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HomeMy Public PortalAbout049-1981 - Rates for the Richmond Sanitary DistrictAMENDED GENERAL ORDINANCE NO. 49-1981 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQTJID WASTES IN THE FACILITIES OF THE RICFIMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA TO BE I11POSED BY T13E 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 ?corks (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 provided by law U.C. 19-2-14-4) and said resolution, after such hearing; being confirmed by the Board of Sanitary Commissioners; and, WHEREAS the approval of the Common Council of said City is required by I.C. 19-2-14-4 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. 7 -- to be imposed upon the users of said Publicly Owned Treatment Works (POTW; as required by I.C. 19-2-14-4. 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. Seven (7) 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 (PO M ), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly O,m.ed Treatment Works (POTtd) 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. Seven (7) of the Board of Sanitary Commissioners of the Richmond Sanitary District, as amended. 4. That it shall be unlawful for any person, parnership, 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. Seven (7) 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 M 0.00) nor more than One Thousand Dollars (V ,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. Seven (7) 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: -2- (a) a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond; (b) by disconnectinU the property owned or controlled by property owner (user); (c) by obtaining an injunction ajainst 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 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 for 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 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 P,ayor 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 wastewater 'Treatment Facilities; except for one year after commencing of the user charge that there be a one year review by Council of the income and revenue of the Sanitary District under the rates approved in this Ordinance. -3- PASSED AND ADOPTED by the Common Council o the City of Richmond, Wayne County, Indiana this _day of %'A , 1981. President of Common Council i ATTEST: City Clerk PRESENTFf by me to the Mayor of the City of Richmond, Indiana this day of /l, 1. , 1981. City Clerk APPROVED by me, ClifPrd J. Dickman, Mayor of the City of Richmond, Indiana this day of Mayor" ATTEST: Cite Clerk -4 -