HomeMy WebLinkAbout2024-OR-73 (FAILED) Ordinance Repealing 2011-OR-73 and Establishing Sewer Rates and Capacity Fees BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
ORDINANCE NO. 2024-OR-13
AN ORDINANCE REPEALING ORDINANCE
2011-OR-73 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, sewage rates and charges have been established and modified in Ordinance No.
2011-OR-73; and
WHEREAS,2017-OR-31 sets forth the Sewer Use and Pretreatment requirements for the City of
Jeffersonville; 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 and in addition to other initiatives,
including the expansion of the existing wastewater treatment plant to treat additional wet weather flow
and the construction of the CSO Interceptor all of which is intended to 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 will be required to borrow funds to finance the capital improvements to the
sewage works; and
WHEREAS, Baker Tilly Municipal Advisors, LLC ("Baker Tilly") was engaged by the City to
prepare a rate study for the City's sewage works; 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 authorized Baker Tilly to prepare a study of the sewer capacity fees;
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 tax the wastewater treatment facilities
and collection systems' capacity; and
WHEREAS, the Common Council desires to amend prior ordinances to reflect a flow rate in
thousands of gallons;
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WHEREAS, the Common Council desires to implement an outside City rate for metered users,
excessive strength surcharges and Capacity Fees;
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 ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA that the existing provisions of 2011-OR-73, and any other
Ordinance pertaining to Sewer Rates or Tap Fees which are not listed above 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:
Section 1. Unless the context specifically indicates otherwise, the meaning of terms used in
this Ordinance shall be as follows:
(a) "Council" shall mean the Common Council of the City of Jeffersonville, or any duly
authorized officials acting on its behalf.
(b) "BOD" (or Biochemical Oxygen Demand) shall have the same meaning as defined in the
Sewer Use Ordinance.
(c) "Board" shall mean the Sanitary Sewer Board for the City of Jeffersonville.
(d) "Capacity Fee" shall mean the payment required to cover the cost of replacing the capacity in
both the sewer line serving the property and the City's wastewater treatment facility. This
charge applies to each single family residence and all equivalent dwelling units, i.e.
residential commercial, industrial, et seq.,
(e) "City" shall mean the City of Jeffersonville acting by and through the Council.
(f) "Collector sewer" — shall mean a sanitary sewer, eight inches minimum, which receives
sewage or wastewater from the individual service lateral sewer.
(g) "Debt service costs" shall mean the average annual principal and interest payments on all
outstanding revenue bonds or other long-term capital debt.
(h) "Equivalent Dwelling Unit (EDU)" shall mean the flow equivalent to a single family
residence situated upon a single lot and also the sewage contribution from that residence
being 310 gallons per day.
(i) "Excessive strength surcharges" shall mean an additional charge which is billed to users for
treating sewer wastes with an average strength in excess of"normal domestic sewage."
(j) "Industrial wastes" shall mean the wastewater discharges from industrial, trade or business
processes as distinct from employee wastes or wastes from sanitary conveniences.
(k) "NPDES (National Pollutant Discharge Elimination System) Permit" shall have the same
meaning as defined in the Sewer Use Ordinance.
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(I) "NH3-N" (or ammonia nitrogen) shall have the same meaning as defined in the Sewer Use
Ordinance.
(m)"Normal domestic sewage" (for the purpose of determining surcharges) shall mean
wastewater or sewer having an average daily concentration as follows:
BOD not more than 235 mg/L
S. S. not more than 240 mg/L
NH3--N not more than 15 mg/L
P not more than 25 mg/L
As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as
distinct from wastes from industrial processes.
(n) "Operation and maintenance costs" include all costs, direct and indirect, necessary to provide
adequate wastewater collection, transport and treatment on a continuing basis and produce
discharges to receiving waters that conform to all related Federal, State, and local
requirements. (These costs include replacement.)
(o) "Other service charges" shall mean charges, connection charges, area charges, and other
identifiable charges, other than User Charges, Capacity Charges, debt service charges and
excessive strength surcharges.
(p) "P"(or phosphorus)shall have the same meaning as defined on the Sewer Use Ordinance.
(q) "Person" shall mean any and all persons, natural or artificial, including any individual, firm,
company, municipal or private corporation, association, society, institution, enterprise,
governmental agency or other entity.
(r) "Replacement costs" shall mean the expenditures for obtaining and installing equipment,
accessories or appurtenances which are necessary during the useful life of the treatment
works to maintain the capacity and performance for which such works were designed and
constructed.
(s) "S. S."(or suspended solids)shall have the same meaning as defined in the Use Ordinance.
(t) "Shall" is mandatory; "May" is permissive.
(u) "Service lateral sewer" shall mean the branch from the collector sewer to the residence or
structure for the purpose of conveying sewage or wastewater from the property.
(v) "Sewage" shall have the same meaning as defined in the Sewer Use Ordinance.
(w)"Sewer Use Ordinance" shall mean a separate and companion enactment to this Ordinance
2017-OR-31, which regulates the connection to and use of public and private sewers.
(x) "User Charge" shall mean a charge levied on users of the wastewater treatment works for the
cost of operation and maintenance of such works.
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Section 2. For the use of and the service rendered by said sewage works, rates, and charges
shall be collected from the owners of each and every lot, parcel of real estate or building that is connected
with the City's sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other
liquids, either directly or indirectly, into the sanitary sewage system of the City of Jeffersonville. Such
rates and charges include User Charges, debt service costs, excessive strength surcharges and other
service charges, which rates and charges shall be payable as hereinafter provided and shall be in an
amount determinable as follows:
(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 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 Sanitary Sewer Board. The water usage schedule on which the
amount of said rates and charges shall be determined is as follows:
Effective Date Present
Inside City Users:
Metered Consumption:
(Monthly Rate per 1,000 Gallons)
First 7,480 Gallons $13.43
Next 74,800 Gallons $12.51
Over 82,280 Gallons $11.54
Minimum Charge Per Month*: $34.87
Effective Date xx/xx/xx**
Outside City Users:
Metered Consumption:
(Monthly Rate per 1,000 Gallons)
First 7,480 Gallons $15.38
Next 74,800 Gallons $14.32
Over 82,280 Gallons $13.21
Minimum Charge Per Month*: $39.93
*The minimum charge shall be applied to any existing structure or building connected to the City
of Jeffersonville sewer system regardless of whether it is occupied or not.
**The outside City users shall pay a 14.5% outside City surcharge from the effective date of this
ordinance for the water service date(water usage).
For the purpose of this Ordinance, the connection to the City of Jeffersonville sewer system shall
mean the point in which a service lateral or the newly constructed collector sewer(s) is connected to an
existing sanitary or combined sewer within the City of Jeffersonville Sewer System.
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(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:
Effective Date Present
Single family residential users
Inside City Users $72.76
Effective Date xx/xx/xx*
Single family residential users
Outside City Users $83.31
* The outside City users shall pay a 14.5% outside City surcharge from the effective date of
this ordinance.
(c) For the service rendered to the City of Jeffersonville, said City shall be subject to the same
rates and charges hereinabove provided, or to charges and rates established in harmony
therewith.
(d) In order to recover the cost of monitoring industrial wastes, the City shall charge the
industrial user the fees contained in the most recent Sewer Use and Pretreatment Ordinance
as adopted by the City Council.
Section 3. The quantity of water discharged into the sanitary sewage system and obtained
from sources other than the utility that serves the City shall be determined by the City in such manner as
the City shall reasonably elect, and the sewage service shall be billed at the above appropriate rates;
except, as is hereinafter provided in this section. The City may make proper allowances in determining
the sewage bill for quantities of water shown on the records to be consumed,but which are also shown to
the satisfaction of the City that such quantities do not enter the sanitary sewage system.
(a) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial
wastes, water or other liquids into the City's sanitary sewage system, either directly or
indirectly, is not a user of water supplied by the water utility serving the City and the water
used thereon or therein is not measured by a water meter, or is measured by a water meter not
acceptable to the City, then the amount of water used shall be otherwise measured or
determined by the City. In order to ascertain the rate or charge provided in this Ordinance,
the owner or other interested party, at his expense, may install and maintain meters, weirs,
volumetric measuring devices or any adequate and approved method of measurement
acceptable to the City for determining of sewage discharge.
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(b) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial
wastes, water or other liquids in the City's sanitary sewage system, either directly or
indirectly, is a user of water supplied by the water utility serving the City, and in addition, is a
user of water from another source which is not measured by a water meter or is measured by
a meter not acceptable to the City,then the amount of water used shall be otherwise measured
or determined by the City. In order to ascertain the rates or charges, the owner or other
interested parties, as his expense, may install and maintain meters, weirs, volumetric
measuring devices or any adequate and approved method of measurement acceptable to the
City for the determination of sewage discharge.
