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Home My WebLink AboutD-2694-23 Amends Charges for Sewer Service by Carmel UtilitiesSponsors: Worrell and Finkam ORDINANCE D-2694-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 9, ARTICLE 3, DIVISION VI, SECTION 9-171 OF THE CARMEL CITY CODE Synopsis: Amends the charges for sewer service collected by Carmel Utilities within the City of Carmel. WHEREAS, pursuant to Indiana Code § 36-9-23-1 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. Ordinance D-2694-23 Page One of Four DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 Sponsors: Worrell and Finkam Section 2. This Council after notice, investigation, public hearing and consideration, has determined that it is necessary to amend Chapter 9, Article 3, Division VI, Section 9-171 of the Carmel City Code which shall be hereby amended to read as follows: “§ 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 BASE CHARGE Meter Size User Charge 5/8-inch, 3/4-inch $12.12 1-inch $21.52 1-1/2-inch $55.76 2-inch $94.02 3-inch $212.33 4-inch $375.06 6-inch $840.35 8-inch $1,241.93 10-inch $1,643.53 MONTHLY FLOW CHARGE Charge per 1,000 gallons $6.05 Charge per 100 cubic feet $4.52 (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. Ordinance D-2694-23 Page Two of Four DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 Sponsors: Worrell and Finkam (c) Annual COLA Increase. Subject to the modifications set forth in subsections (d) and (e) herein, 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 for all customers. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage increase for the next calendar year or otherwise amends this subsection. (d) CTRWD. For the use and service rendered to CTRWD on an after the date specified below, the following rates and charges shall apply: Date Volumetric Charge/1,000 Gallons Minimum Daily Charge November 1, 2015 $ 1.3537 $2,369.05 November 1, 2016 $ 1.3909 $2,434.20 November 1, 2017 $ 1.4292 $2,501.14 November 1, 2018 $1.4685 $2,569.92 These charges are in addition to the other rates and charges set forth in the agreement between the City of Carmel and the CTRWD executed October 2010 pursuant to the Carmel City Code. (e) Citizens Wastewater of Westfield. The City serves Citizens Wastewater of Westfield under the Westfield Agreement. Citizens Wastewater of Westfield shall be subject to a volumetric charge of $1,514.62 per million gallons. This rate is not subject to the COLA, but shall be periodically reviewed and adjusted as provided in the Westfield Agreement. This rate shall be in addition to the other rates and charges set forth in the Westfield Agreement.” Section 3. 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 4. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section5. 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. Ordinance D-2694-23 Page Three of Four DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 Sponsors: 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-2694-23 Page Four of Four DocuSign Envelope ID: 03AC7ADE-99B6-42B1-817F-20C55B345F55 December 19th 9 2:00 P December December 0 1:45 18th P 19th