HomeMy WebLinkAbout2009-OR-43BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
ORDINANCE N0.2009-OR- 43
AN ORDINANCE REPEALING ORDINANCE
NOS. 2004-OR-46 AND 2004-OR-63 AND ESTABLISHING
SEWER RATES AND SEWER CAPACITY FEES
WHEREAS, the City of Jeffersonville ("City") has heretofore constructed and has
in operation a sewage works for the purpose of collecting and disposing of sewage in a
sanitary manner; and
WHEREAS, the existing sewage rates and charges were established in Ordinance
No. 2004-OR-46; and
WHEREAS, the City is required to significantly invest in capital improvements
for its sewage works to achieve compliance with obligations in the City's Consent
Decree that was entered by the United States District Court for the Southern District of
Indiana in addition to other initiatives including the expansion of the existing
wastewater treatment plant to treat additional wet weather flow, the increase of the
capacity of the Tenth Street Lift Station both of which will reduce the frequency and
duration of the presently untreated combined sewer overflows which discharge to the
Ohio River and Cane Run; and
WHEREAS, the City is required to provide sewer service to the recently annexed
areas of the City which are currently on individual sewage disposal systems; and
WHEREAS, the City will be required to borrow funds to finance the capital
improvements to the sewage works; and
WHEREAS, H. J. Umbaugh & Associates, Certified Public Accountants, LLP
("Umbaugh") has been engaged by the City to prepare a rate study for the City's sewage
works; and
WHEREAS, based on the Umbaugh rate study, the Common Council of the City
("Council") finds that it is necessary to increase the sewage rates and charges in five
phases as set forth in this ordinance; and
WHEREAS, the City maintains a capital improvement account in its sewer fund
to provide for major repair and replacement of the wastewater treatment facility and
collection system; and
WHEREAS, the City's existing sewer tap fees are set forth in Ordinance No.
2004-OR-63 and are the primary source of the capital improvement funds; and
WHEREAS, the existing tap fees are established for and based upon different
classes of users; and
WHEREAS, it appears that the existing sewer rates and tap fees are inadequate
to provide the necessary capital for future repair, expansion and replacement of the
City's wastewater treatment facilities and collection systems; and
WHEREAS, the Council has authorized Umbaugh to prepare a study of the
sewer tap fees and projected revenue; and
WHEREAS, the Umbaugh study indicates that the sewer tap fees should be
based upon equivalent dwelling units ("EDUs"); and
WHEREAS, the Common Council of the City of Jeffersonville believes that it is in
the best interest of the citizens to fairly spread the cost of capital repairs and
replacement of the wastewater treatment facilities and collection systems among those
whose use taxes the wastewater treatment facilities and collection systems' capacity;
and
WHEREAS, the Council finds that it is necessary to revise its schedule of sewer
tap fees according to usage based upon EDUs and rename such fee as a sewer capacity
fee; and
WHEREAS, the Council has been advised that all proper notices have been given
to permit the Council to amend, by the adoption of this ordinance, the City's existing
sewage rates and charges and sewer tap fees;
NOW THEREFORE, BE IT HEREBY ORDAINED that the existing provisions of
ORDINANCE No. 2004-OR-46 hereby repealed and replaced by the following
provisions:
(a) Metered Water Users:
The sewage rates and charges shall be based on the quantity of water used on or
in the property or premises subject to such rates and charges, as the same is measured
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by the water meter there in use, subject to a minimum charge, except as herein
otherwise provided. For the purpose of billing and collecting the charges for sewage
service, the water meters shall be read periodically, either monthly or such other period
as is established by the Board of Public Works. The water usage schedule on which the
amount of said rates and charges shall be determined is as follows:
Phase I Phase II Phase III Phase IV Phase V
Effective Date (Ord. (1/1/2012) (1/1/2013) (1/1/2014) (1/1/2015)
Adoption)
All Users
Metered
Consumption:
Monthly Rate
per 100 Cubic
Feet
First 1,000 $6.96 $7.63 $8.36 $9.16 $10.05
Cubic Feet
Next 6.48 7.10 7.78 8.53 9.36
10,000 Cubic
Feet
Over 5.98 6.55 7.18 7.87 8.63
11,000 Cubic
Feet
Minimum 24.15 26.48 29.01 31.79 34.87
Charge Per
Month:
(b) Unmetered Water Users:
For single family residential users of the sewage works that are unmetered water users
or for whom accurate meter readings are not available, the monthly charge shall be
determined as an average of single family dwelling units, except as herein provided.
