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Home My WebLink AboutD-1340-97 Hamilton Westrn Util CodeOnmNANCn NO. D-i%qD- q '/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 9, ARTICLE 3, DIVISION V, SECTION 9-171 OF THE CARMEL CITY CODE WHEREAS, pursuant to Ind. Code §§ 36-9-23 et seq., the City of Carmel (the "City") owns, operates, manages and controls sewage works; and WHEREAS, the City has recently acquired or is in the process of acquiring sewage works located and serving users in Clay Township, Hamilton County, but outside the corporate limits of the City as those limits existed as of December 31, 1996 (the "Newly Acquired 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 Ind. Code § 36-9-23-26, this Council may change or adjust its existing schedule of fees by ordinance alter notice and public hearing; and WHEREAS, Ind. Code § 36-9-23-25 authorizes this Common Council of the City of Carmel, Indiana ("Council") to adopt by ordinance a just and equitable schedule of fees for sewer services rendered by the City' s sewage works; and WHEREAS, Ind. Code § 36-9-23-25, authorizes this 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, the cost, including capital expenditures, of serving users through the Newly Acquired Works will be higher than the cost of serving other users; and WHEREAS, because of and based upon such cost differences, it is just, equitable, and reasonable to establish the schedules of fees herein for users to be served through the Newly Acquired Works, which schedules are different from the schedule of fees for the City' s other users; and WHEREAS, the schedule of fees for users served by the City before the acquisition of the Newly Acquired Works should remain unchanged; and sewramen.ord 11/97 WHEREAS, the schedules of fees adopted herein are just and equitable; and WHEREAS, it is necessary to amend Section 9-171 in order to establish a new City schedule of fees for sewer services. NOW, THEREFORE, BE IT ORDAINED by this 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. Section ?.. That Section 9-171 of the Carreel City Code is hereby amended to read as follows: "Section 9-171. Sewer Charges. (a) Class A l lsers Served Ry Metered Water Supply. For the use and the service rendered by said sewage works, Class A 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 Base Charge Meter Size Class A User Charge 5/8"- 3/4" $ 4.03 1" $ 8.61 1¼" $18.60 1V2" $ 31.36 2" $ 70.83 3" $125.48 4" $ 253.90 6" $ 280.33 sewramen.ord 11/97 2 Monthly Flow Charge Per 1,000 Gallons Class A User Charge $ 2.02 (b) Class A l lsers Not Served Fly Metered Water Supply and Class Fl l lsers. For the use and the service rendered by said sewage works, Class A users who are not served by a metered water supply and Class B Users shall pay a Flat Monthly Sewer Charge based upon the following schedule: Flat Monthly Sewer Charge Class A User Charge $18.77 Class B User Charge $ 33.59 (c) Definitions. For purposes of this Section, the following terms shall have the following meanings: 1. Class A l lser - All users who are not Class B Users. 2. Class Fl l lser- Users whose property is located outside the corporate limits of the City of Carmel, but excluding property located in the platted subdivisions known as Bentley Oaks, Thistlewood, Hunters Knoll, and Hunters Creek South, and excluding those users who were customers of the City as of November 30, 1996." Section 3. This Council finds that Section 9-171, as amended herein, constitutes a just and equitable schedule of fees for services rendered by the City' s sewage works, which fees are required to maintain the sewage works in the sound physical and financial condition necessary to render adequate and efficient service and are sufficient to: Pay all expenses incidental to the operation of the sewage works, including legal expenses, maintenance costs, operating charges, repairs lease rentals and interest charges on bonds or other obligations; and b. Provide the sinking fund required by Ind. Code § 36-9~23-21; and sewramen. ord 11/97 3 c. Provide adequate money to be used as working capital; and d. Provide adequate money for improving and replacing the sewage works. Section 4. A copy of the schedule of fees for sewage services set forth in Section 9-171 shall be kept on file and available for public inspection in the offices of the City of Carmel Board of Public Works and Safety. Section 5. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed. Section 6. 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. PAS ED by the Common Council of the City Carmel, Indian this /5~ day of ,1997 byta v , of ~ ayes and /"~ nays. /- ,~ Robert ~tre~ fr ~ ~ ~ Diana L. Cordray, Clr sewramen.ord 11/97 Presented by~f~the Mayor of the City of Carmel, Indiana, this / 5' day of }J ' 1997 at o' clock. Dian ,a L. Cordray, C1 Approved by, e, Mayor of the City off , 'ana, this /-g' day of DS~..G ' 1997. ~ //~ James ' ~, Mayor ' ~ · Diana L. Cordray, Cle~-Tr~~ sewramen.ord 11/97 5 Form Prescribed ',ate Board of Accounts /74'~//7/~z*- County, Indiana LINE COUNT General Form ~ .9P (Revised 1997) PUBLISHER'S C~M Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisement is set) -- nun~ber of equivalent lines ............. Head -- number of lines ................................. Body -- number of lines .................................. Taft -- number of lines .................................. Total number of lines in notice ....... ' .................... COMPUTATION OF CHARGES at, ~232'~ cents per line ................................... $ Additional charge for notices containing rule or tabular work (50 percent of above amount) ............................... Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........................................ TOTAL AMOUNT OF CLAIM '. .......................... DATA FOR COMPUTING COST Width of single column Y ems Number of insertions ] Size of type (c~ point Pursuant to the provisions and penalties of Chapter 155, Acts 1953, hereby certify that the foregoing account is just and correct, that the amount claimed ,... .,,,.., _,,...., ,,., ,o .5 , ,.¢7 .,-,..: State of Indiana SS; Sl:flVd::)H · S~$O SJ~II]H · SJ~lJ MBN ~L ~¢E ~ pemsul · pepuog · pesue~ PUBUC HEAm~ ON PRO~SED RATES · .o c~.~ss ijol~e~tuo~ [e3oq F~ THE CiTY ~ CARMEL sEweR unuw ~no~ mo~J ~ugJooH · trod~ ~fore the CRy d Cmmd ~mn ~unc~ on ~eaf 1, t~7, ~ w~ e~l~ a n~ ~r tale c~slfl- clt~ fm cuNam to ~ ~H I a ~ h wm~ d H~lon Welarn UIIIN~, Inc, T~ ~o- chqe d ~y ~1~ ~r ~ d t~ Gay. T~ ~ ..... ~ - . PUBLISHER'S AFFIDAVIT Par 1,000 Gadlane Class A Use Charge $2.02 (b) Class A Users No( Served By Meeted Water Supply and Class B Users. For the use and the service fentiered by said sewerage My commission expires: · ed before me, a notary public In and for said counly and gned David A. Lewis who, being duly sworn, says that he le Dally Ledger a daily newspaper of general circulation print- In the English language In the town of FIshers in state and and that the printed matter attached hereto Is a true copy. abllshed in said paper for { time , the dates of pub- allows: : e e c 5, / / /orn to before me this ~6" day o . ~/t ~ ev Xi 'a~%~ta~ Public //. ,~-' ~p~ / ' Resident of ~/~//~)/~ County