Ordinance 2018-13: AN ORDINANCE AMENDING PERMIT INSPECTION AND CONNECTION FEES AND SECURITY DEPOSIT FEES FOR CONNECTION TO THE PUBLIC SEWER SYSTEM OF CHURUBUSCO, INDIANA

ORDINANCE 2018-13

AN ORDINANCE AMENDING PERMIT INSPECTION AND CONNECTION FEES AND SECURITY DEPOSIT FEES FOR CONNECTION TO THE PUBLIC SEWER SYSTEM OF CHURUBUSCO, INDIANA

WHEREAS, Ordinance No. 89-10, as amended, delineates terms and provisions for current fees and assessments for connection to the municipal sewer system of the Town of Churubusco, Indiana; and,

WHEREAS, pursuant to Ind. Code §8-1.5-3-8.1, this Council may change or adjust its existing schedule of fees by ordinance after providing notice and conducting a public hearing; and

WHEREAS, Ind. Code §8-1.5-3-8.1 authorizes this Council to adopt by ordinance a nondiscriminatory, reasonable and just schedule of fees for sewer services rendered by the Town’s sewer works system; and

WHEREAS, Ind. Code §8-1.5-3-8.1, authorizes this Council to exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, to ensure that the rates and charges produce an income sufficient to maintain the utility property in a sound physical and financial condition to render adequate and efficient services, and whereas rates and charges too low to meet these requirements are deemed unlawful; and

WHEREAS, because of and based upon such cost increases as provided in the Rate Report, it is nondiscriminatory, reasonable, and just to amend the existing schedules of fees herein for users of the water system; and

WHEREAS, the Clerk-Treasurer of the Town has given notice of the public hearing on proposed rates pursuant to the Act; and

WHEREAS, a public hearing was held before this Council on November 7, 2018 at which time testimony from interested persons was received, after introduction of this Ordinance and pursuant to the Act.

NOW BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, THAT:

SECTION I: ESTABLISHMENT OF A PERMIT AND INSPECTION FEE

1. 1.                  The permit and inspection fee (formerly referred to as the “tap fee”) reflects the costs associated with permitting, connecting, and inspecting each Customer to the Town’s system. Where a single Customer shall make multiple connections, an appropriate multiple of the single permit and inspection fee shall be charged.

1. 2.                  A single permit and inspection fee for each Customer residing within Town limits and connecting to any portion of the system shall be $1,500, exclusive of excavation, for the installation of a 5/8 or 3/4 inch residential meter service. All other services shall be installed at the Town’s actual cost, plus $1,500.

1. 3.                  A single permit and inspection fee for each Customer residing outside Town limits and connecting to any portion of the system shall be $2,500, exclusive of excavation, for the installation of a 5/8 or 3/4 inch residential meter service. All other services shall be installed at the Town’s actual cost, plus $2,500.

1. 4.                  In all cases the owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent of public works. Extraterritorial applicants shall also be subject to a remonstrance waiver prior to connection of services.

1. 5.                  The determination of the appropriate meter size shall be within the sole and exclusive right and authority of the Town of Churubusco, and shall be related to factors including, but not limited to, the volume and nature of water flow. Any efforts to avoid, circumvent, or alter the fee schedule herein, or the intent of this ordinance, through the utilization, installation, or configuration of multiple smaller meters is strictly prohibited.

1. 6.                  The Town shall not allow final and permanent connection or connections to the Town’s sewage facilities of any real estate producing wastewater until a permit is obtained and payment has been made to the Town for the appropriate permit and inspection fee.

1. 7.                  Any developer of real estate applying for service shall pay the applicable fees by platted sections before the sections are submitted for approval and recording or otherwise enter into an acceptable developer’s agreement which shall provide for the future payment of the permit and inspection fee prior to final and permanent connection.

1. 8.                  Permit and inspection fees shall be non-refundable.

1. 9.                  Applicants are required to adhere to all rules and regulations of the Town of Churubusco or be subject to disconnection done at the applicant’s expense.

SECTION II: SECURITY DEPOSIT AND APPLICATION

1.  Prior to beginning monthly service with Churubusco Utilities, users are required to complete an application, provide photo identification, and a security deposit of $75.00 shall be collected from all prospective customers prior to stating service.

2. Such security deposits shall not accrue interest payable to the user.

3. Deposits shall be held by Town for a twenty-four (24) month period or when service is terminated, whichever occurs first. Deposits shall be applied to the user’s account. Should the deposit result in a credit to the account, Churubusco Utilities shall refund the amount to the user within thirty (30) days of their final billing.

SECTION III: EFFECTIVE DATE

This Ordinance shall be in full force and effect upon passage of this ordinance, 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

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Madalyn Sade-Bartl, Clerk-Treasurer                                 ______________________________

Mark Pepple, Vice-President

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Bruce Johnson, Council Member