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HomeMy WebLinkAboutAdopting Applicable Statutory Basis for the Operation of the South Bend Water WorksORDINANCE No 7235-83 Passed by the Common Council of the City of South Bend, Indiana August 23, 19 83 " r / �)-. " � � IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana August 24, 19 83 City Clerk of Common Council IRENE K. GAMMON Approved and signed by me 14 �9 U Clerk ORDINANCE NO. 7235 -83 AN ORDINANCE ADOPTING I.C. 8 -1.5 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND WATER WORKS. STATEMENT OF PURPOSE AND INTENT: Due to the recodification and repeal of certain Indiana statutes as of September 1, 1983, it is necessary for the Common Council to adopt an ordinance establishing the operation of the South Bend Water Works pursuant to Title 8 of the Indiana Code. Indiana Code 8 -1.5 -4 provides for the operation of the Department of Water Works by a board of directors. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND THAT: SECTION I. As of September 1, 1983, the South Bend Department of Water Works shall be operated by a three member board of directors pursuant to I.C. 8- 1.5 -4, Sections 8- 1.5 -4 -1 through 8- 1.5 -4 -19, and as may be amended from time to time. SECTION II. The terms of the directors shall be for three (3) years but in order to provide for staggered terms for directors, the initial terms of the directors shall be as follows: 1 year for one director, two years for one director, and three years for one director. SECTION III. Compensation paid to the directors shall not exceed that paid to the members of the Board of Public Safety. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Comm Council 1st READING e' 9-- ff 3 PUBLIC HEARING -,p -) g,_3 2nd READING NOT APPROVED REFERRED PASSED , � _ �� OM OL- OFFICE OF THE MAYOR CITY ®f SOUTH BEAD ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 August 3, 1983 Mrs. Beverlie Beck President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Water Works Ordinance Dear Beverlie: AREA 219 284 -9261 Effective September 1, 1983, I will appoint citizens who are not City employees to serve on the Board of the Water Works. Presently, the City Engineer, the City Attorney and the City Controller who are on the Board of Public Works also serve as the Commissioners of the Water Works. A citizen Board of the Water Works will permit outside oversight of the Water Works operations by individuals with new skills and viewpoints. I have been thinking about appointing citizens to the Water Works Board for several years and have decided to do so now for a number of reasons. First, we will be transferring a top - flight operation to a citizen Board because of the excellent work of the present Water Works Commissioners and Mr. Michael Vance, Director of Utilities. The Water Commissioners and Mr. Vance have instituted new computer operations, adminis- trative procedures have been streamlined, difficult matters such as the suit over the pollution of the Olive Street Well Field have been resolved and the Water Works itself has been put on a much sounder financial basis than it was three years ago. OFFICE OF THE MAYOR SOUTH BEND, INDIANA Mrs. Beverlie Beck -2- August 3, 1983 The second reason for making the change effective September 1, 1983 is a new state law I.C. 8 -1.5 4. This new state law is the statutory basis for the operation of the South Bend Water Works as outlined in the attached ordinance. The munici- pality can adopt a number of different approaches for its governing Board. One of the approaches is that of continuing with the present system of a municipal Water Works Board. It makes sense to move ahead with a proposal for a citizen Water Works Board at this time because we could adopt on September lst the kind of Board which allows its members to be citizens, much in the same manner of the Board of Public Safety. The ordinance being filed today with the City Council will, in contrast with the current staff board, allow for a governing board whose members can be selected from the general public. I urge your favorable consideration of this ordinance. Since ly, Roge 0. Parent f�nntmi#t�er ��e�.ar# Mo toe Tommon Mandl of Or (Ctty of 0OW4 frnd: Your Committee OF THE WHOLE to whom was referred 85 -83 A BILL ADOPTING I.C. 8 -1.5 -4 AS THE APPLICABLE STATUTORY BASIS FOR THE OPERATION OF THE SOUTH BEND WATER WORKS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. RAYMOND ZIELINSKI Chairman RRBB PRBBB PUBLISHING CO.