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Home My Public Portal About009-1984- AMENDED ORDINANCE - ORDINANCE TO APPROVE USER RATES AND CHARGES FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITYAMENDED ORDINANCE NO. 9-1984 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA. WHEREAS, The Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana, have by resolution proposed rates and charges to be imposed on persons, as there- in defined, to be permitted tb discharge, for the collection, treatment and disposal of liquid wastes or sewage into the Publicly Owned Treatment Works (POTW) and all appurtenance and sewers attached thereto owned by .the Richmond Sanitary District and have caused to be held a public hearing at which all the users of the sewage treatment facilities and owners of the property served or to be served and others interested had an opportunity to be heard concerning the proposed rates and charges, notice of said hearing setting forth the proposed schedule of such rates and charges having been given as pro- vided by law (I.C. 36-9-25-11) and said resolution, after such hearing being confirmed by the Board of Sanitary Commissioners; and, WHEREAS, the approval of the Common Council of the City is required by I.C. 36-9-25-11 prior to the imposition of such user charges for certain classes of users of the Publicly Owned Treatment Works (POTW). WHEREAS, said Board of Sanitary Commissioners has submitted its request to the Common Council of the City of Richmond to approve by Ordinance said rates and charges as set out in said Resolution No. 2-1984 to be imposed upon the users of said Publicly Owned Treatment Works (POTW) as required by I.C. 36-9-25-11. WHEREAS, General Ordinance NO. 49-1981 adopted by the Common Council on November 16, 1981, is hereby rescinded and repealed. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: SECTION 1. That the Common Council of Richmond, Indiana, after inves- tigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Pub- licly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benifit to the people of said City of Richmond, Indiana. SECTION 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 2-1984 of the Richmond Sanitary District, set out in Exibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Treatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto. SECTION 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution NO. 2-1984 of the Board of Sanitary Commissioners of the Richmond Sanitary District. SECTION 4. That it shall be unlawful for any person, partnership, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 2-1984 of the Rl&mond Sanitary District, Exhibit "A" hereof. AMENDED ORDINANCE NO. 9-1984 Page 2 SECTION 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be sub- ject to a fine of not less than Fifty Dollars (50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction. SECTION 6. That each day in which a violation accurs shall be a separate violation of this Ordinance. SECTION 7. That the Richmond Sanitary District shall enforce the pro- visions of said Resolution No. 2-1984 of the Board of San- itary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to: a. a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond; b. by disconnecting the property owned or controlled by property owner (user); c. by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system of sewer wastes by the prop- erty owner (user); and, d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each such owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law. SECTION 8. That this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Commiss- ioners without the approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distribu- tion of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District. SECTION 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be appli- cable for usage occuring on or after the effective date and shall not be retroactive. SECTION 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain if they are fair and equitable and if they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities. AMENDED ORDINANCE NO. 9-1984 Page 3 PASSED AND ADOPTED by Common Council of the City of Richmond, Wayne County, Indiana this day of yJh , 1984. President of Contfon Council ATTEST: CityUl.erk PRESENTED by me to the Mayor of the City of Richmond, Indiana this / 9 day of `22a--4- l� , 1984. City C1 rk APPROVED by me,. Frank H. Waltermann, Mayor of the City of Richmond, Indiana this / q d day of , 1984. Mayor ATTEST: City C erk ORDINANCE NO. 9-1984 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA. WHEREAS, The Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana, have by resolution proposed rates and charges to be imposed on persons, as therein defined, to be permitted to discharge, for the collection, treatment and disposal of liquid wastes or, sewage into the Publicly Owned Treatment Works (POTW) and all appurtenance and sewers attached thereto owned by the Richmond Sanitary District and have caused to be held a public hearing at which all the users of the sewage treatment facilities and owners of the property served or to be served and others in- terested had an opportunity to be heard concerning the proposed rates and charges, notice of said hearing setting forth the proposed schedule of such rates and charges having been given as provided by law (I.C. 36-9-25-11) and said resolution, after such hearing being confirmed by the Board of Sanitary Commis- sioners; and, WHEREAS, the approval of the Common Council of said City is required by I.C. 36-9-25-11 prior to the imposition of such user charges for certain classes of users of the Publicly Owned Treatment Works (POTW). WHEREAS, said Board of Sanitary Commissioners has submitted its request to the Common Council of the City of Richmond to approve by Ordinance said rates and charges as set out in said Resolution -No. 2-1984 to be imposed upon the users of said Publicly Owned Treatment Works (POTW) as required by I.C. 36-9- 25-11. WHEREAS, General Ordinance No. 49-1981 adopted by the Common Council on November 16, 1981, is hereby rescinded and repealed. NOW THEREFORE; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND INDIANA: 1. That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana. 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 2-1984 of the Richmond Sanitary District, set out in Exhibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Treatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto. 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution No. 2-1984 of the Board of Sanitary Commisioners of the Richmond Sanitary District. 4. That it shall be unlawful for any person, parner- ship, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 2-1984 of the Richmond Sanitary District, Exhibit "A" hereof. 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction. 6. That each day in which a violation occurs shall be a separate violation of this Ordinance. 7. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 2-1984 of the Board of Sanitary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to: a. -a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond; b. by disconnecting the property owned or controlled by property owner (user); c, by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system of sewer wastes by the property owner (user); and, d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each such owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law. 8. That this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Com- missioners without the approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commisioners of the Richmond Sanitary District in order to achieve the fair and equitable distribution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District. 