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Home My Public Portal About001-1994 - SPECIAL ORDINANCE TO CLARIFY THE ESTABLISHMENT OF THA SPECIAL ORDINANCE TO CLARIFY THE ESTABLISHMENT OF THE SANITARY DISTRICT OF THE CITY OF RICHMOND, TO APPROVE 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 TO ESTABLISH 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 WHEREAS, on February 4, 1992, this Council adopted Ordinance No. 1-1992, which established the Revised Code of General Ordinances for the City of Richmond, Indiana, and recodified all ordinances by and for the City of Richmond, Indiana, which recodification included the ordinance which created and established the Sanitary District of the City of Richmond under Indiana Code 36-9-25-1 et sea.; and WHEREAS, said Ordinance No. 1-1992 created a Board of Sanitary Commissioners in relation to the Department of Public Works, Sanitation and Aviation; and WHEREAS, it is and at all times since the creation and establishment of the Sanitary District of the City of Richmond, by Ordinance signed into law on August 2, 1983, has been the intent of this Council that the Sanitary District of the City of Richmond be and is established under Indiana Code 36-9-25-1 et sea.; and WHEREAS, Indiana Code 36-9-25-1 et -sea. applies to each second class city in which the legislative body has adopted Indiana Code 36-9-25-1 et sea. by ordinance; and WHEREAS, the Sanitary District of the City of Richmond has been created and established by Ordinance since 1983 and it is the intent of this Council that the Sanitary District of the City of Richmond continue to be established under Indiana Code 36-9-25-1 et sea•; and WHEREAS, the Sanitary District of the City of Richmond has executed the attached agreement with Indiana -American Water Company, Inc. ("Indiana -American"), for the performance of billing, revenue collection, debt collection and general operation services related to the collection of user rates and charges for the discharge of liquid waste in the facilities of the Richmond Sanitary District of the City of Richmond, Indiana (the "Agreement"); and WHEREAS, said Agreement is subject to the approval of this Council; and WHEREAS, pursuant to said Agreement, Indiana -American is to terminate water service under certain enumerated circumstances for the failure to pay rates and charges for the discharge of liquid waste in the facilities of the Sanitary District of the City of Richmond; and WHEREAS, before water services may be terminated for the failure to pay such rates and charges owed to the Sanitary District of the City of Richmond, a procedure must first be established by Ordinance for the review of disputed sewer bills which includes an opportunity for a delinquent user to meet informally with designated personnel empowered to correct incorrect charges; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA: Section 1. The City of Richmond has created and established by Ordinance signed into law en August 2, 1983, the Board of Sanitary Commissioners of the Sanitary District of the City of Richmond, Indiana; it has been the intent of this Council that the Board of Sanitary Commissioners of the Sanitary District of the City of Richmond continue to exist under Indiana Code 36-9-25-1 et sea and be governed by the provisions of such statute; it has further been the intent of this Council that the provisions of Indiana Code 36-9-25-1 et sea. be adopted by ordinance and this Council hereby reaffirms such adoption and ratifies and adopts all prior actions taken by the Board of Sanitary Commissioners of the Sanitary District for the City of Richmond. Section 2 This Council, after investigation and consideration finds that the Agreement, which is attached hereto, is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana, and that two copies of the Agreement are on file in the office of the Clerk of this Council for public inspection in compliance with I. C. 36-1- 5-4. Section 3. This Council finds the Agreement is a just and equitable agreement. Section 4. This Council further finds it is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana for water services to be terminated under the conditions specified in said Agreement for the failure to pay rates and charges for the discharge of liquid waste into the facilities of the Sanitary District of the City of Richmond; this Council hereby establishes the following procedure for the resolution of disputed sewer bills, which includes the 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, Indiana -American will not terminate 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 Indiana -American 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. Section 5, This Council hereby approves the use of electronic fund transfers by Indiana -American for the deposit of funds to the Sanitary District of the City of Richmond pursuant to Indiana Code 5-13-5-5. Section 6. This Council hereby approves the Agreement and the procedures outlined thereunder. Section 7. This ordinance shall be in full force and effect upon adoption and compliance with I. C. 36-4-6-14(a). his �� day of &N), 1994, by the Common Council Passed and adopted t y of the City of Richmond, Indiana. L?�esident arty arker) Attest: , City Clerk (Norma Carnes) Presented to the Mayor of Richmond, Indiana, this _ _ day of i�y A��Y , 1994, at 9:00 a.m. A City Clerk (Norma Carnes) Approved by me, Roger Cornett, Mayor of the City of Rich I ana, this day of pv-N 1994, at 9:05 a.m. i Mayor (Obje-FCornett) Attes A -� , City Clerk (Norma Carnes) POSITION OF ORDINANCE NO. _I -199? DISPOSITION RESOLUTION NO. -1 99 -^ by Common Council Ordinance No. Resolution No. Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date I Susp. rules Ist read Title only ----------------- ----- --------...- --. ..--•- ---- ------ ---- -- -- Proof of Publicaton Seconded Move to Znd read .........••-'�-_ Seconded Engrossment --------------•--- ------ ------ Seconded Susp rules 3rd read Seconded Passage ✓ ✓ ✓ . v ............................. •----- --O R- --------------- ----------... Rejection Date Passed i Z� COMMITTEE ASSI NME S: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: