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(A) There is no other water utility operating within the town and the adjacent or nearest contiguous water utilities are the Michigan City Water Utility and the Indiana American Water Company.
(B) As a matter of convenience and necessity the town should establish a water supply distribution system and create a utility for this purpose.
(C) The town recognizes that the utility establishment, operation and rate making will be subject to regulation by the Indiana Utility Regulatory Commission, and the construction and operation is subject to regulation by the Indiana Department of Environmental Management and the Federal Safe Drinking Water Act.
(D) The Town Council declares that it will move forward to establish a water distribution utility for the benefit of the community.
(E) The Town Council determines that it will take the following steps to further progress toward establishing a water distribution utility for the Town of Beverly Shores, Indiana, intended to culminate in the Confirmatory Ordinance Declaring Public Convenience and Necessity to establish and construct a like utility:
(1) The Town Council, by this section, does make a preliminary determination that as a matter of public convenience and necessity the town shall establish a water supply distribution utility;
(2) The Town Council will determine the appropriation of funds for preliminary expenses;
(3) The town shall formulate a petition to the Indiana Utility Regulatory Commission;
(4) The town will complete all engineering and other submissions and undertakings necessary to obtain funds from the state revolving loan fund and any and all other sources; and
(5) The town will undertake to contact NIPSCO and any other utility or entity using easements or rights-of-way in the town to explore the coordination of underground installations should construction of a water supply system occur.
(F) The Town Council declares that this section makes a preliminary determination of public convenience and necessity but a final determination shall be made by a separate ordinance either confirming the declaration and moving forward with construction and acquisition or to the contrary.
(G) The Town Council declares that the town water utility shall 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.
(Ord. 00-08, passed 11-13-2000; Am. Ord. 08-01, passed 4-21-2008; Am. Ord. 08-04, passed 5-19-2008)