10705-20 Ordinance Reaffirming Ordinance No. 10688-19, Establishing a Wastewater Low Income Assistance Program

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BILL NO. 05-20 ORDINANCE NO. 10705-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10688-19 ESTABLISHING A WASTEWATER LOW INCOME ASSISTANCE PROGRAM STATEMENT OF PURPOSE AND INTENT On October 28, 2019 this Council passed Ordinance No. 10688-19, a copy of which is attached hereto, which amended the South Bend Municipal Code to establish a low-income wastewater customer assistance program (LICAP). This program added a charge of One Dollar and Seventy- Five cents ($ 1.75) per month applicable to all sewer users so that the City could recover the cost of providing a credit for qualifying low-income non-industrial wastewater utility customers. The Council found that such a charge is in the public best interest because it addresses "the public health obligation to provide affordable water and sewer services to low income customers." This obligation extends to all City utility users, whether they reside inside or outside City limits. By its terms Ordinance No. 10688-19 becomes effective no sooner than April 2020. When Ordinance No. 10688-19 was enacted,there was uncertainty as to whether adoption of a LICAP under Ind. Code 8-1-2-46 was or is subject to the notice by mailing to outside utility users required under IC 36-9-23-26 (a)(3). In the interest of caution, it is appropriate to provide such notice and public hearing. Such notice of hearing on this ordinance has been mailed to"users of the[City sewer] works for service to property located outside the municipality's corporate boundaries" per IC 36-9- 23-26(a)(3). NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Notice by regular mail has been issued by the City of South Bend's (City's) Department of Public Works, Water Works division, to all users of the City's wastewater utility who reside outside the City's geographic boundaries, and this Council has conducted a public hearing on the matter of reaffirming Ordinance No. 10688-19. SECTION II. Ordinance No. 10688-19 remains in the public best interest and is fully reaffirmed. SECTION III. This ordinance shall be in full force and effect no earlier than April 2020 after its passage by the Common Council, approval by the Mayor, and legal publication.