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HomeMy WebLinkAboutRemoval of Water Works from the Jurisdiction of Indiana Utility Regulatory CommissionAttest RESOLUTION NO. 2369 -96 Passed by the Common Council of the City of South Bend. Indiana June 10, 96 19 Clerk Attest:��L C A4� President of Common Council. Presented by me to the Mayor of the City of South Bend, June 11, 96 19 City Clerk Approved and signed by me 19 9611_. FQ Mayor RESOLUTION NO. a - 6 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUBMITTING THE QUESTION OF REMOVAL OF THE WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION TO THE REGISTERED VOTERS OF THE MUNICIPALITY WHEREAS, the City of South Bend provides water service to its water utility ratepayers through the South Bend Water Works, a municipal utility governed by I.C. 8 -1.5; and WHEREAS, currently, all water rates and charges and the issuance of stocks, bonds, notes, or other evidence of indebtedness in connection with the provision of water service to the ratepayers of the City of South Bend must be approved by the Indiana Utility Regulatory Commission ( "IURC "), the Board of Water Works Commissioners, Common Council and Mayor; and WHEREAS, the City has the option of removing itself from the jurisdiction of the IURC for the approval of rates and charges and the issuances of stocks, bonds, notes or other evidence of indebtedness under Indiana Code Section 8- 1.5 -3 -9; and WHEREAS, the Common Council of the City of South Bend believes it would be beneficial to the water utility ratepayers of the City of South Bend to remove the South Bend Water Works from the jurisdiction of the IURC because it would eliminate the costs and delays associated with IURC reviews. All decisions concerning just and reasonable rates and charges and the appropriate issuance of stocks, bonds, notes or other evidence of indebtedness would continue to be made by the Common Council, after approval by the Board of Water Works Commissioners and Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The City Clerk shall certify the following public question to the St. Joseph County Election Board: "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. This effect from and after its PRESENTED 6-ID- 'b NOT APPROVED ADOPTED 6 resolution shall be in full force and adoption, by he Common ouncil. tee-, Member, South Bend Commo Council