included in that 1988 ordinance was one (1) sentence which became codified as Section 17-29 of the South Bend Municipal Code under the title "Authorization to Enter into Special Rate Contracts". This proposed ordinance amends that provision so that there is a public process involving the Common Council when such special rate contracts are proposed, amended or extended with updates being required to be given to the Council's Utilities Committee by each entity seeking such special rate consideration. The amendments set forth in this ordinance are deemed to be in the best interests of the public. They are aimed to enhance the overall process so that there is increased access, knowledge, awareness and the opportunity to inquiry about the details of special rate contracts. are considered for sewer customers, so that the Common Council would be timely apprised of the details of such requests. ~~, t/er~~re, 6e i~ a~dai~zecG by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 17, Article 2, Division 5 Section 17-29 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 17-29 Authorization to Enter Into Special Rate Contracts/Council Resolution Re uq fired. Substitute Bill No. 19-06 Special Sewer Rate Contract Ordinance Page 2 The Board is herel}y further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined with a~reduction being limited to such reduced costs. Such contracts shall only become effective upon the adoption of a Council Resolution ratifying the Board's action. Contracts which are currently in effect which may contain clauses which authorize automatic extensions and/or language that the agreement/contract may be modified b~mutual written agreement of the parties will only become effective or extended beyond the original term upon the adoption of a Council Resolution ratif~ng such extension containing modification(s) and/or modifications. The party seeking a special rate contract consideration a modification or extension containing modification(s) shall have the burden of proof, by bein required to provide written information detailin tg he specifics substantiating the resulting "clearly definable reduction in cost to the sewage works". The ~~ seeking a special rate contract, a modification or extension containing modification(s), shall annually present relevant data to the Council's Utility Committee no later than August 30th of each dear. Additionally. the Board shall forward to the Office of the City Clerk a copy of the proposed special rate contract and the detailed information which support the Board's finding that there will be a "clearly definable reduction in cost to the sewage works", all of which shall accompany the proposed Council Resolution and its cover letter. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. ~i~~ ~. ~, Council Member Al " ddy" Kirsits Utility Committee Chairperson South-B d Commoner Council Co Member David Varner Public Works and Property Vacation Committee Chairperson South Bend Common Council City Clerk • Indiana Code § 36-9-23-25, states in part that "The municipal legislative body, shall, by ordinance, establish just and equitable fees for the services rendered by the sewage works, and provide the dates on which the fees are due...The municipal legislative body may exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, based on variations in: (1) the costs, including capital expenditures, of furnishing services to various classes of users or to various locations; or (2) the number of users in various locations". (Emphasis added) Substitute Bill No. 19-06 Special Sewer Rate Contract Ordinance Page 3 ~~~dby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~ day of u s~ 2006, at 1 '~ ~~ o'clock ~. m. L Janice lboom, Deputy Clerk ~~ed ~.Zd.~~d by me on the ~ day of f , 2006, at ~ o'clock ~.m. '~'' Stephen J. Lue e Mayor of the City of South Bend, Indiana 1st READING 3-Z1y04~ 0.~ s~~f~-,~~ PUBLIC HEARING ~ \I~ ~ ~~ 3rd READING ~_ l Ob ~~ ~U ~J i S NOT APPROVED REFERRED PASSED ~''- l ~~ _d ~ Q-S f w~ S~ ~~ Filed In Clerk's Office Jau~ ~ 4 zoos JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 19-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by using the short version of the bill dated July 24th. Karen L. White Chairperson