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Home My WebLink AboutD-1889-08 IURC RemovalSPONSOR(S): Councilor Seidensticker ORDINANCE D-1889-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, FOR THE REMOVAL OF THE CARMEL WATER UTILITY FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION (AS AMENDED) WHEREAS; the City of Carmel, Hamilton County, Indiana (the "City"), is a third class city that is governed by the Mayor (the "Mayor") and the Common Council (the "Council"); and WHEREAS, the City owns; operates, manages and controls a water. utility; and WHEREAS, municipally-owned utilities may withdraw from the jurisdiction of the Indiana Utility Regulatory Commission ("IURC") for the approval of rates and charges, and of the issuance of stocks, bonds, notes or other evidences of indebtedness; and WHEREAS; the Council finds that if the City were to withdraw from the jurisdiction of the IURC, the City's municipally owned utility will be managed locally, resulting in a more efficient use of the City's resources; will avoid paying issuance fees to the IURC for stocks, bonds, notes or other evidences of indebtedness, and will avoid the regulatory lag and expense associated with IURC proceedings; and WHEREAS, the Council recognizes the financial burden of IURC regulation upon-municipally- owned utilities and their customers and believes that it is in the best interests of the customers of the City's water utility if the City were to withdraw from the above-described elements of IURC jurisdiction; and WHEREAS, the City mailed, at least thirty (30) days before the Council .meeting adopting this Ordinance, written notice to all ratepayers of the utility and to the IURC of its intention to withdraw from the jurisdiction of the IURC; and WHEREAS, the City's withdrawal from the jurisdiction of the IURC does not affect the Council's. ability to obtain its own independent professional review of any action that would formerly be subject to IURC review; and WHEREAS, the Council hereby agrees that, in the event three (3) or more Council members indicate in writing to the President. Pro Tempore of the Council their desire to have an independent review conducted on a City action requiring Council approval that would formerly have been subject to IURC review, the President Pro Tempore shall retain an appropriate professional to. provide such review, at the Council's expense, such review to be completed and distributed to all Council members prior to the matter being placed before Council for its final decision thereon. Page One of Three Pages This Ordinance was prepared by Randolph L. Seger and David T. McGimpsey of Bingham McHale and amended by Douglas C. Haney, Carmel City Attorney. (L%2 & Ny DocurtentMDINAWESM8W 00 Odmaero SEIDEN&DCKER Vain1&SO&DOG'.SWM]:08 P6q SPONSOR(S): Councilor Seidensticker NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, THAT: Section 1. The foregoing recitals are incorporated herein by reference. Section 2. The Council, after notice, investigation and consideration, has determined that it is in the best interests of the City to withdraw from the jurisdiction of the Indiana Utility Regulatory Commission. Section 3. The City of Carmel, Indiana, withdraws from the jurisdiction of the Indiana Utility Regulatory Cotmnission for the approval of rates and charges and of the issuance of stocks, bonds notes or other evidences of indebtedness and to the fullest extent permitted by law. Section 4. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terms or provisions of this Ordinance shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable from the remaining terms and shall in-no way affect the validity of the other provisions of this Ordinance. Section 5. This Ordinance shall be in lull force and effect from and after sixty (60) days after the date of its passage as allowed by law, execution by the Mayor and publication in accordance with the laws of the State of Indiana. PASSED by the Common Council of the City of Carmel, Indiana this day of 2008, by a vote of b ayes and I nays. COMMON C UNCIL FOR P iding Offic Richard . S arp, Pr sident Pro Tempore (:) PPos E- , John / qr etturo onald E. Carter AT EST: e_ - Diana L. Cordray,]AMC, C rk-Treasurer Common Council D-1889-08 PageTwo of Three Pages This Ordinance was prepared by Randolph L. Seger and David T. McGimpsey of Bingham McHale and amended by Douglas C. Haney, Carmel City Attorney. PM?wr Dom,., CRDIw CEV2000etWOrdn.sElDENSricKERVarsON 1"ssoaDOD:V4MTOBPAq SPONSOR(S):°CouncilorSeidensticker Presented bymeao the;Mayor of the City of Carmel,:Indiana, this-,5 f4- day,of 2008. at 2"c),5- O'clock, P.M. ' Diana.L. Cordray,IAMC,Cler -treasurer Approved byme,'Mayor of the 2008, at O'clOCk M. ATTEST: City of Can-hel,_Indiana, this O7day of !Y Ja es Brainard,.Mayor 4?j? &-W4 / Diana L. Cordray,]AMC, Clerk-T asurer Common,Council Ordinance D-1889-08 Page Three of Three Pages Prepared by: Randolph L. Seger and David" C. McGirr, sey: BIN(3HAM - Mcl-PALE LLP; 2700 Market Tower;, 10 West Market, Street,.I,ndianapolis, Indiana°46204 Amended by Douglas C. Haney, Carmel City Agoiney This Ordinance was prepared 'by Randolph L. Seger and David T.,McGimpseyof Bingham WHale. and amended b Do_bglas C. Haney, Carmel City Attorney, fL"F BauUAy Docume?lORDIN4NCES200BVOpf Galptlinarce SEIDENSrCMEA Vaden 7 6506;DOCS512008 i:pB PM]