12-09-13 Common Council Meeting Minutes

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REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4311-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR MORE DETAILED INFORMATION AND MULTIPLE OPTIONS FROM THE CITY ADMINISTRATION SO THAT THE COMMON COUNCIL HAS THE OPPORTUNITY TO MAKE THE MOST INFORMED DECISION POSSIBLE IN DETERMINING THE MOST “JUST AND EQUITABLE FEES FOR SERVICES RENDERED BY THE SEWAGE WORKS” Whereas, the South Bend Common Council notes that on December 29, 2011, the United States Attorney’s Office and the U.S. Environmental Protection Agency issued a news release from Hammond, Indiana, entitled “City of South Bend – Indiana Settlement” where they announced that the “City of South Bend, Indiana has agreed to make an estimated $509.5 million worth of improvements to its combined sewer system to significantly reduce overflows of raw sewage to the St. Joseph River…” which is now projected to cost approximately $667 million; and Whereas, that News Release noted that the combined sewer overflows (CSOs) resulted in the discharge of pollutants without a permit and therefore was in violation of Section 301 of the Clean Water Act, Title 33 United States Code § 1311; and Whereas, that New Release further noted that a Consent Decree was entered into which requires the City of South Bend to implement a Long Term Control Plan (LTCP) by 2031, which included upgrades to the wastewater treatment plant and improvements to the collection system, in light of the fact that “over 2 billion gallons of untreated sewage” was being discharged into the St. Joseph River [not noting that it was being diluted]; and would require the City to reduce by 95% the 80 event discharges to a total of four (4) event discharges ; and Whereas, no member of the South Bend Common Council was involved in the actual negotiations leading up to the Consent Decree; and Whereas, the South Bend Common Council acknowledges that the Indiana General Assembly has given the municipal legislative bodies the authority to “establish just and equitable fees for the services rendered by the sewage works and provide the dates on which the fees are due” pursuant to the passage of an ordinance consistent with Indiana Code § 36-9-23-25(a); and Whereas, on June 28, 2010, the South Bend Common Council passed Ordinance No. 10019-10 which became effective July 10, 2010, raised the sewer rates by an average of 9% per year, with the rates being codified into the South Bend Municipal Code in § 17-21; and Whereas, the Common Council notes that South Bend Municipal Code § 17-25 requires the City Administration to begin discussions with the Common Council by June of 2013 with regard to any revisions and adjustments of the sewage rates “to assure adequacy in the cost of maintaining the City Resolution on Sewer Rate Increase Considerations sewer works in sound physical condition and financial condition necessary to render adequate and effective service”; and Whereas, the sewage rates set forth in South Bend Municipal Code § 17-21 remain in effect until action is taken by the Common Council; and Whereas, on October 14, 2013, Bill No. 64-13 was filed by the City Administration which seeks to “adjust sewer rates and charges incrementally through 2017” and seeks another 9% rate increase compounded annually for the next four (4) years; Whereas, a series of Utilities Committee meetings have been held as part of the Council’s due diligence requirements in determining “just and equitable fees”; however discussions with the City Administration began well after the June date set forth in the City Code; and 28