HomeMy Public PortalAbout058-2012 - Amending City Code -Sewer RatesORDINANCE NO. 58-2012
A GENERAL ORDINANCE AMENDING
SUBSECTION 53.18 OF RICHMOND CITY CODE
WHEREAS, Chapter 53 of the Richmond Code regulates sewer rates and charges within
the City of Richmond; and
WHEREAS, Subsection 53.18 of the Richmond Code provides for bills to be prepared and
collected by Indiana -American Water Company in its normal course of
business; and
WHEREAS, Special Ordinance No. 1-1994 was passed and adopted January 20, 1994
clarifying the establishment of the Sanitary District of the City of Richmond
and approving an agreement between Indiana -American Water Company,
Inc. and the Sanitary District of the City of Richmond for the performance of
billing, revenue collection, debt collection and general operation services, and
establishing a procedure for the resolution of disputed charges for the
discharge of liquid waste into the facilities of the Sanitary District of the City
of Richmond; and
WHEREAS, such agreement was amended effective November 1, 2007 to include such
services with respect also to Stormwater accounts on behalf of the
Department of Stormwater Management of the City of Richmond; and
WHEREAS, Indiana -American Water Company has notified the Richmond Sanitary
District that it will no longer bill and collect sewer and stormwater accounts
for the District beginning at a date to be mutually determined in the fourth
quarter of 2012; and
WHEREAS, The Richmond Sanitary District and Indiana -American Water Company are
negotiating agreements to obtain water usage data from the Company for the
District to begin its own billing and collection services, and for water
termination services (disconnection) by the Company in the event of non-
payment of sewer charges owed by Richmond Sanitary District customers;
and
WHEREAS, Indiana Code Section 36-9-25-11.5 requires that a municipality shall provide
by ordinance a procedure for resolving disputed bills that includes an
opportunity for a delinquent user to meet informally with designated
personnel empowered to correct incorrect charges, prior to requiring a water
utility providing water service to a delinquent user to discontinue service until
payment of all overdue user fees and penalties are received by the
municipality.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond,
Indiana, that the following subsection of Chapter 53.18 of Richmond Code shall be amended
to read as follows:
53.1 S BILLING AND COLLECTION
Bills shall be prepared and collected by the Richmond Sanitary District in its normal course
of business operations. The Richmond Sanitary District may conduct any portion or portions
of such operations by its powers to contract, as its Board of Commissioners sees fit.
In accordance with Indiana Code 36-9-25-11.5, or as hereinafter amended, water service may
be terminated for failure to pay rates and charges for the discharge of liquid waste into the
facilities of the Sanitary District of the City of Richmond pursuant to the following procedure
for the resolution of disputed sewer bills, which includes an opportunity for a delinquent user
to meet informally with designated personnel empowered to correct incorrect charges:
When a sewer customer disputes a particular sewer bill, The Sanitary District of the
City of Richmond will not request termination of water service for nonpayment of
said bill so long as the sewer customer:
1) Pays the undisputed portion of the sewer bill or an average bill for the sewer
customer for the period involved;
2) Pays all future periodic sewer bills by the due date; and
3) Enters into a bona fide discussion with designated personnel of the City Finance
Department to settle the dispute.
If agreement cannot be reached on settlement of the disputed sewer bill in accordance
with the procedure set forth above, the sewer customer may register his or her dispute
in writing with the Board of Sanitary Commissioners, whose decision shall be final.
Payment of a disputed bill and penalties by a user does not constitute a waiver of
rights to subsequently claim and recover from the City of Richmond, Indiana sums
improperly charged to the user.
Passed and adopted this 15th day of October 2012, by the Common Council of the City of
Richmond, Indiana.
A'
(Karen Chasteen, IAMC, MMC)
' President
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2
PRESENTED to the Mayor of the City of Richmond, Indiana, this W, day of October, 2012,
at 9:00 a.m.
(Karen Chasteen, IAMC, MMC)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 16th day
of October, 2012, at 9:05 a.m.
!;�=lw / A4g,MaYor
(Sarah L. Hutton)
ATT
(Karen Chasteen, IAMC, MMC)