HomeMy WebLinkAboutD-1951-09 Sewer Fees Sponsor Councilor W Eric Seidensticker
ORDINANCE D- 1951 -09
AN ORDINANCE OF THE COMMON COUNCIL OF TiIE 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 sey 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 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 se« age works, and
WHEREAS Ind Code 36 9- 23 -25, authonzes this Council to exercise reasonable
discretion in adopting different schedules of fees, or making classifications in schedules of fees
based upon vanations in the costs, including capital expenditures of furnishing services to
vanous classes of users or to vanous locations, or the number of users in vanous locations and
WHEREAS based upon the financial analysis conducted by Crowe Horwath LLP this
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 Section 9 -171 in older 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 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 used The Monthly Base Charge and Monthly 1 low Charge shall be in accordance with the
following schedules
Monthly Base Charge
Meter Size Ucer Charges
5/8' 3/4' 5 19
1 1107
1 1/2 23 91
2" 40 30
3" 91 03
4 161 25
6' 360 26
8" 532 43
10 704 60
Monthy Flow Charge
Chaige Per 1 000 Gallons 2 59
(b) Use s not sei ved by metered water supply For the use and service rendered by said
sewage works users who are not served by a metered Hater supply shall pay a flat Monthly
Sewer Charge of $24 12
(c) The Council finds 9 -171, as amended herein constitutes a lust 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
(1) 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 1 C 36 9 -23 21 and
(3) Provide adequate money to be used as working capital, and
(4) Provide adequate money for improving and replacing the sewage works
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(d) A copy of the schedule of fees for sewage services set forth in 9 171 (as adjusted
under subsection (e) of this section) and shall be kept on file and available for public inspection
in the offices of the City Board of Public Works and Safety
(e) On or before December 31 of each year commencing December 31 2010 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 con esponding adjustment be made to the then in effect Monthly Base Charge and
Monthly Flow Charge (as originally set under subsection (a) of this section or as previously
adjusted under this subsection (e)) and flat Monthly Sewer Charge (as originally set under
subsection (b) of this section or previously adjusted under this subsection (e) to provide for costs
of the City s sewage woi ks However, the adjustment recommended by the Director for 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 1 of the succeeding year after approval by the City Council of the Director's
recommendation
Section 3 All pnor Ordinances or parts thereof inconsistent with any term or
provision of this Oidinance ale 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 othei provisions of this Ordinance
Section 4 This Ordinance shall be in lull 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
[Remainder of Page Intentionally Left Blank]
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e PAS SED by the Common Council of the City of Carmel, Indiana this 7 ik
day of
C U 2009, by a vote of 7 ayes and 0 nays
COMMON COUNCIL FOR THE CITY OF CARMEL
cshf iding Officer os- Gnffiths
/ice Thee
W Enc Seiden cker, Presiden empore -vin Rider
/ad z e
n V Accetturo R ichard L Sharp
4 €1 1 1-erab
onald E Carter uci er
AfT EL 'l'
Drina L Cordray, IAMC, Clerk 1 easurer
ti
Presented by me to the Mayor of the City of Carmel Indiana this Li of ija
2009 at /0 0 AM
t i Litt 4.
Diana L Cordray, IAMC Cle reasurer
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1404775
Approved by me, Mayor of the City of Carmel, Indiana this Iq day of (,(,I,IOJ( 2009,
at l0 3'1 �M uU
me B ainard Mayor
ATTEST
p d atatet
Diana L Cordray IAMC, Clerk f asurer
Prepared by Biyan J Collins Attorney At Law, BINGHAM McHALE LLP 2700 Market
Tower, 10 West Market Street, Indianapolis IN 46204
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