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Home My WebLink AboutD-2271-16 Sewer Rates19 Sponsors: Councilor Carter Councilor Kimball ORDINANCE D-2271-16 MzCe-1i[/)_alit II won -VA 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 Indiana Code § 36-9-23-26, the Common Council of the City of Carmel, Indiana (the "Council") may change or adjust its existing schedule of fees by ordinance after notice and public hearing; and WHEREAS, Indiana Code § 36-9-23-25, authorizes the Council to adopt by ordinance a just and equitable schedule of fees for sewer services rendered by the City's sewage works; and WHEREAS, Indiana Code § 36-9-23-25, authorizes the Council to exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees based upon variations in the costs, including capital expenditures of furnishing services to various classes of users or to various locations, or the number of users in various locations; and WHEREAS, based upon the financial analysis conducted by Carmel Utilities, and recommended by Crowe Horwath LLP the Council has determined that the schedule of fees for sewer service should be increased for certain classifications of users; and WHEREAS, the schedules of fees adopted herein are just and equitable, and WHEREAS, it is necessary to amend Carmel City Code Section 9-171 in order to establish a new City schedule of fees for sewer services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that Section 1. The foregoing recitals are fully incorporated herein by this reference Section 2. This Council after notice, investigation, public hearing and consideration, has determined that it is necessary to amend Chapter 9, Article 3, Division V, Section 9- 171 of the Carmel City Code which shall be hereby amended to read as follows: 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-2271-16 - Sewer Fees Red Line Blue Line.doc Sponsors: Councilor Carter Councilor Kimball "§ 9-171 Sewer Charges. (a) Users served by metered water supply. For the use and the service rendered by said sewage works, users who are served by a metered water supply shall pay a Monthly Base Charge plus a Monthly Flow Charge. The Monthly Base Charge shall be based upon the size of the water meter installed. The Monthly Flow Charge shall be a volumetric charge per 1,000 gallons of water used. The Monthly Base Charge and Monthly Flow Charge shall be in accordance with the following schedules: MONTHLY FLOW CHARGE Charge per 1,000 gallons $ 4.10 (b) Users not served by metered water supply. For the use and service rendered by said sewage works, users who are not served by a metered water supply shall pay a flat Monthly Sewer Charge of $34.97. (c) Annual COLA Increase. 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-2271-16 Page Two of Four 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-2271-16 - Sewer Fees Red Line Blue Line.doc MONTHLY BASE CHARGE Meter Size User Charge 5/8 -inch, 3/4 -inch $ 8.21 1 -inch 17.49 1 -1/2 -inch 37.79 . 2 -inch 63.70 3 -inch 143.87 4 -inch 254.85 6 -inch 569.39 8 -inch 841.50 10 -inch 1113.62 MONTHLY FLOW CHARGE Charge per 1,000 gallons $ 4.10 (b) Users not served by metered water supply. For the use and service rendered by said sewage works, users who are not served by a metered water supply shall pay a flat Monthly Sewer Charge of $34.97. (c) Annual COLA Increase. 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-2271-16 Page Two of Four 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-2271-16 - Sewer Fees Red Line Blue Line.doc Sponsors: Councilor Carter Councilor Kimball Section 3. All prior Ordinances or parts thereof inconsistent with any term or provision 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 the date of its passage,' execution by the Mayor and publication in accordance with the Laws of the State of Indiana. �UPASSED by the Common Council of the City of Carmel, Indiana, this I day of 2016, by a vote of _ ayes and _ 0 nays. Presiding Officer Laura D. Campbell Roff9d E. Carter S e ,F nkam 0 COMMON COUNCIL FOR THE CITY OF CARMEL S. Pauley, Clerk- z Ordinance D-2271-16 Page Three of Four H. Bruce Kimball evin 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 Project0rdinance D-2271-16 - Sewer Fees Red Line Blue Line.doc Sponsors: Councilor Carter Councilor Kimball Presented ' by me to the Mayor of the City of Carmel, Indiana this RNUA r vj 2016, at 11 .3 Q P.M. I day of Christine S. Pauley, Approved by me, Mayor of the City of Carmel,. Indiana, this —!:ff day of 2016, at M. geon(- Jarr&s Brainard, Mayor ATTEST: Ordinance D-2271-16 Page Four of Four 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-2271-16 - Sewer Fees Red Line Blue Line.doc