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(A) The Council, after investigation and consideration, has determined that it is necessary to regulate the furnishing of sewer service in areas withing 4 miles outside the corporate boundaries (the “regulated territory”).
(B) This Council finds that public convenience and necessity requires the town’s regulation of the furnishing of sewer service within the regulated
territory, and that the public interest will be served by the town's regulation of the furnishing of sewer service within the regulated territory.
(C) Upon the adoption of this section, the town shall hold an exclusive license to furnish sewer service within the regulated territory, and all other utilities are expressly prohibited from furnishing sewer service within the regulated territory, except for those customers located in the regulated territory that are connected to another sewer utility as of the date this section is adopted.
(D) Attached to Ordinance 2014-30 and incorporated herein is a map depicting the regulated territory. The town’s Director of Public Service is directed to maintain this map for public inspection at the offices of the town’s sewer utility during regular business hours.
(E) This section shall not be construed to prohibit an individual property owner from providing septic service to the property owner’s lot through the installation of approved facilities on that property so long as private septic facilities are permissible under applicable laws and regulations; provided, however, the approved facilities on that property shall not be used to provide septic or sewer service to owners or lessees of other properties.
(F) The town's existing rules and regulations for sewer service, as amended from time to time, shall apply to and within the regulated territory.
(G) This section shall be in full force and effect from and after its passage by the Council; is approved by the Indiana Utility Regulatory Commission; and is published as is by law required. It is the intention that this section regulate the offering and provision of sewer service to the full extent of the law. It is acknowledges that this section will be submitted to the Indiana Utility Regulatory Commission, which agency may require changes to this section before approval.
(Ord. 2007-12, passed 6-4-2007; Am. Ord. 2014-30, passed 6-16-2014)