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HomeMy WebLinkAbout9896-09 Closing Water Leak Insurance Fund No. 644, Transferring the balance to water workORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: January 12, 2001, Presented by me to the Mayor of the City of South Bend, Indiana January 13, 20 0.9 Approved and signed by me January 13, 20 09 City Clerk President of Common Council City Clerk Mayor ORDINANCE NO. 7 l � - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND NO. 644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND NO. 620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT For many years the City of South Bend's Water Works Division has assessed a monthly charge of Two Dollars ($2.00) per customer used to repair leaks or replace water service lines. Revenue from this charge has been deposited in Water Leak Insurance Fund No. 644. The Office of Utility Consumer Counselor (OUCC), a division of the Indiana Utility Regulatory Commission (IURC), has recently recommended and the IURC has directed that this separate charge for water line repair /replacement be added to the regular water tariff for the City's water customers. The addition of the separate water leak charge to the water tariff eliminates the need for the separate Water Leak Insurance Fund No. 644. This ordinance transfers the monies now on deposit in Fund No. 644 to Water Works Operating Fund No. 620, and closes Fund No. 644 which is no longer necessary. It also repeals in its entirety Article 6 of Chapter 17 of the South Bend Municipal Code which was created by Ordinance No. 5930 -75 on December 16, 1975 and which established and regulated payment of this water service charge. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. All monies within Water Leak Insurance Fund No. 644 shall be transferred to Water Works Operating Fund No. 620. Section II. Fund No. 644 shall be closed upon transfer of all monies in Water Leak Insurance Fund No. 644 to Water Works Operating Fund No. 620. Section III. Article 6 of Chapter 17 of the South Bend Municipal Code consisting of Sections 17 -49 through 17 -55 inclusive is hereby repealed'in its entirety. Section IV. After its passage by the Common Council and Approval by the Mayor, this ordinance shall be effective as of, and retroactive to December 31, 2008. Member of the Common Council '3 Presented by me to the Mayor of the City of South Bend, Indiana on the j 3` day Of �-�r , 2 Do , at 1 1'<<S— o'clock a m. Approved and signed by me on the 3 3 O'clock . m. "IVIIC FlEARR! SASSED 0 � City '1 rk , 0�y,,Aj /3 day of =�± , 2 -iO L, at Mayor, City of §6uth Bend, Indiana Filed In Clerk's Office NOV 2 5 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83 -08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND NO. 644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND NO. 620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE 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. Ann Puzzello Chairperson, Committee of the Whole 1400 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SourH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 CHARLES S. LEONE ALADEAN M. DEROSE Cn Y ATTORNEY CHIEF ASSISTANT CITYATTORNEY November 25, 2008 Mr. Timothy Rouse President, South Bend Common Council 4`I' Floor, County -City Building South Bend, IN 46601 Re: An Ordinance Closing Water Leak Insurance Fund No. 644 and Repealing Applicable Portions of theSouth Bend Municipal Code Dear Mr. Rouse: The Indiana Utility Regulatory Commission's (IURC) most recent decision concerning the City of South Bend's water rates, directed the City to cease charging a separate water leak repair /replacement fee, and to include that cost as part of the general rate. With this IURC decision, there is no further need for separate Water Leak Insurance Fund No. 644. The monies in that Fund should be transferred'to Water Works Operating Fund No. 620, and the South Bend Municipal Code provisions pertaining to repair and replacement of water lines (Chapter 17, Article 6) should be repealed as unnecessary. For accounting purposes, this process should be effective as of December 31, 2008. I, therefore, enclose an ordinance which approves these internal accounting adjustments, and which has an effective date of December 31, 2008. The Controller will provide the Council with year -end accounting of the monies in Fund No. 644 to be transferred to Water Works Operating Fund No. 620. Making presentation of this Ordinance to the Common Council may be David Tungate, Roxanne Lawson, Catherine Fanello, or a combination of them. Thank you for your consideration. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD /ew THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN