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HomeMy Public PortalAbout3270-1977 - AMEND ORDINANCE 2858-1973 REGULATING SEWERS AND WASTE TREATMENT FOR THE SANITARY DISTRICT AND IMPOSING PENALTIES FOR THE VIOLATIONF AMENDED ORDINANCE NO. 3270-1977 AN ORDINANCE TO AMEND ORDINANCE NO. 2858-1973 REGULATING SEWERS AND WASTE WATER TREATMENT FOR THE RICHMOND SANITARY DISTRICT OF RICHMOND, INDIANA, AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Common Council of the City of Richmond, Indiana recog- nizes that the cost of making a sewer tap has increased. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA: SECTION 1. That Ordinance No. 2858-1973, Section 2, 202, paragraph one, which now reads: "202. Requirements for Connection to Public Sewers.. No owner or occupant of any real property shall tap or drain either . directly into any public sewer until a sewer tap permit has been obtained. Permits shall be obtained from the Office of the Sani- tary District Superintendent and shall be issued only to sewer tap contractors, licensed by the City of Richmond, who shall pay to the Sewage Utility a fee of twenty five dollars ($25.00) for each tap permit. When a permit has been granted, the Sewer Engineer shall, when possible designate the position or location of the appropriate "Y" branch," be and hereby is amended to read: "202.`'Requirements for Connection to Public Sewers. No owner or occupant of any real property shall tap or drain either directly or indirectly into any public sewer until a sewer tap permit has been obtained. Permits shall be obtained from the Office of the Sanitary District Superintendent and shall be issued only to sewer tap contractors, licensed by the City of Richmond, who shall pay to the Sewage Utility a fee of ($50.00) for each tap permit¢ When a permit has been granted, the District Superintendent or his -agent shall designate the position or location of the appro- priate "Y" branch." SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval and publication as by law required. - 2 - PASSED and ADOPTED by the Common Council df the City of Richmond, Indiana, this day of 1977. Q— a-0—b— " �'L President of Common Council ATTEST: Cit--Clerk PRESENTED by me ;to the Mayor of the City of Richmond, Indiana this day of - e�..�. 1977. City Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana this day of 1977. Mayor ATTEST: City Clerk { 4 E MEMORANDUM The enclosed copies of I.C.19-2-5-19 1975 will explain why charges for anything over a 6" tap was not defined. According to this statute, it is clearly a decision of Council ONLY what sewer tap charges should be and it may well be that Council would increase or decrease depending on the situation would be made, if any, for a special commercial tap. The Sanitary Department just does not seem to have the authority to set these charges. 19-2-5-19 [48-4319]. Collection of rates and charges priLo - pletion of works —Lands benefited—Determinatiou of rates and charges Pro rata construction costs.: —Connection charges. —Any city or town may bill and collect rates or charges for the services to be rendered after the contract for construction of the sewage works has been let and actual work commenced in an amount sufficient to meet the interest on the revenue bonds and other expenses payable prior to the completion of the works. The works shall be deemed to benefit every lot, parcel of real estate or building connected or to be connected with the sewer system of the city or town as a result of construction work under the contract unless found and directed otherwise by the common council or board of town trustees, and the rates or charges shall be billed and collected accord- ingly. The rates or charges may be fixed on any one [1] or any combination of the following bases as the common council or board of town trustees determines is necessary in order to establish just and equitable rates or charges: (1) a flat charge for each sewer connection; ' (2) the amount of water used on the premises; (3) the number and size of water outlets on the premises; (4) the amount, strength, or character of sewage discharged into the sewers; ' ,. (5) size of sewer connections ;V , separately for the cot owhether the f any of the ferty has acilities es oor lll f the works; required to pay (7) whether the property, although vacant or unimproved, because of its location in reference to a local or lateral sewer is served by its availability; Provided That the owner has been put on notice that a charge or assessment may be made to vacant lots for sewer availability by provision in duly recorded covenants and restrictions or deed re- strictions in the chain of title of his property; Provided, further, That such rate or charge shall reflect only the capital cost of the sewer and not the cost of operation and maintenance of the works; and (8) such other factors as the common council or board of trustees determines is additionally necessary in order to establish just and equitable rates or charges. The rates and charges need not be uniform throughout the sewer service area of the city or town for all users: The common council or board of town trustees shall have authority to exercise reasonable dis- cretion in adopting different schedules of rates and charges, or making classifications in schedules of rates and charges, based upon variations in the costs of furnishing the services (including capital expenditures required) to various classes of users or to various locations within the sewer service area of the city or town, or where there are variations in the number of users within various locations within the sewer service area of the city or town. If any city. or town constructs a sewer or sewers as a part of the construction of the works which are suitable for use as a local or lateral +. sewer by abutting or adjoining property, it may charge for the connec- tion on the basis of the pro rata cost of construction of a local or lateral sewer sufficient to serve the property. The body having charge of the. construction and operation of the sewage treatment or disposal project may approve or disapprove applications for the connections and fix the amount of the charge. Each property owner shall agree to pay for the connection in making application, and if payment is not. made as agreed, it shall constitute a lien on the property for which the- connection is made, enforceable in the manner provided for enforcement of other liens established bthis ter The proceeds of these and other cony nectioncharges may be handled as net revenues of the works, or as payment toward the cost of construction of the works, or as payment toward the cost of future improvements to the works as the common council or board of town trustees provides by ordinance. [Acts 1967, ch. 284, § 19, p. 903; 1975, P. L. 210, § 3, P. l Amendments. The 1975 amendment opinions of Attorney General. Sani- tarysubstituted the present third and fourth districts organized under this act paragraphs for the former third pars- possess the authority to implement user graph as set out in the bound volume; charges and industrial cost recovery sys- and in the present fifth paragraph sub- tems for federal grant funding of pub- stituted "chapter for "set" and substi- liely-owned sewage treatment works in tuted the present last sentence for one compliance with section 2 l Water which read: "The proceeds of the con- nection charges shall be handled as net pollution Control ont o pAct Amendments of 1972. revenues of the sewage works."