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HomeMy WebLinkAboutD-2269-16 Utility Rate IncreaseSponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell ORDINANCE D-2269-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA AMENDING CHAPTER 9, ARTICLE 2, DIVISION IV, SECTIONS 9-44,945, 9-51,9-52,9-58,9-62, AND 9-75 OF THE CARMEL CITY CODE WHEREAS, The City of Carmel, Hamilton County, Indiana (the "City), is organized as an Indiana municipal corporation; and WHEREAS, pursuant to Indiana Code § 8-1.5 et. seq., the City owns, operates, manages and controls a water utility (the `.`Utility:); and WHEREAS, the City's existing schedule of non-recurring fees for water service is codified within Chapter 9, of the Carmel City Code; and . WHEREAS, the Utility's costs are increasing and must be offset, in part, by increased fees and/or new fees to cover those costs; and WHEREAS, Indiana Code §8-1.5-3.8 authorizes the Carmel Common Council (the "Council") to adopt, by ordinance, a nondiscriminatory, reasonable and just schedule of non- recurring fees for water; and WHEREAS, the schedule of non-recurring water rates and charges adopted herein is nondiscriminatory, reasonable and just; WHEREAS, the City's schedule of non-recurring fees and charges for water service shall apply in all areas serviced by the City's Utility. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Council, after such notice and investigation, has determined that it is necessary to amend Carmel City Code Sections 9-44, 9-45(a) and (b), 9-51, 9-52 (d)(5), 9-58, 9- 62, and 9-75(d), which amended Sections shall read as follows: § 9-44 Application Fees for Water Service. The Water Utility shall invoice the owner or person requesting water service as follows for review of construction drawings, which may include site visits, comment letters, completion of forms requested by the Indiana Department of Environmental Management and other governmenvagencies, and/or a hydraulic capacity review: This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Project\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell (a) For projects with single commercial, business, and residential fire service lines: $165.00. (b) For projects with more than one customer requiring a water service line extension: $330.00. (c) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year. § 945 Service Charge and Installation Fee. For connection to,the City's waterworks system, the following charges and fees shall apply: (a) A service charge for.each new water account: $20.00 (b). Installation fee for each original direct read water meter installed: (1) 5/8 by 3/4 -inch meter $94.00 labor (2) 1- inch meter $94.00 labor (3) 11/21.5 inch $105.00 labor (4) 2 inch meter $122.00 labor (5) Meters larger than 2 inches shall be charged: Actual time and materials incurred, but not less than $129.00 (6) Meter re -read fee $11.00 When a customer requests a re -read of their meter, the first such request annually will be at no cost to the customer. However, if -subsequent requests are made and the result of such re -read is that the meter is operating within the acceptable accuracy range per industry standards, then the customer may be charged an additional fee for each re -read. '(c) Tapping fees shall be as set forth in § 9-58. (d) The schedule of fees set forth above apply where the length of pipe from the main to the meter pit is not over 25 feet. If this length is exceeded, add the following: (1) Labor (by the hour) at the rate currently paid during construction; (2) Machinery (at the current hourly rental rate); (3) Parts. and materials involved over 25 feet. Ordinance D-2269-16 Page Two of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Proiect\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell (e) On January l of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year. § 9-51 Water Meter Pit Accessibility: Inspection (a) Water meter pits must be in an accessible location so as to allow the easy reading and inspection of the water meter. No obstructions, impediments or conditions shall exist on or near the water meter pit that prevent the water meter from being easily read, replaced, and/or maintained. Prohibited obstructions include, but are not limited to, shrubbery, flower beds, vehicles or other objects placed on, across, near or over the water meter pit. Water meters that are located in -doors must also be readily accessible for easy reading and maintenance. (b) The water meter pit, piping, and lid are owned by the owner of the property on which they are located, and such owner is responsible for their safe and proper condition and their compliance with City specifications. The water meter is owned and maintained by the City. (c) Any contractor or owner who requests a meter pit inspection and/or meter installation when the meter pit or internal plumbing is not ready, thus requiring more than one trip to the site by a City employee or agent, shall be subject to a subsequent trip fee of $63.00 in addition to all other authorized fees and charges. (d) Any person violating this Section shall be subject to a fine of not less than $100.00 per violation_ in addition to the discontinuance of City water service until such time as the meter pit is rendered safe and meets all current City specifications., (e) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or'adjusts the percentage of the COLA increase for the next fiscal year. Ordinance D-2269-16 Page Three of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:lshared\2016 Ordinance Proiect\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell § 9-52 (d) (5) Inspection of devices; time limits. (a) Before the installation of any land irrigation device or in -ground automatic sprinkling system, a permit, application must be completed and filed with, and a permit must be obtained from, the Carmel Water Utility. The permit fee shall be $355.00. The permit application must include a drawing showing the size of the proposed irrigation system, the point of connection, size of pipes, number of sprinkling heads, and an estimate of how many gallons the system will use per sprinkling event, and such other relevant information as the