Ordinance 2019-05- AN ORDINANCE ESTABLISHING RESPONSIBILITY FOR UTILITY ACCOUNTS FOR THE TOWN OF CHURUBUSCO

by on April 30, 2019 in Meetings, Ordinances & Resolutions, Town Council Updates

ORDINANCE 2019-05

AN ORDINANCE ESTABLISHING RESPONSIBILITY FOR UTILITY ACCOUNTS FOR THE TOWN OF CHURUBUSCO

 

WHEREAS, the Town of Churubusco has heretofore constructed and has in operation water and waste water treatment facilities for the purpose of providing utility services to its citizens; and,

 

WHEREAS, the Town Council acts as the governing board of the Town’s water and waste water utilities; and,

 

WHEREAS, the Town Council finds that the current ordinance and policies of the Town’s water and waste water utilities as they relate to providing water and sewer service to rental properties di not provide for consistently reliable payment for such service; and,

 

WHEREAS, the Town Council wishes to requires landlords/property owners to be responsible for the payment of utility bills billed by the Town of Churubusco and thereby provide for more consistency in the cash flow of municipal utilities;

 

NOW, THEREFORE, by the powers vested in the Town Council of the Town of Churubusco, Whitley County, Indiana, it is hereby ordered and ordained:

 

Section 1: BILLING AND CONTRACTING PROCEDURES FOR RENTAL PROPERTIES

 

  1. Effective June 1, 2019, all new contracts for municipal utility users for all properties that are operated as rental properties shall be made between the Municipal Utility and the property owner (landlord/property owner). All costs related to providing utility service to such rental properties shall be the responsibility of the property owners instead of the renter (tenant). It shall be the responsibility of the property owner to seek reimbursement for these costs from the tenant, if the property owner so chooses.
  1. Persons with “Rent to Own” or land contracts with the property owners are considered tenants with utility services remaining in the property owner’s name until such contract has expired.

 

  1. In the event a property owners chooses to renegotiate the rental contract with a current tenant so as to comply with Ordinance 2019-05 without waiting for a change in tenant, then all outstanding amounts due and owing the Municipal Utility for that account shall be paid prior to the Municipal Utility billing change.

 

Section 2: ADMINISTRATIVE PROVISIONS

 

  1. If any provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision, and for this purpose the provisions of this Ordinance be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable.

 

  1. All prior ordinances and provisions on this subject are hereby repealed to the extent they are inconsistent herewith. All prior ordinances and provisions on this subject that are not amended by this ordinance shall remain in full force and effect.

 

Section 3:

This ordinance shall be in full force and effective June 1, 2019.

 

DULY ADOPTED by the Town Council at its regular meeting held on the ______ day of ___________, 2019, at which meeting a quorum was present.

_______________________________                                       ATTEST:

Mark Pepple

________________________________                 _____________________________

Bruce Johnson                                                                           Madalyn Sade-Bartl, Clerk-Treasurer

________________________________

Nathan Van Horn

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