HomeMy Public PortalAbout1996-20 Water UtilityORDINANCE 1996 -20
AN ORDINANCE PURSUANT TO IC 8- 1.5 -3 -9.1 REMOVING
THE CITY'S WATER UTILITY FROM THE JURISDICTION
OF THE INDIANA UTILITY REGULATORY COMMISSION
FOR THE APPROVAL OF RATES AND CHARGES AND THE
ISSUANCE OF STOCKS, BONDS, NOTES, OR
OTHER EVIDENCE OF INDEBTEDNESS
WHEREAS, the City of Greencastle, Indiana, is classified as a third class city under
Indiana law; and
WHEREAS, the City of Greencastle, Indiana, owns and operates a water utility system;
and
WHEREAS, the rates and charges for water service provided by the water utility and
the issuance of stocks, bonds, notes, or other evidence of indebtedness must by approved by
the City Council of the City of Greencastle, Indiana and by the Indiana Utility Regulatory
Commission pursuant to Indiana Code 8- 1.5 -3 -8 and Indiana Code 8- 1.5 -2 -19; and
WHEREAS, the Indiana General Assembly has provided in Public Law 82 -1988, Section
6 (Indiana Code 8- 1.5- 3 -9.1) a means by which municipalities may remove their utilities from
the Commission's ratemaking and financing jurisdiction through the adoption of an ordinance;
and
WHEREAS, the City Council, as the municipal legislative body of the City of
Greencastle, Indiana, finds it necessary and desirable and in the public interest that its water
utility be removed from the jurisdiction of the Indiana Utility Regulatory Commission for the
approval of rates and charges and the issuance of stocks, bonds, notes, or other evidence of
indebtedness pursuant to ordinance duly adopted by the City's municipal legislative body as
allowed by Indiana Code 8- 1.5- 3 -9.1; and
WHEREAS, the City Council caused written notice of the meeting at which final vote
was to be taken on this ordinance to be mailed to all ratepayers of the water utility and to the
Indiana Utility Regulatory Commission and published notice in accordance with Indiana Code
5 -3 -1 at least thirty (30) days prior to the date of such a meeting.
NOW THEREFORE be it ordained by the Common Council of the City of
Greencastle, Indiana:
Section 1. That the City of Greencastle's water utility be removed from the
jurisdiction of the Indiana Utility Regulatory Commission for approval of rates and charges
® and of the issuance of stocks, bonds, notes, or other evidence of indebtedness.
Section 2. That this Ordinance take effect sixty (60) days after its adoption;
provided, however, if within this sixty (60) day.period, the City Council receives a petition
. in proper form:
(a) that is signed by at least forty-five (45) of the registered voters of the
City as determined by the Putnam County Election Board, and
(b) that requests the City Council to submit the question of removal from
the jurisdiction of the Indiana Utility Regulatory Commission to a
referendum at the next election;
this Ordinance will not take effect until and unless removal of the City's water utility from
the Commission's jurisdiction for approval of rates and charges and of the issuance of stocks,
bonds, notes, or other evidence of indebtedness is approved by a majority of those voting on
the question at an election.
Section 3. Upon receipt of a petition of the type described in Section 2 above, the
following question shall be certified to the Putnam County Election Board to be placed on the
ballot at the next election:
"Shall the municipally owned utility be taken out of the jurisdiction of the
Indiana Utility Regulatory Commission for the approval of rates and charges
and of the issuance of stocks, bonds, notes, or other evidence of indebtedness ?"
• Written notice of the referendum on the above question shall be mailed to the Indiana Utility
Regulatory Commission at least ten (10) days before the election.
Section 4. That if this Ordinance takes effect without a referendum on the question
of removal, written notice of the withdrawal of the City's water utility shall be mailed to the
Indiana Utility Regulatory Commission within thirty (30) days of the date this Ordinance
takes effect.
This Ordinance shall have full force and effect upon passage of the Greencastle
Common Council and its approval by the Mayor.
PASSED AND ADOPTED by the Common Council of the City of Greencastle,
Indiana this 4th day of February, 1997.
ancy A. Iv1 chael, Mayor
Presiding rcer
ST:
Ce
Pamela S. Jones, Clerk -Tre rer
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Presented
by me
to t e Mayor of
Greencastle,
41 ,�
1997, at
o'clock
�.m.
Indiana this �J' day of
. N qz,
Pamela S. Jones, Clerk -Tre rer
•
Approved and signed by me this N� day of A-J, 1997, at
o'clock -, P - .m.
Nancy A. I ichael, Mayor
ATTEST:
Pamela S. Jones, Clerk- Treastir
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