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HomeMy WebLinkAboutD-2693-23 Amends Schedule of Non-Recurring Fees for Water Service Collected by Carmel Utilities SPONSORS: Councilors Worrell and Finkam ORDINANCE D-2693-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 9, ARTICLE 2, DIVISION II, SECTION 9-44, CHAPTER 9 ARTICLE 2, DIVISION III SECTIONS 9-45, 9-51, AND 9-52 AND CHAPTER 9 ARTICLE 2, DIVISION IV, SECTIONS 9-58, 9-62, AND 9-75 OF THE CARMEL CITY CODE Synopsis: Amends the schedule of non-recurring fees for water service collected by Carmel Utilities within the City of Carmel. 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 Council after notice, investigation, public hearing and consideration, has determined that it is necessary to amend the schedule of non-recurring fees for water service; and WHEREAS, the schedule of non-recurring fees for water service adopted herein is nondiscriminatory, reasonable and just; and WHEREAS, the City's schedule of non-recurring fees 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. Ordinance D-2693-23 Page One of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam Section 2. Carmel City Code, Chapter 9, Article 2, Division II, Section 9-44 is hereby amended to 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 government agencies, and/or a hydraulic capacity review: (a) For projects with single commercial, business, and residential fire service lines: $273.93. (b) For projects with more than one customer requiring a water service line extension: $547.86. (c) On January 1 of each year, beginning in 2025, 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 3. Carmel City Code, Chapter 9, Article 2, Division III, Sections 9-45, 9-51, and 9- 52(d)(5) are hereby amended to read as follows: “§ 9-45 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 by¾ -inch meter $153.87 labor (2) 1- inch meter $153.87 labor (3) 1½ 1.5 inch $171.87 labor (4) 2-inch meter $199.68 labor (5) Meters larger than 2 inches shall be charged: Actual time and materials incurred, but not less than $211.14 Ordinance D-2693-23 Page Two of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam (6) Meter re-read fee $17.97 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. (e) On January 1 of each year, beginning in 2025, 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 $119.47 in addition to all other authorized fees and charges. Ordinance D-2693-23 Page Three of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam (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 2025, 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. § 9-52(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 $580.10. 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 $124.20, in addition to all other authorized fees and charges. c) On January 1 of each year, beginning in 2025, 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. Carmel City Code, Chapter 9, Article 2, Division IV, Sections 9-58, 9- 62, and 9- 75(d) are hereby amended to read as follows: “§9-58 Tapping Fees (a) When the Carmel Utility is requested to tap a water main, the tap installation fee shall be $662.97 for each tap up to 2 inches plus the cost of material. (b) The tap inspection fee for individual water main taps shall be $186.58 for each tap inspected. Ordinance D-2693-23 Page Four of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam (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 $119.47, in addition to all other authorized fees and charges. (d) On January 1 of each year, beginning in 2025, 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. § 9-62 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 $135.86 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 $286.20. 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 assess 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 45 days or more past due. (d) On January 1 of each year, beginning in 2025, 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-2693-23 Page Five of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam § 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. (c) The deposit fee for hydrant meters shall be: (d) Temporary water users who request water provided through a City-owned fire hydrant shall pay the following: Hydrant Meters over 1 inch (l") Daily fee of $42.60 plus the water consumed which shall be charged at the current schedule of water rates. Hydrant Meters up to and including 1 inch (l") Daily fee of $24.53 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 per violation. (f) On January 1 of each year, beginning in 2025 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 5. 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. Ordinance D-2693-23 Page Six of Eight Hydrant Meters over 1 inch (l ") $200.00 Hydrant Meters up to and including 1 inch (1") $75.00 DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam Section 6. 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 7. 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 8. 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. Section 9. This ordinance shall be in full force and effect thirty (30) calendar days from and after its proper passage, signing by the Mayor and such publication as is required by law. [signature page follows] Ordinance D-2693-23 Page Seven of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 SPONSORS: Councilors Worrell and Finkam PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Jeff Worrell, President Laura Campbell, Vice-President ___________________________________ ____________________________________ Kevin Rider Sue Finkam ___________________________________ ____________________________________ Anthony Green Adam Aasen ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Teresa Ayers ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2023, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2023, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2693-23 Page Eight of Eight DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 19th 18th 19th P 9 December 0 1:45 PDecember December 2:00