Sewage service bills shall be rendered once each month. The rate shall be as follows:
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Phase I Phase II Phase III Phase IV Phase V
Effective Date (Ord. (1/1/2012) (1/1/2013) (1/1/2014) (1/1/2015)
Adoption)
Single $50.39 $55.24 $60.53 $66.32 $72.76
family
residential
users
NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that the existing
provisions of ORDINANCE No. 2004-OR-46 are hereby repealed and replaced by the
following provisions:
(a) Normal domestic waste strength sewage should not exceed a biochemical
oxygen demand of 235 milligrams per liter of fluid, suspended solids in
excess of 240 milligrams per liter of fluid or ammonia nitrogen in excess of
15 milligrams per liter of fluid. Additional charges for treating stronger-
than-normal domestic waste shall be made on the following basis:
(1) Rate Surcharge Based Upon Suspended Solids
There shall be an additional charge of 30 cents per pound of
suspended solids for suspended solids received in excess of 240
milligrams per liter of fluid.
(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of 30 cents per pound of
biochemical oxygen demand for BOD received in excess of 235
milligrams per liter of fluid.
(3) Rate Surcharge Based Upon NH3N
There shall be an additional charge of $1.90 per pound of ammonia
for NH3N received in excess of 15 milligrams per liter of fluid.
NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that the existing
provisions of ORDINANCE NO. 2004-OR-63 and the corresponding provisions of
Section 50.51 of the Jeffersonville Municipal Code are hereby repealed and substituted
for a new formula for calculating the sewer tap fee and renaming the fee as the sewer
capacity fee all as follows:
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Prior to the issuance of a building permit for any new structure, a sewer capacity
fee shall be levied against a user connecting to the City's sewage works. Said capacity
fee shall be calculated as follows:
1. January 1, 2010 -December 31, 2010: One thousand five hundred dollars
($1,500.00) per Equivalent Dwelling Unit.
2. January 1, 2011 -December 31, 2011: Two thousand four hundred dollars
($2,400.00) per Equivalent Dwelling Unit.
3. Beginning on January 1, 2012 and continuing thereafter, prior to the issuance
of a building permit for any new structure, a sewer capacity fee of three
thousand three hundred dollars ($3,300.00) per Equivalent Dwelling Unit
(EDU) shall be levied against a user connecting to the City's sewage works.
A single family residential connection shall equal one (1) EDU. All other
connections shall pay a sewer capacity fee based on the EDUs allocable to the
classification of the user connecting to the sewage works. The capacity fee shall be
nonrefundable and may only be refunded at the direction of the Director of the City's
Wastewater Department.
Existing Single Family Residential Structures. Existing single family residential
structures within the City of Jeffersonville that are not currently connected to the City's
sewage works shall pay a capacity fee of one thousand five hundred dollars ($1,500.00),
regardless of the time the user connects to the City's sewage works.
Calculation of Sewer Capacity Fee. The sewer capacity fee shall be calculated as
follows.
Connection Fee =Number of EDUs x Rate per EDU.
The number of EDUs shall be calculated by the Average Daily Flow (ADF) for
the proposed connection as set forth in the latest standards as approved by the City of
Jeffersonville Sanitary Sewer Board which provide the design and construction
standards for lateral connections and sanitary sewer facilities constructed within the
City of Jeffersonville Service Area.
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A sewer tap inspection fee of one hundred dollars ($100.00) shall be levied
against a user connecting to the City's sewage works. The Sewer Tap Inspection Fee
shall be paid prior to the lateral connection is made to the City of Jeffersonville sanitary
sewer facilities as required in the Sanitary Sewer Construction Standards.
NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that the Phase I
rates and charges and the sewer tap fees as herein set forth shall become effective on the
first full billing period occurring after the adoption of this ordinance; the rates and
charges for Phases II, III, IV and V shall become effective on the dates set forth herein.
Passed this ~ day of fiJ..~e~rn.~GPiy 2009.
ATTEST:
~~!~
Peggy ilder, Clerk-Treasurer
Connie Sellers, President
City of Jeffersonville Common Council
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville,
Indiana this ~.~ day of ~~~~ , 2009.
Pegg ilder, Clerk-Treasurer
This ordinance approved and signed by me this ~ 3'"~ day of
(~~4=e,+-~.~-~ , 2009.
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