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| Page 288 Ordinance # 97-12-09 AN ORDINANCE TO AMEND CHAPTER
9, OF TIlE KENTLAND
WHEREAS, the Town Council of the Town of Kentland has determined that it is advisable to remove the Town's Municipal Water Utility from the Rate and Financing Jurisdiction of the Indiana Utility Regulatory Commission and thereby enable the Town Council to change the water rates as required in order to maintain the system and to provide adequate and reliable service to customers without incurring the regulatory delays and significant costs connected with proceedings before the Commission; AND WHEREAS, the Indiana Legislature has adopted Legislation (I.C. 8-1.5-3-9.1, et seq.) which permits a municipally owned utility to be removed from the jurisdiction of the Commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness, if the municipal legislative body adopts an ordinance reliloving the utility from Commission jurisdiction; AND WHEREAS, the Council has determined that with the adoption of such an ordinance, the Town will realize an opportunity for costs savings by avoiding Commission charges for staff accounting, engineering and publication of notice associated with rate hearings before the Commission; that the Council will also be able to avoid charges for approval of bond issues and avoid some consulting and legal fees, all at an ultimate cost savings to the customers of the utility; AND WHEREAS, the Town Clerk / Treasurer, pursuant to the direction of the Town Council, has mailed written notice of this meeting to all rate payers of the utility and to the Commission at least thirty (30) days prior to the final vote on this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF KENTLAND, INDIANA: Section 1. Chapter 9 of the Kentland Town Code is hereby amended by adding a Chapter thereto, 9-30, which will read as follows: Removal of water utility from the jurisdiction of the Indiana Utility Regulatory Commission. Page 289 Section 1 The municipality owned water utility of the Town of Kenti and, Indiana shall be, and is hereby removed from 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. Section 2: That this Ordinance shall take effect sixty (60) days after adoption and final reading by the Kentland Town Council. First reading passed unanimously by the Kentland Town Council this 9th day of December, 1997. Second reading passed unanimously by the Kentland Town Council this 22nd day of December, 1997. Final reading passed unanimously by the Kentland Town Council this 10th day of February 1998.
KENTLAND TOWN COUNCIL Charles W. Leham
ATTEST: Betty Tuberty,Clerk-Treasurer
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