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain if they are fair and equitable and if they are adequate to cover the cost of operation, maintenance and replacement of the Waste- water Treatment Facilities. PASSED AND ADOPTED by the Common Council of the City of Richmond, Wayne County, Indiana this _day of 11984. P e i ent Co on Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of , 1984. City Clerk APPROVED by me, Frank Waltermann, Mayor of the City of Richmond, Indiana this day of , 1984. Mayor ATTEST: City Clerk NOTICE OF HEARING ON ORDINANCE NO. 9-1984 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 5th day of March, 1984 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building on Ordinance No. 9-1984 - AN ORDINANCE TO APPROVE USER RATES AND CHARGES,. FOR THE ➢ISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA. All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance. Publish Date: February 24, 1984 Mary Metvchanthouse City Clerk Delivered by��, Received by 4�/i'c ti ✓� Date Received Inv.# 002171 Fo?m Prescribed by State Board of Accounts General Form No. " P (Rev. IMT)- City Clerk_City of Rcichmond To .................. Palladium Publishing Corporation ......Dr. (Governmental Unit) 1175 North A Street ........... Wayn?........ County, Indiana • ....'.]AC4z? 0Fdo. 14iAFA 47371...... . PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent tines ................ 3 Head —number of lines ................ 21 Body —number of lines ................ 2 Tail —number of lines ................ 26 Total number of lines in notice ................ COMPUTATION OF CHARGES 26 one 26 ......lines, ...............columns wide equals ............... equivalent ... . 6 2..... lines at ....! ..cents Der line $..... Additional charge for notices containing rule or tabular work 150 ner cent of above amount) ................ Charge for extra proofs of publication (50 cents for each proof in excess of two) ................ S . 62 TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions'.1 ..... Size of type 6 point Size of quad upon which type is cast ........ Pursuant to the provisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claZ legally due, after allowing all rust credits, and that no part of the same has been paid. ...... " ".00 . Date: .................. Feb..2`. ..., 19...84. Tfue.......Cashier PUBLISHER'S AFFIDAVIT State. of Indiana ) ss .......Wayne .......County) Personally appeared before me, a notary public in and for said county and'state, Paul D. Higgs the undersigned.....................................................................who, Business Manager being duly sworn, says that ...he is. ........ I ............... of the...... Palladium -Item .......................... a ...... Dailyj .............. newspaper of general circulation printed and published in the English language in the Richmond, Ittdlam_ „ , • •, • , , , , • ............in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for. �...time..., the dates of publication being as follows: Ik?. 24...19Ea........ .. ......................................... 24th February 84 Subscribed and sworn to befoye s. ...... day of....... 19.... - otary Public '1's'Ia TI ""Jary 4 Mycommission expires......... .............................. PUBLICATION OF NOTICE Public notice is hereby made by the City Clerk of the City of Richmond, Indiana of the adoption and passage of Amended Ordinance No. 9-1984, AMENDED ORDINANCE NO. 9-1984 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA. SUMMARY BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to dis- charge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benifit to the people of said City of Richmond, Indiana. That the Common Council of the City of Richmond, Indiana finds Resolu- tion No. 2-1984, as amended, of the Richmond Sanitary District, set out in Exibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Treatment Works (POTW), of the cost of operating, maintaining, re- placing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto. 3. That said Common Council of the City of Richmond, Indiana does here- by approve Ordinance of said Common Council Resolution No. 2-1984, as amended, of the Board of Sanitary Camissioners of the Richmond San- itary District_ That it shall be unlawful for any person, partnership, firm or corp- oration to discharge waste into the sewer system owned and operated by the Richmond Sanitary District', of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution NO. 2-1984, as amended, of the Richmond Sanitary District, Exibit "A" hereof. 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction. That each day in which a violation occurs shall be a separate violat- ion of this Ordinance. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 2-1984, as amended, of the Board of Sanitary Com- missioners of the Richmond SanitaryDistrict by any of the legal met- hods, which methods shall include:but not be limited to: a. a civil action for debt brought by the Richmond Sanitary District in the name of'the 'City of Richmond; b. by disconnecting the property owned or controlled by prop- erty owner (user); c. by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system wastes by the property owner (user); and, d. by the City Controller; after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each such owner (user) of a parcel of real estate to the.County Auditor and amount of charges due frdm.such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from the owner (user) of a parcel of Page 2 real estate as provided by law. That this Ordinance approves certain sections which set user rates and user 'charges for certain user classes which users may have their rates determined by the Board of Sanitary Commissioners without the approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users ',and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Santiary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distrib- ution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District. 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be applicable for usage occuring on or after the effective: date and shall not be retroactive. 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biemial reveiw to be made of the user charge and its rates to ascertain if they are fair and equitable and if they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities. A copy of this Ordinance and a copy of Resolution No. 2-1984, as amended, incorporated in said Ordinance by reference, are on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the office of the Richmond Sanitary District, 2380 Liberty Ave- nue, Richmond, Indiana; and this Ordinance and said Resolution, as amended, are made and are a part of the Municipal Code of the City of Richmond, Indiana which code is on file in the office of the City Clerk of the City of Richmond, 50 North 5th Street, Richmond, Indiana and at the office of the Richmond Santiary District, 2380 Liberty Avenue, Richmond, Indiana. Mary Merchanthouse City Clerk PUBLISH: DELIVERED March 23, 1984 and March 30, 1984 RECEIVED BY: ,� DATE RECEIVED: J1a,21—Y