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HomeMy WebLinkAboutMOU - Establishing Utility Boundaries for South Bend and MishawakaMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MISHAWAKA, INDIANA AND THE CITY OF SOUTH BEND, INDIANA THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 26th day of August, 2025, by and between the City of Mishawaka, Indiana, acting through its Board of Public Works ("Mishawaka"), and the City of South Bend, Indiana, acting through its Board of Public Works ("South Bend"), collectively referred to as the "Parties." WHEREAS, both Mishawaka and South Bend are Indiana municipalities who own and operate water and sewer facilities on behalf of their respective customers; and WHEREAS, consistent with the powers authorized under Indiana Code Section 36- 9-2-18, municipal units may exercise their water and sewage service powers under Indiana Code Section 36-9-2-14 and 36-9-2-16, both inside and in areas within four miles outside its corporate boundaries; and WHEREAS, on February 5, 2014, South Bend filed an ordinance titled, "An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing and Establishing Certain Boundaries for South Bend to Furnish Water and Sewage Service to the Public;" and WHEREAS, on February 13, 2014, Mishawaka filed an ordinance titled "An Ordinance Authorizing and Establishing Boundaries for Mishawaka Utilities to Furnish Water and Sewer Service to the Public Up to Four Miles Outside Mishawaka City Limits," and WHEREAS, both of the South Bend and Mishawaka ordinances were lawfully adopted by the city's respective common councils in February, 2014. NOW, THEREFORE, in consideration of the mutual promises and obligations in this MOU, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The purpose of this MOU is to formally establish the utility boundary between Mishawaka and South Bend to ensure effective coordination of municipal utility services, infrastructure planning, and service delivery. It is agreed and understood between the Parties hereto that the respective water and sewer utility boundaries are hereby established as depicted in Exhibit A, attached and incorporated herein. II. SCOPE The utility boundary as defined in Exhibits A of this MOU shall delineate the jurisdictional service areas for water and sewer. The agreed upon boundaries shall not be amended or infringed upon without the express written consent by both Parties to this MOU. III. AGREEMENT TERMS 1. Utility Service Areas o The Parties agree to abide by the utility boundary as outlined in Exhibits A. o The Parties agree that the Exhibits in this MOU shall be the utility boundaries used if and when filing or intervening in any territory related matter with the Indiana Utility Regulatory Commission. o Each Party shall have a right of first refusal to provide and maintain utility services within their respective designated boundaries depicted in Exhibit A. The Parties may accept or decline to extend service to such areas in their sole discretion. o Joint infrastructure projects may be considered, subject to separate agreements. 2. Dispute Resolution o In the event of a dispute regarding the utility boundary or service provision, the Parties agree to engage in good -faith negotiations to resolve the matter. o If necessary, mediation by a neutral third party may be utilized. 3. Article VII. General Provisions o Amendment. The Parties, by mutual agreement in writing, may amend, modify and supplement this MOU. The failure of any Party to enforce at any time any provision of this MOU shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this MOU or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this MOU shall be held to constitute a waiver of any other or subsequent breach. o Assignment. No Party may assign this MOU or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other Party. o Entire Agreement. This MOU, as it may be amended from time to time, encompasses the entire agreement of the Parties concerning its subject matter, and no understanding, discussion, negotiation, or agreement will be binding on the Parties unless it is set forth herein. Without limiting the generality of the foregoing sentence, the Parties agree that this MOU supersedes and replaces any and all pre- existing agreements or memorandums of understanding. o Severability. Should any part of this MOU be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein, nor this MOU as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. o Counterparts. This MOU may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same Agreement. o Governing Law and Jurisdiction. This MOU shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this MOU shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St. Joseph County, Indiana. IV. EFFECTIVE DATE & DURATION This MOU shall become effective upon signature by both Parties and shall remain in effect unless amended or terminated by mutual agreement. City of Mishawaka, Indiana Board of Public Works Clerk CITY OF MISHAWAKA, INDIANA Dave Wood, Mayor CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS IL Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member '11/—Z 7Tt Joseph R. Molnar, Vice President BreanaMicou, Member dujf 40�ff_' Attest: Hillary R. Horvath, Clerk Date: August 26, 2025 CITY OF SOUTH BEND, INDIANA James Mueller, Mayor Date: Date: