NOTICE OF PUBLIC HEARING ON PROPOSED INCREASE IN SEWER RATES
AND CHARGES FOR THE TOWN OF CHURUBUSCO, INDIANA
Property owners and other interested parties in the Town of Churubusco, Indiana, and other interested parties served by its utility services are hereby notified that Ordinance No. 2020-09, amending the procedures and charges for utility services, was introduced at a meeting of the Town Council held on June, 3, 2020. A public hearing of the Town Council will be held at 6:00 p.m., local time, on July 1, 2020 at the Scout Building, 501 N. John Krieger Dr., Churubusco, Indiana, on the matter of the rates and charges. Immediately following the public hearing the Town Council will convene and may consider the adoption of said ordinance.
At such public hearing and prior to final adoption of Ordinance No. 2020-09, all interested parties may appear and be heard. The complete text of proposed Ordinance No. 2020-09 is on file and available for examination and copying at the office of the Town’s Clerk-Treasurer at 204 N. Line Street, Churubusco, Indiana, during regular business hours, and will be available at the public hearing.
Dated this 5 day of June, 2020.
TOWN OF CHURUBUSCO, INDIANA
___________________________________
Madalyn Sade-Bartl, Clerk-Treasurer
ORDINANCE 2020-09
AN ORDINANCE TO AMEND THE DEPOSIT PROCEDURE AND CHARGES FOR THE USE OF THE SERVICES RENDERED BY THE TOWN OF CHURUBUSCO
Whereas, the Town of Churubusco owns its’ own water, sewer, and storm water systems; and,
Whereas, the Town of Churubusco contracts trash collection services for utility customers; and,
Whereas, the Town of Churubusco handles the billing of customers for said utilities and services; and,
Whereas, the Town of Churubusco wishes to establish what it considers a fair schedule of deposits required of its’ utility customers
Therefore, Be It Ordained by the Town Council of the Town of Churubusco that the following procedure be followed for new customers requesting utility service on or after July 1, 2020.
SECTION I: COLLECTION, FEES, AND PROCEDURES
1. The Town will subscribe to Online Utility Exchange (www.onlineutilityexchange.com). This service will be used to provide a risk assessment of every new utility customer.
A. If the risk assessment returns a “green light”, a deposit equal to one month’s minimum bill (minimum based upon all service charges at time of starting utility service) will be charged.
B. If the risk assessment returns a “yellow light”, a deposit equal to two month’s minimum bill (minimum based upon all service charges at time of starting utility service) will be charged.
C. If the risk assessment returns a “red light”, a deposit equal to three month’s minimum bill (minimum based upon all service charges at time of starting utility service) will be charged.
D. All applicants shall pay the costs incurred by the risk assessment.
2. If the risk assessment returns a yellow or red light, an “adverse letter” will be given to the customer explaining why they are being required to make a higher deposit.
3. A risk assessment shall be administered to all parties on the application and the parties shall be charged the highest amount allowed based upon the risk assessment results.
4. If a customer maintains a satisfactory payment history for a period of twenty-four (24) consecutive months, the initial deposit will be returned to the customer by applying the deposit to the account. The town will not pay interest on any deposits held.
5. When a customer closes an account, any deposits on file will be applied to the account balance and any excess returned to the customer within 30 days of the date of the final bill. Refunds will be mailed to the customer’s last known address.
6. A deposit may be used by the utility to cover any unpaid balance following disconnection of service. In instances where the deposit is used to pay arrearages, the utility shall require a new deposit to replace that applied to the unpaid balances before service is restored.
7. Applicants who are currently or have been past customers (within twenty-four months from the date of application) of Churubusco Utilities AND have a satisfactory payment history with Churubusco Utilities are exempt from paying a deposit on any new or transferred accounts. Churubusco Utilities will require a present customer to make such deposit when:
a. The customer has been mailed disconnect notices for two (2) consecutive months;
b. The customer has been mailed disconnect notices for any three (3) months within the preceding twelve (12) month period; or
c. The service to the customer has been disconnected within the past four (4) years.
8. The Clerk-Treasurer of the Town of Churubusco, or an agent acting upon his/her behalf, shall keep accurate and precise records of all receipts and disbursements of all funds collected and held on deposit.
9. Any deposit made by the applicant, customer, or any other person to the utility (less any lawful deductions), or any sum the utility is ordered to refund for utility service that has remained unclaimed for two years after the utility has made diligent effort to locate the person who made such deposit or the heirs of such person, shall be presumed abandoned and may be transferred to the utility’s operating fund.
10. The applicant(s) shall be the owner(s) of the account and will be the responsible party(ies) for all charges and balances on the account. The owner of the account has the right to disconnect services at any time, for any reason, subject to a $30.00 disconnection fee. Any past due balances will be due in full before service will be reconnected. The owner of the account will receive notice of delinquent balances, penalties, disconnections, and any other account activity.
11. Churubusco Utilities shall make efforts to pursue collection of past due accounts from the account owner before pursuing the owner of the property. Notice of the past due account shall be made to the owner of the property being served before taking legal action. All demands for payments for past due accounts made shall be copied to the property owner and the property owner shall be made aware that failure by the customer to pay the account may result in legal action against the customer and the property owner jointly in a Court of competent jurisdiction. The owner of the real estate shall have ultimate responsibility for all past due sewer and storm water balances.
12. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
13. Any provision herein contained which is found by a court of competent jurisdiction to be un lawful or which by operation shall be inapplicable, shall be deemed omitted but the rest and remainder of this ordinance , to the extent feasible, shall remain in full force and effect.
14. This ordinance shall become effective July 1, 2020.
SECTION II: EFFECTIVE DATE
This Ordinance shall be in full force and effect as of July 1, 2020, 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 1st day of July, 2020.
ATTEST: ________________________________
Nathan Van Horn, President
_______________________________
Madalyn Sade-Bartl, Clerk-Treasurer ________________________________
Bruce Johnson, Vice-President
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Mark Pepple, Council Member
