HomeMy WebLinkAboutDirecting a public question on withdrawal from IURC jurisdiectionRESOLUTION
3887-08
Passed by the Common Council of the City of South Bend, Indiana
July 14, 08
Zo
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 29,
Zo 08
Approved and signed by me July 2$ 20 08
~~~~~~
City Clerk
RESOLUTION NO. 3 g~ ?-~
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, DIRECTING A PUBLIC QUESTION ON WITHDRAWAL FROM IURC
JURISDICTION.
WHEREAS, the City of South Bend owns and operates a water utility; and
WHEREAS, this Council has determined that it would be in the best interests of the City
and its citizens for the City's water utility to be removed from the jurisdiction of the Indiana
Utility Regulatory Commission ("Commission") so that the citizens of South Bend will have
more direct control of the utility's rates; and
WHEREAS, pursuant to Ind. Code § 8-1.5-3-9, a municipal legislative body that wishes
to withdraw from the jurisdiction of the Indiana Utility Regulatory Commission may submit such
withdrawal as a public question to the registered voters of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. The following public question should be submitted to the registered voters of
the City of South Bend at the next election in the form prescribed by Ind. Code § 3-10-9-4:
Shall the municipally owned utility be taken out of the jurisdiction
of the utility regulatory commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness?
Section II. The public question quoted herein shall be certified to the County Election
Board for St. Joseph County.
Section III. This Resolution shall be in full force and effect from and after its adoption
by the Council and approval by the Mayor.
~~
Member e Common Council
PRESENTED ~ ~~'~~
NOT APPROVED
ADOPTED ?,~-c'J~
~i{er' in G~n~'tc'~ 1~~-iCL'
JUL 2 ' 2008
~I{t}3~~ ~tlL'~fi:l:
CITY C?__~ =:~~..~`_:,,~ its.
140U COI1N'IY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
Sovrt-I BEND, INDIAI.ra 4660 1-1 830
PHONE 574/ 235-9241
Fax 574/235-9892
TDD 5741235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
CHARi.FS $, LEONE ALADEAN M. DEROSE
CITYATTORNEY July 23, 2008 CHIEF ASSISTANTCITYATTORNEY
Mr. Timothy Rouse
President, South Bend Common Council
4`~ Floor, County-City Building
South Bend, IN 46601
Re: Resolution Directing a Public Question on Withdrawal of Water Utility from IURC
Jurisdiction
Dear Mr. Rouse:
The City administration believes it is in South Bend's best interest to remove the City's water
utility from the jurisdiction of the Indiana Utility Regulatory Commission (IURC). Attached is a
Resolution authorizing submission of this public question to South Bend voters on the general
election ballot for November 4, 2008.
Presenting this Resolution to the Common Council at the Council Committee and regular
meeting on July 2~, 2008 will be Public Works Director Gary Gilot and special counsel Nicholas
Kile.
We hope the Council will give this Resolution its favorable consideration.
Thank you.
Sincerely,
Aladean M. DeRose
Chief Assistant~iLx
J U L 2 3 200
/~ r ; r• n
THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH
JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, DIRECTING A PUBLIC QUESTION ON
WITHDRAWAL FROM IURC ,JURISDICTION
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Derek D. Dieter
Chairperson, Committee of the Whole