Carmel Water Utility may require. (b) Any person who requests an irrigation system inspection when the system is not ready for inspection, thereby necessitating more than one trip to the site by a Carmel Utilities employee or agent, is subject to a subsequent trip fee of $92.00, in addition to all other authorized fees and charges. (c) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or. adjusts the percentage of the COLA increase for the next fiscal year. § 9-58 Tapping Fees (a) When the Carmel Utility is requested to tap a water main, the tap installation fee shall be $405:00 for each tap up to 2 inches plus the cost of material. (b) The tap inspection fee for individual water main taps shall be $114.00 for each tap inspected. (c) Any person requesting a water main tap or tap inspection when the excavation or related equipment is not ready for inspection, necessitating more than one trip to the site by a Carmel Utility employee or agent is subject to a subsequent trip fee of $73.00, in addition to all other authorized fees and charges. (d) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentageof the COLA increase for the next fiscal year., Ordinance D-2269-16 Page Four of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City' Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:lshared12016 Ordinance ProiectlOrdinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell § 9-62 Disconnection for Non -Payment: Returned Checks (a) Water service shall be disconnected from those Carmel City Utility customers who fail to pay all the accrued fees and late charges on their account within 60 days of billing. Should payment not be received, a disconnect fee of $83.00 will be applied to the account and service will be terminated until all charges and fees are paid. Service reconnection after (outside) regular business hours may be subject to an after-hours reconnection fee of $180.00. The water service can only be restored by a Carmel Water Utility employee. Unauthorized service restoration shall be subject to the after-hours reconnection_ fee. An additional fine may be applied if during unauthorized service restoration, any City of Carmel -or Carmel Utilities property is damaged or destroyed. (b) If the City of Carmel Utilities receives a payment for services provided, fees and or contract charges and the payment method employed is returned for insufficient funds, the Utility may asses an insufficient funds fee of $33.00, in addition to all other applicable charges. Service may be disconnected or denied until the account balance has been made current. Cash, cashier's check or .money order or credit card may be required to pay all such charges. (c) No new water service may be provided to any properties owned or controlled by a customer who has' a Carmel City Utility delinquent account balance that is 64 45 days or more past due. (d) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year. § 9-75 Hydrant Meters (a) No person shall use or collect Carmel Water Utility water from.any fire hydrant without a metering device approved by the Carmel Water Utility. (b) Hydrant meters may be installed on fire hydrants at the discretion of the Carmel Water Utility when conditions warrant for the purpose of supply of water to any site. Such installation shall be supervised by the Carmel Water Utility. Ordinance D-2269-16 Page 'Five of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Proiect\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell (c) The deposit fee for hydrant meters shall be: Hydrant Meters over 1 inch (1"): $200.00 Hydrant Meters up to and including 1 inch (1"): $75.00 (d) Temporary water users who request water provided through a City -owned fire hydrant shall pay the following: Hydrant Meters over 1 inch (1"): Daily fee of $26.00 phis the water consumed which shall be charged at the current schedule of water rates. Hydrant Meters up to and including 1 inch (1"): Daily fee of $15.00 plus the water consumed, which shall be charged at the current schedule of water rates. (e) A violation of this Section shall be subject to a fine of not less than $100.00 pet violation. (f) On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment ("COLA") shall be added to the previous year's rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year. Section 4. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of 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 5. This Council finds that the City's schedule of non-recurring water rates and charges as amended herein, constitutes a nondiscriminatory, reasonable and just schedule of water rates and charges for services rendered by the City's waterworks, which fees are required to maintain the waterworks in the sound physical and financial condition necessary to render adequate and efficient service. Section 6. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 7. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Ordinance D-2269-16 Page Six of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Project\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider Councilor Worrell Section 8. This Ordinance shall be in full force .and effect forty five (45) days after the date of its passage, execution by the Mayor and publication in accordance withthe laws of the State of Indiana. SO ORDAINED by the Common Council of the City of Carmel, Indiana, this day of~ CAV1 aa� , 2016, by a vote of �_ ayes and –(2— nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presidi'o, ng Officer Laura D. Campbell Rd—'61d E. Carter 75 Su am Ordinance D-2269-16 Page Seven of Eight Kevin D. Rider This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Project\Ordinance D-2269 - Non Recurring Fees.doc Sponsors: Councilor Carter Councilor Kimball Councilor Rider, Councilor Worrell Presented by me to the Mayor of the City of Carmel, Indiana this G 11 A ow 2016, at 11; 31 �.M. j# flay of Approved by me, Mayor of the City of Carmel, Indiana, this day of Ql uka 2016, at. I W�) f M. Ja s Brainard, Mayor ATTEST- Ch-fistine S. Pauley, Cle 1c -Treasurer . Ordinance D-2269-167 Page Eight of Eight This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Proiect\Ordinance D-2269 - Non Recurring Fees.doc