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HomeMy WebLinkAboutAuthorizing and Establishing Certain Boundaries for South Bend to Furnish Water & Sewage Service to the PublicORDINANCE No. 10294 -14 Passed by the Common Council of the City of South Bend, Indiana February 24, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana February 25, Z0 14 Clerk !nt of Common Council JOHN VOORDE Approved and signed by me -F £ u kAA y 2S 20 /V City Clerk Mayer Bill No. 07 -14 ORDINANCE NO. I OZQ �I —( 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 STATEMENT OF PURPOSE AND INTENT The City of South Bend has a population over 35,000, and, accordingly, it is a second class city as defined at Indiana Code Section 36- 4- 1 -1(a), and a "municipality" under I.C. 36 -1- 2-11, as well as a "unit" within the definition of I.C. 36- 1 -2 -23. Currently, the City of South Bend regulates the furnishing to the public of water, under I.C. 36- 9 -2 -14, and the services of collecting, processing and disposing of waste substances and domestic or sanitary sewage, including the regulation of charges for such services authorized by 36- 9 -2 -16. Pursuant to I.C. Section 36- 9 -2 -18, South Bend, as a municipal unit, may exercise its water and sewage service powers under I.C. 36- 9 -2 -14 and 36- 9 -2 -16, both inside and in areas within four miles outside its corporate boundaries. To promote the orderly and logical growth of the South Bend municipality 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 sewage service in the Regulated Territory; and to protect South Bend's investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in South Bend's best interest to create a South Bend Water and Sewage Utility Service Territory within four miles of South Bend's corporate limits. The designated Service Territory does not include areas within the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from other existing water or sewage utilities as of the date this ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. It is necessary and in the best interests of the City of South Bend and members of the public that the City of South Bend regulate and furnish water and sewage services within an area up to four miles outside the City of South Bend's corporate limits excluding areas within the corporate limits of the City of Mishawaka and excluding customers now connected to and receiving services from other existing water or sewer utilities as of the date this ordinance is adopted. Section II. The Regulated Territory to be serviced by the City of South Bend'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 of South Bend'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, and all other utilities are expressly prohibited from furnishing sewage services within the Regulated Territory, except for those customers located in the Regulated Territory that are connected to another sewer utility as of the date this Ordinance is adopted. Section IV. Upon the adoption of this Ordinance, the City of South Bend's water utility, the South Bend Water Works, shall hold an exclusive license to famish water service under I.C. 36- 9 -2 -14 within the Regulated Territory, and all other utilities are expressly prohibited from furnishing water service within the regulated Territory, except for those customers located in the Regulated Territory that are connected to another water utility 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; 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 Rules and Regulations governing the City of South Bend's water and sewer utilities as set forth in Chapter 17 of the South Bend Municipal Code, 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 VII. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member o mmon Council City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the 244 day of �1' K 2014, at 0 %2- o'clock q . m. �c�xi6dn, City Cl k I Oy,w Approved and signed by me on the 2 day of F Y R k A/t `/ 2014, at $ o'clock t . M. Mayor, Citr6f S94ff Bend, Indiana e= I ed in 1s1 READING 2 40- -1 l � ,( r• "r PUBLIC HEARING Z`f {i QJ Scti�f�yrMtC� �r -!ifi 3rd READING Zr 2 `t —(i LS- NOT S 9 APPROVED t JONt`' V+;1C372 REFERRED CIS K, SOUTtjj�r�f3 t(V Filed in Clerk's FE:6 � \ J vooRDE CITY LERK, ��`U-4 SEND, IN . . CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR February 24, 2014 South Bend Common Council 227 W. Jefferson — 4`h Floor South Bend, IN 46601 Re: Substitute Bill No. 07 -14 To Establish Certain Boundaries for Sewer & Water Utilities Dear Council Members: In light of the discussions from the meeting today of the Utilities Committee, please allow this letter to confirm that I will continue to be in communication with Mayor Dave Wood regarding this matter. It is my intent to honor the informal agreement that has existed through several prior South Bend and Mishawaka administrations by recognizing a service area line of Hickory Road on the north and Grass Road on the south, as depicted on the enclosed map. It is my understanding that Corporation Counsel and Council Attorney believe that this letter and enclosure adequately address the Common Council's concerns and recommend that Substitute Bill No. 07 -14 should go forward this evening. Sincerely, Pete Buttigie , Ma City of South Bend Enclosure 1400 COUNTY -CRY BUILDING . 227 W. IP.PPERSON BOULEVARD. SOUTH BEND, INDL\NA 466o1 PHONE 574/235-9261. FAX 5741235-9892 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS February 7, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Substitute Bill No. 07 -14 To Establish Certain Boundaries for Sewer & Water Utilities Dear President Davis: Attached for filing with the South Bend Common Council is a substitute Bill No. 07 -14 which is an ordinance proposing to extend the service area of the South Bend sewer and water utilities to a geographic area outside the City of South Bend's corporate boundaries. The only difference between this substitute and original Bill No. 07 -14 is the deletion of former Section VIII which was a penalty provision. That Section was removed to simplify passage of the ordinance, but the Administration may seek to include a penalty at a later date through a separate ordinance. I also intend to provide the Council with a more detailed map which I understand has been requested. We continue to hope the Council will adopt this ordinance in its substitute version in the best interests of the City of South Bend. Sincerely, Eric Horvath Director, South Bend Public Works $ , 19y i - CITYCt€psi,r,�e�t''is CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR February 24, 2014 South Bend Common Council 227 W. Jefferson — 4`s Floor South Bend, IN 46601 Re: Substitute Bill No. 07 -14 To Establish Certain Boundaries for Sewer & Water Utilities Dear Council Members: In light of the discussions from the meeting today of the Utilities Committee, please allow this letter to confirm that I will continue to be in communication with Mayor Dave Wood regarding this matter. It is my intent to honor the informal agreement that has existed through several prior South Bend and Mishawaka administrations by recognizing a service area line of Hickory Road on the north and Grass Road on the south, as depicted on the enclosed map. It is my understanding that Corporation Counsel and Council Attorney believe that this letter and enclosure adequately address the Common Council's concerns and recommend that Substitute Bill No. 07 -14 should go forward this evening. Sincerely, Pete Buttigieg, Ma City of South Bend Enclosure 1400 COUNTY -CITY BUu.DING . 227 W JEFFERSON BOULEVARD . SOUTH BEND, INDIANA 4660I PHONE 57417,35-9z61. FAx 5741z35-989z TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07 -14 A BILL 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with no recommendation. This bill was heard by the Utilities Committee. Valerie Schey Chairperson, Committee of the Whole