Proposed trash rate changes

ORDINANCE 2018-08

AN ORDINANCE ESTABLISHING CHARGES AND USER FEES, PROCEDURES AND RULES FOR SOLID WASTE COLLECTION AND DISPOSAL IN THE TOWN OF CHURUBUSCO

WHEREAS, the Town of Churubusco, Indiana, by and through its Town Council has heretofore adopted Ordinance No. 07-2013 which Ordinance established procedures and user fees for the collection of solid waste within the Town of Churubusco;

WHEREAS, Indiana Code 36-9-30 provides that a Town Council may, by Ordinance establish just and equitable charges for the service rendered for the collection and disposal of solid waste;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Churubusco, Whitley County, Indiana as follows:

SECTION I: COLLECTION, FEES, AND PAYMENT

1. A.               CONTRACTOR

1. The Town Council shall have the authority to contract with a private contractor for the collection of solid waste within the Town of Churubusco pursuant to Indiana Code 36-9-30-8.

1. Users shall abide by the stipulations set forth in the Town’s solid waste contract. A copy of the contract can be obtained at the office of Churubusco Utilities.

1. CHARGE, ESTABLISHMENT AND COLLECTION POWER

The Town Council is authorized and empowered to determine and fix fair and reasonable user charges to be made against every owner, occupant or lessee of property, and to establish a method for assessment and collection of such user changes.

C.      CHARGES AND BILLING

1. Each responsible owner, occupant or lessee of such property shall pay to the Town of Churubusco monthly Solid Waste user fees as follows:

2. The fees set herein are per unit. Additional units may be requested from Churubusco Utilities and charged accordingly.

3. Solid waste collection bills shall be added to the monthly water and sewer bills and are payable therewith.

E.       LIABILITY FOR PAYMENT

The user charges imposed under this section shall be billed to the person who is billed for solid waste service, unless by contract with the Town another person assumes liability for payment. If an occupant, leasee, or other non-owner is billed, the current property owner of record of the premises to which solid waste service was supplied is responsible for payment of the bill, irrespective of who incurred such unpaid bills or when such bills were incurred, or who owned or occupied the property at the time the bills were incurred. Such owner shall have the right to examine the Town’s collection records to ascertain whether such charges have been paid.

F.       DELINQUENT ACCOUNTS AND INTERRUPTION OF SERVICE

1. Fees levied pursuant to this section shall be due and payable on or before the due dates shown on the utility bill. Any fee not paid by the due date (approximately twenty (20) days after the bill is rendered) shall be considered delinquent.

2. A delinquent fee, together with any applicable interest, shall be collectable as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the pertinent provisions of the Statutes of Indiana, as amended.

3. In the event of non-payment, the Town of Churubusco reserves the right to interrupt service until a user’s account is paid in full.

4. A notice shall be mailed to the user and owner on record at least seven (7) days prior to termination of service.

5. Any person who is delinquent on their combined utility bill and is subject to termination of service due to nonpayment must be notified of their right to a hearing before the Churubusco Town Council to determine the appropriateness of the termination.

6. If a Churubusco Utilities customer desires to request a hearing contesting the fairness of termination, the customer must request such hearing in writing at the office Churubusco Utilities prior to the date of disconnection, as provided on the disconnection notice.

G.        COLLECTION THROUGH TAX DUPLICATE AND CIVIL ACTION

1. As provided by the Statutes of the State of Indiana, delinquent fees may be made a lien against the property served through certification through the Auditor and the Recorder of Whitley County, Indiana.

2. In addition to the forgoing remedies, the Town shall have the right to bring a civil action to recover any delinquent fees together with interest and reasonable attorney’s fees. The Town shall also have the right, as provided by the Statutes of the State of Indiana, to foreclose any lien established under the provisions of this section with recovery of the charge, interest, and reasonable attorney’s fees.

SECTION II: REVENUES

1. SEPARATE SOLID WASTE FUND: The revenues collected by the Town from the monthly solid waste user fees are deposited in a separate, non- reverting perpetual fund. This fund has been established for the purpose of accounting and paying the direct and incidental costs of collecting and disposing of solid waste. When necessary, the Town Council may approve additional operating transfers into or from this fund.

1. Accurate and precise records of all receipts and disbursements shall be maintained by agents of Churubusco Utilities and shall be subject to inspection.

SECTION III: EFFECTIVE DATE

This Ordinance shall be in full force and effect as of _________________, upon hearing according to law and passage by the Town Council. The user fees established herein shall remain in effect until amended or changed by the Town Council of the Town of Churubusco. This Ordinance shall amend or revoke any provision of previously adopted Ordinances in conflict herewith.

PASSED AND ADOPTED by the Town Council of the Town of Churubusco, Whitley County, State of Indiana this ______ day of  _______________, 2018.

ATTEST:                                                                             ________________________________

Frank Kessler, President

_______________________________

Madalyn Sade-Bartl, Clerk-Treasurer                                 ________________________________

Mark Pepple, Vice-President

________________________________

Bruce Johnson, Council Member