HomeMy WebLinkAboutRepealing Ordinance #8682-96ORDINANCE No. a „<.ss
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
August 26, 19 96
Presented by me to the Mayor of the City of South Bend, Indiana
City Clerk
President of Common Council
August 27, 19 96
Approved and signed by me 19
City Clerk
Mayor
ORDINANCE NO. FA4
AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
REPEALING ORDINANCE NUMBER 8682 -96
STATEMENT OF PURPOSE AND INTENT
The City of South Bend provides water service to its water
utility ratepayers through the South Bend Water Works, a municipal
utility governed by I.C. 8 -1.5.
Currently, all water rates and charges
stocks, bonds, notes, or other evidence
connection with the provision of water service
the City of South Bend must be approved by
Regulatory Commission ( "IURC "), the Boai
Commissioners, Common Council and Mayor.
and the issuance of
of indebtedness in
to the ratepayers of
the Indiana Utility
-d of Water Works
Pursuant to I.C. 8- 1.5- 3 -9.1, the South Bend Water Works may
be removed from the jurisdiction of the IURC for approval of rates
and charges and the issuance of stocks, bonds, notes or other
evidence of indebtedness if the Common Council enacts an Ordinance
removing the South Bend Water Works from IURC jurisdiction. The
Common Council enacted Ordinance 8682 -96 on May 28, 1996. I.C. 8-
1.5-3-9.1 provides that the Common Council shall certify the public
question of removal from IURC jurisdiction if it receives a
petition signed by the same number of registered voters as would be
required to place a candidate on the ballot. Acknowledging public
sentiment regarding the importance of this issue, the Common
Council adopted Resolution 2369 -96 to effectuate the certification
of the public question to the Election Board pursuant to I.C. 8-
1.5-3-9. Resolution 2369 -96 was adopted prior to the 60 -day
remonstrance period set forth in I.C. 8- 1.5- 3 -9.1.
Pursuant to I.C. 8- 1.5 -3 -9, the South Bend Water Works may be
removed from the jurisdiction of the IURC for the approval of rates
and charges and the issuances of stocks, bonds, notes, or other
indebtedness if the Common Council certifies the question of
removal to the County Election Board for submission to the
registered voters of the municipality. The Common Council, in
Resolution 2369 -96, adopted June 10, 1996, directed the City Clerk
to certify this public question to the Election Board, and that
question has been so certified.
The Common Council now desires to make it clear that the
question of withdrawal from IURC jurisdiction is being pursued
according to the procedure set forth in I.C. 8- 1.5 -3 -9.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Ordinance Number 8682 -96 is hereby repealed.
SECTION II. The process of withdrawal from IURC jurisdiction
shall be governed by I.C. 8- 1.5 -3 -9.
SECTION III. This Ordinance shall be effective upon passage
by the Common Council and approval by the Mayor.
1st READING
PUBLIC HEAPING�j
7 rd READING
;',,'OT APPROVED
REFERRED
PASSED tom'
Y -�
C�l xk
Member, South Bend Co on Council
VJ
Filed in Clerk's Office
AUG 7 -- 1996
LOi11E7 A J. DWA
C" Ci.E3ig6, q0, lii , 0i.
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
71 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA REPEALING ORDINANCE NUMBER 8682 -96
Respectfully report that they have examined the matter and that in their opinion this bill
has been recommended to the Council favorably.
Cleo Washington
Chairman
1;
' M
1865
City of South Bend
Joseph E. Kernan, Mayor
Department of Public Works
John E. Leszczynski, Director
August 1, 1996
Mr. Roland Kelly, President
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Dear Mr. Kelly:
The South Bend Water Works is asking that you consider the
attached Ordinance which will repeal Ordinance 8682 -96. That
Ordinance provides for the removal of the South Bend Water Works from
the jurisdiction of the Indiana Regulatory Commissioner pursuant to
Indiana Code 8- 1.5- 3 -9.1, and was enacted on May 28, 1996.
Prior to the 60 -day remonstrance period set forth in I.C. 8 -1.5-
3-9.1, the Common Council adopted Resolution 2369 -96 to effectuate
the certification of the public question of removal to the Election
Board pursuant to I.C. 8- 1.5 -3 -9. The question has been certified,
and will appear on the ballot in the City of South Bend in November.
Because the method of opting out of the jurisdiction of the
Commission dictates the method by which a Utility may subsequently
return to IURC jurisdiction, it is important that the Council
formally declare its intent to proceed according to the opt -out
procedure set forth in I.C. 8- 1.5 -3 -9.
Both Anne Bruneel and I are available to answer any questions
that you may have.
Att
Thank you for your consideration.
Filed in Clerk's Office
AUG 7 - 1996
LOAMAJ. Bum
Sincerely,
r
John E. Leszczynski, Director
Department of Public Works
County -City Building • South Bend, Indiana 46601 • 219/235 -9251 • TDD 219/235 -5567
Engineering Environmental Services Equipment Services
Carl,Littrell, P.E. John J. Dillon, Ph.D. Matt Chlebowski
235 -9251 277 -8515 235 -9316
FAX (219) 235 -9171 FAX (219) 277 -8980 FAX (219) 235 -9007
Transportation
Sam Hensley
235 -9444
FAX (219) 235 -9272
Water Works
John F. Stancati
235 -9322
FAX (219) 235 -9728