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HomeMy WebLinkAbout11265-26 Ordinance Establishing Certain Boundaries for South Bend Utility Service ORDINANCE No . 11265-26 Passed by the Common Council of the City of South Bend, Indiana March 23, 20 26 LAttest: 01City Clerk Bianca L. Tirado Attest: President of Common Council 0). Presented by me to the Mayor of the City of South Bend, Indiana March 24, 20 26 eltakWrj . ),1 A"c.".......-----City Clerk Bian L. Tirado Approved and signed by me N1(MCL 1I)l 20 26 riut— --- Mayor f SOvrk V A f •`_Na 6' � I {` ate BILL NO. 12-26 RESOLUTION NO. 11265-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND UTILITIES TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana("City") qualifies as a second class city under Indiana Code Section 36-4-1-1(a), and a municipality under Indiana Code 36-1-2-11, as well as a unit within the definition of Indiana Code 36-1-2-23. Currently, the City regulates the furnishing to the public of water under Indiana Code 36-9-2-14, and the services of collecting, processing, and disposing of waste substances and domestic or sanitary sewage, including the regulation of fees for such services under Indiana Code 36-9-2-16. Pursuant to Indiana Code 36-9-2-18, the City may exercise its water and sewage service powers under Indiana Code 36-9-2-14 and Indiana Code 36-9-2-16 respectively, both inside the City's corporate boundaries as well as in areas within four(4) miles outside such corporate boundaries. To promote the orderly and logical growth of the City utility services to areas presently outside its boundaries where residential, commercial, industrial, technological and other urban development is occurring or is likely to occur, to provide the most efficient method of furnishing water and sewer services to a regulated territory; and to protect the City's financial investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in the City's best interests to codify a South Bend Water and Sewage Utility Service Territory to include both the City's corporate limits and a four(4) mile radius within said corporate limits, provided that this territory does not include the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from any other existing water or sewage utility as of the date this ordinance is adopted ("Regulated Territory"). This ordinance shall supersede and replace Ordinance No. 10294-14, dated February 25, 2014 in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is necessary and in the best interests of the City of South Bend, Indiana("City") and members of the public that the City regulate and furnish water and sewage services within an area up to four miles outside the City's corporate limits excluding areas within the corporate limits of the City of Mishawaka or any other lawfully established utility service territories as of the date this ordinance is adopted. Section II. The Regulated Territory to be serviced by the City's water and sewer utilities pursuant to this ordinance is identified and depicted in the Map attached hereto and incorporated herein, a copy of which shall be available for public inspection in the offices of the South Bend Department of Public Works and in the offices of the South Bend City Clerk. Section III. Upon adoption of this Ordinance, the City's sewer utility, the South Bend Bureau of Wastewater, shall hold an exclusive license to furnish sewage service under I.C. 36-9-2-16 within the Regulated Territory, subject to applicable State law and the continuing rights of any utility lawfully providing sewage service within the Regulated Territory as of the date this Ordinance. Section IV. Upon the adoption of this Ordinance, the City's water utility, the South Bend Water Works, shall hold an exclusive license to furnish water service under I.C. 36- 9 -2-14 within the Regulated Territory, subject to applicable State law and the continuing rights of any utility lawfully providing water service within the Regulated Territory as of the date this Ordinance is adopted. Section V. This Ordinance shall not be construed to prohibit an individual property owner within the Regulated Territory depicted on the attached Map from providing water service to such property owner' s lot through the drilling of a well on such property if otherwise permissible under State and all applicable local law in addition to approval from the City; provided, however, that water from such well shall not be used to provide water service to owners or lessees of other properties. Section VI. The City's Municipal Utilities Rules and Regulations govern the City's water and sewer utilities in a manner consistent in Chapter 17 of the South Bend Municipal Code and State law, and as determined by the Board of Public Works from time to time, shall apply to and shall be fully enforceable by the City of South Bend within the Regulated Territory. Section VII. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terms,provisions or portions of this Ordinance for Regulated Territory shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable for the remaining terms and shall in no way affect the validity of the other provisions of this Ordinance. Section VIII. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Duly passed and adopted on this Z3i day of t"`ArCV\ , 2026 by the Common Council of the City of South Bend, Indiana. Canneth J. L e, Council President South Bend Common Council Attest: Lit44114)C4ABianca L. Tirado, Cityrk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 24th day of March 2026,at 12 o'clock p.m. oJ— ' Bianc L. Tirado, City C Office of the City Clerk Approved and signed by me on the • day of ilittit , 2026, at l o'clock #.m. James ueller, Mayor City South Bend, Indiana LI rr • N Legend Utility Service Area Sewer Service Provided Through Exclusive Contractural Agreements 'South Bend City Limits Figure 1: City of South Bend sewer service areas.