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Home My WebLink AboutRemoving South Bend Water Works from Jurisdiction IURC ORDINANCE No. 8682-96 Passed by the Common Council of the City of South Bend, Indiana. May 28, r9 96 Attest: ( - � City Clerk ORETT' J Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana May 29, 96 ig /% .'_%i, — City Clerk LORETTA J. DUD' Approved and signed by me 6..„..„,/.4-4744..._E. Mayor ORDINANCE NO. g6 +g - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I .C. 8-1.5-3-9.1 STATEMENT AND PURPOSE OF 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 and the issuance of stocks, bonds, notes, or other evidence of indebtedness in connection with the provision of water service to the ratepayers of the City of South Bend must be approved by the Indiana Utility Regulatory Commission ("IURC") , the Board of Water Works Commissioners, Common Council and Mayor. 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 the approval of rates and charges and the issuances 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 of the City of South Bend believes it would be beneficial to the water utility ratepayers of the City of South Bend to remove the South Bend Water Works from the jurisdiction of the IURC because it would eliminate the costs and delays associated with IURC reviews . All decisions concerning just and reasonable rates and charges and the appropriate issuance of stocks, bonds, notes or other evidence of indebtedness would continue to be made by the Common Council, after approval by the Board of Water Works Commissioners and Mayor. Prior to the final hearing on this Ordinance, two (2) public meetings, at the Council Chambers on May 13, 1996 at 7: 00 p.m. , and at Century Center on May 21, 1996 at 7 : 00 p.m. , were held for the purpose of explaining the removal process under State law and for hearing comments of the public on this issue. Written notice of these public meetings was mailed by the South Bend Common Council to all South Bend Water Works ratepayers and to the Utility Regulatory Commission at leasi thirty (30) days prior to the vote of the Common Council on this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. Pursuant to I.C. 8-1 .5-3-9. 1 the South Bend Water Works shall be and hereby is removed from the jurisdiction of the Indiana Utility Regulatory Commission for the approval of rates and charges and the issuance of stocks, bonds, notes or other evidence of indebtedness . SECTION II. This Ordinance shall take affect sixty (60) days after its passage by the Common Council and approval by the Mayor subject to the provisions of I .C. 8-1 .5-3-9. 1 . Member, South end Common Co ncil st READING L/_r_/5-9C Filed in Clerk's Office PUBLIC NEARING 5-22 rd READING`j' $-` ,, APR 2 1996 1 NOT APPROVED REFERRED LDRETtAJ. DUDA CR "AEI? ' CITY CLERK SO.BEND.IN. • COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 30-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REMOVING THE SOUTH BEND WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION PURSUANT TO I.C. 8-1.5-3-9-1 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 • � SOU TH 8-*.... 0.10 ,\\ I�'II,//// .c :• `\\ �' •• City of South Bend a'W \EACE� a �\��\ Joseph E. Kernan. Mayor *-2?, a 1865 ,:n'�, Department of Public Works John E. Leszczynski, Director April 10, 1996 Members of the South Bend Common Council City Council 4th Floor, County-City Building South Bend, Indiana 46601 Dear Councilmembers: The South Bend Water Works is asking that you consider the attached ordinance requesting its removal from the involvement of the Indiana Utility Regulatory Commission(IURC). The Water Works would then follow all of the same procedures that our Wastewater Utility has always followed. We are thereby eliminating an unnecessary level of government bureaucracy for the citizens of South Bend. In the last rate adjustment this bureaucracy cost the utility an additional $119,299.76 in direct costs and another$618,000 in lost revenues as a result of over a 204 day delay in approval of the rate adjustment. Both our water and wastewater utility rates are among the lowest in the State of Indiana, a true testament to the benefits of local management and oversight. As of this date, some 249 water utilities have removed themselves from jurisdiction of the Indiana Utility Regulatory Commission. Both John Stancati and I are available to answer any questions that you may have. Thank you for your consideration. Sincerely, \------john E.Leszczynski,Director Department of Public Works Attachment c: Mayor Joseph E.Kernan John Stancati,Director, Water Works County-City Building•South Bend,Indiana 46601 •219/235-9251 •TDD 219/235-5567 Engineering Environmental Services Equipment Services Transportation Water Works Carl Littrell, P.E. John J. Dillon,Ph.D. Matt Chlebowski Sam Hensley John F. Stancati 235-9251 277-8515 235-9316 235-9444 235-9322 FAX (219) 235-9171 FAX (219) 277-8980 FAX (219) 235-9007 FAX (219) 235-9272 FAX (219) 235-9728