HomeMy WebLinkAboutD-1755-05 Sewer Fee Increase Sponsor: Councilor Kevin .Kirby
· ORDINANCE D-1755-05
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")
o~vns, operates, manages and contro.ls sewage works; and
. WHEREAS, Chapter 9, Article 3, Division V, Section 9-171 ("Section 9-171") of the
Cai'mel 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 after 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; based upon the financial analysis conducted by Crowe Chizek and Company'
LLC, this Council has determined that the schedule of fees for sewer service should be incre'ased
for certain classifications of users; and
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.
Sectio'n 2. That Section 9-171 of the Carmel City Code is hereby amended in its
entirety to read as follows:
"Section 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 use& The Monthly Base Charge and Monthly Flow Charge
shall be in accordance with the following schedules:
Monthly Base Charge
Meter Size
User Charges
5/8"-3/4" $ 3.96
1" $ 8.45
1-1/2" $ 18.25
2" $ 3O.76
3" $ 69.49
4" $ i23.09
6" $ 275.01
Monthly Flow Charge
Charge Per 1,000 Gallons
$ 1.98
(b) Users Not Served by Meter6d Water Supply. For the use and the service rendered
by said sewage 'works, users who are not served by a metered water supply shall.pay a flat
Monthly Sewer Charge of $18.41.
(c) This Council finds 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
2. Provide the sinking fund required by Ind. Code § 36-9-23-21; and
3. Proi, ide adequate money to be used as working capital; and
4. Provide adequate money for improving and replacing the sewage works.
(d) A copy of the schedule of fees for sewage sen, ices set forth in Section 9-171 (as
adjusted under subsection (e) of this Section 9-171) any shall be kept on file and available.for
Public inspection in the offices of the City of Carmel Board of Public Works and Safety.
(e) On or be}ore December 31st of each year commencing December 31, 2006, the
· City's Utility Director shall determine if there has been an increase in the Consumer Price Index
(United States city average) prepared by the United States Department of Labor, by comparing
the arithmetic mean of the Index for July, August, and September of the current year with the
same three-month period of the preceding year. If there has been an-increase, the increase shall
be stated as a percentage of the arithmetic mean for the three-month period of the year preceding
the current year (the "Adjustment Percentage"). The Adjustment Percentage shall be rounded to
the nearest one-tenth of one percent (0.1%) and may not exceed four percent (4%). Whenever
the Director determines that there has been an increase, the Director may recommend to the City
Council that a corresponding adjustment be made to the then in effect Monthly Base Charge and
Monthly Flow Charge (as originally set trader subsection (a) of this Section 9-171 or as
previously adjusted under this subsection (e)) and flat Monthly Sewer Charge (as originally set
under subsection (b) df this Section 9-171 or previously adjusted under this subsection (e), to
provide for costs of the City's sewage works. However, the adjustment recommended by the
Director under this subsection (e) may not be greater than the Adjustment Percentage determined
under this subsection (e). The adjusted charges as determined by the Director under this
. subsection take effect on January 1st of the succeeding year after approval by the City Council of
the Director's recommendation.
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.
PASSED by the Common Council of the City of Carmel, Indiana this I <~4~ay of
2005, by a vote of '7 ayes and 12) nays.
[Remainder of Page Intentionally Left Blank]
COMMON COUNCIL FOR THE CITY~~
Kevin ~I~r&~Pr e si~07/15~o Te/,~l~re
Rick S
Mayo~
ATTEST:
Diana L. Cordray, IAMC/CleI'k-T/reasurer
Presentedb~ymet h~e ayorofthe
City of Carmel, Indiana this
2005 at 6.;q~ , {CM.
' Dia
· . '~1~ ~, ~¢r,-.~surer
Approved by me, Mayor of the City of Carmel, Indiana, this L day of '~-Njt..t.~.q, 2005,
ATTEST:
Diana L~C~r rd a%~)ySMc~c erk~. ,~/
Prepare~ by: Bryan J. ~ollTnr~A~oaSmUj~rAt Law, BINGHA~ ' McHALE LLP, 2700 Market
Tower, 10 West Market Street, Indianapolis, iN 46204
954965