HomeMy WebLinkAboutD-2227-15 Amend Chapter 9, Article 3, Dvision V Section 171 CTRWD ratesSponsors: Councilor Snyder
Councilor Carter
Councilor Rider
ORDINANCE D-2227-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDING CHAPTER 9, ARTICLE 3, DIVISION V,
SECTION 171 OF THE CARMEL CITY CODE
WHEREAS, pursuant to Indiana Code §36-9-23 et seq., the City of Carmel ("the City")
owns, operates, manages, and controls sewage works; and
WHEREAS,:Chapter 9, Article 3, Division V, Section 9-171 ("Section 9-171") of the
Carmel City Code establishes a schedule of fees for sewer service; and
WHEREAS, pursuant to an Agreement executed in October 2010 between the City and
the Clay Township Regional Waste District ("Clay"), Carmel treats the wastewater of Clay and
charges for such service, among other rates and charges, a volumetric rate of $984.18 per million
gallons ($0.98418 per 1,000 gallons); and
WHEREAS, pursuant to the Agreement, the rate charged to Clay was to remain
unchanged through the period ending March 1, 2012, after which time, the rate maybe changed;
and
WHEREAS, the Agreement authorizes a presumptive rate change that will allow the rate
change to Clay to be the same percentage change as for Carmel residential customers; and
WHEREAS, pursuant to Ordinance No. D-2069-11, this Council amended the rates
charged to residential customers as of February 27, 2012, by increasing residential rates by 45%;
and
WHEREAS, Carmel has not passed on the 45% presumptive rate increase to Clay
customers; and
WHEREAS, notice as required pursuant to the Agreement was duly provided to Clay, at
which point an extensive series of negotiations was held concerning the magnitude of the rate
increase that should be adopted for Clay; and
WHEREAS, City and Clay officials have reached agreement that the Clay volumetric
rate and base charge should be increased in phases over a four-year period as set forth in this
Ordinance; and
WHEREAS, this Council has conducted a duly noticed public hearing; and
WHEREAS, this Council has determined that with the increase authorized herein,
Canner s schedule of fees for sewer service will be just and equitable; and
WHEREAS, other than the volumetric rate and base charge applied to Clay, no other
sewer rates or charges are affected by this Ordinance.
NOW, THEREFORE, be it ordained by the Common Council of the City of Carmel,
Indiana that:
Section 1: This Council, after notice, investigation, public hearing, and consideration,
has determined that it is necessary to amend Section 9-171 by adding the following subsection:
(c) Clay Township Regional Waste District. For the use and service rendered to Clay
Township Regional Waste District on an after the date specified below, the
following rates and charges shall apply:
Date
Volumetric
Minimum Charge/ 1.75
Charge/1,000 Gallons
Million Gallons
November 1, 2015
$ 1.3537
$2,369.05
November 1, 2016
$ 1.3909
$2,434.20
November 1, 2017
$ 1.4292
$2,501.14
November 1, 2018
$1.4685
$2,569.92
These charges are in addition to the other rates and charges set forth in the
Agreement between the City of Cannel and the Clay Township Regional Waste
District executed October 2010 pursuant to Chapter 9, Article 3, Division V,
Section 9-173 of the Cannel City Code.
Section 2: This Ordinance does not affect the rates charged to any customer other than
the Clay Township Regional Waste District
Section 3: All prior Ordinances or parts thereof inconsistent with any terms or provisions
of this Ordinance are hereby repealed. If any one or more of the terms or provisions of this
Ordinance shall be deemed by a court of competent jurisdiction to be contrary to law, then such
term or provision shall be deemed severable from the remaining terms and shall in no way affect
the validity of the other provisions of this Ordinance.
Section 4: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor and such publication as is required by law.
ADPOPTED by the Common Council of the City of Carmel, Indiana this Viiinday of
(-Li7DOQX" , 2015, by a vote of 7 ayes and 0 nays.
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COMMON COUNICIL FOR THE CITY OF CARMEL
&HE 0 �.
Richardrp, President Carol -Schleif U
L. S a
`��/i 'L
Ropdfd E. Carter W. Eric Seidenpficker
ATTEST:
Diana L. Cordray, IAMC, Clerk-Tde,
Present d�y me to the Mayor of the City of Carmel, Indiana this at day of
0c:to 2cr , 2015, at 64%r Q .m.
Diana L. Cordray, IAMC, Clerk -Tr rer
Approved by me, Mayor tl}e City of Carmel, Indiana, this cpga day of
ATTEST:
76gAmdu ?7ei
, 2015, at -/ .m.
Diana L. Cordray, IAMC, Clerk-Trealurer
JA
Jam Brth ard, ayo r
This document was prepared by Nicholas Kilo, Barnes & Thornburg LLP, 1 I South Meridian St. Indianapolis, IN 46204
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