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
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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."