(c) In the event two (2) or more residential lots, parcels of real estate, or building discharging
sanitary sewage, water or other liquids into the City's sanitary sewage system, either directly
or indirectly, are users of water and the quantity of water is measured by a single water meter,
then in each such case, for billing purposes, a single bill shall be issued.
(d) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial
waste, water or other liquids into the City's sanitary sewage system either directly or
indirectly, and uses water in excess of thirty seven thousand four hundred (37,400) gallons
per month, and it can be shown to the satisfaction of the City that a portion of water as
measured by the water meter or meters does not and cannot enter the sanitary sewage system,
then the owner or other interested party shall, at his expense, install and maintain meters,
weirs, volumetric measuring devices or any adequate and approved method of measurement
acceptable to the City for the determination of sewage discharge.
(e) Where a metered water supply is used for fire protection as well as other uses, the City may,
in its discretion, make adjustments in the minimum charge and in the use charge as may be
equitable.
Section 4. In order that the rates and charges may reflect the costs of providing service
rendered to users, the City shall base its charges not only on the volume, but also the strength and
character of the stronger-than-normal domestic sewage and wastes which it is required to treat and
dispose of. The City shall require the user to determine the strength and content of all sewage and wastes
discharged, either directly or indirectly into the sanitary sewage system, in such manner and by such
method as the City may deem practicable in order to determine the proper charge. The user shall furnish
a central sampling point available to the City at all times.
(a) Normal domestic waste strength sewage should not exceed a BOD of 235 milligrams
per liter of fluid, S.S. in excess of 240 milligrams per liter of fluid, NH3-N in excess
of 15 milligrams per liter of fluid or P in excess of 25 milligrams per liter of fluid.
Additional charges for treating stronger-than-normal domestic waste shall be made
on the following basis:
Inside City Users:
(1) Rate Surcharge Based Upon S.S.
There shall be an additional charge of$0.30 per pound of suspended solids in
excess of 240 milligrams per liter of fluid.
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(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of $0.30 per pound of biochemical
oxygen demand for BOD received in excess of 235 milligrams per liter of
fluid.
(3) Rate Surcharge Based Upon NH3-N
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.
(4) Rate Surcharge Based Upon P
There shall be an additional charge of$0.99 per pound of phosphorus for P
received in excess of 25 milligrams per liter of fluid.
Outside City Users:
(1) Rate Surcharge Based Upon S.S.
There shall be an additional charge of$0.34 per pound of suspended solids
for S.S. received in excess of 240 milligrams per liter of fluid.
(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of $0.34 per pound of biochemical
oxygen demand for BOD received in excess of 235 milligrams per liter of
fluid.
(3) Rate Surcharge Based Upon NH3-N
There shall be an additional charge of$2.18 per pound of ammonia for NH3N
received in excess of 15 milligrams per liter of fluid.
(4) Rate Surcharge Based Upon P
There shall be an additional charge of$1.13 per pound of phosphorus for P
received in excess of 25 milligrams per liter of fluid.
(b) To determine the strength of the sewage and wastes, samplings and analyses shall be
made from time to time whenever it is deemed desirable by the City. After charges
have been established based upon the strength of sewage and wastes, the owner may
request reconsideration for these charges by the City by submitting analyses of
composite samples of the sewage and wastes subject to such charges, certified by a
registered engineer or a qualified graduate chemist. The City may then adjust the
charges to the Ordinance rates required by such analyses or may recheck the findings
by additional samplings and analyses.
The determination of S.S., Five-day BOD, NH3-N and P contained in the waste shall
be in accordance with the latest copy of"Standard Methods for the Examination of
Water, Sewage and Industrial Wastes," as written by the American Public Health
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Association, the American Water Works Association and the Water Pollution Control
Federation and in conformance with the most recent version of the 40 CFR Part 136.
(c) When the normal testing of industrial wastes justified more intensive monitoring the
City of Jeffersonville above and beyond the normal monitoring done by the City, the
costs of the extraordinary monitoring shall be paid by the industry. This charge will
be reviewed on the same basis as all other rates and charges in this Ordinance.
Section 5. Such rates and charges shall be prepared, billed, and collected by the City in the
manner provided by law and ordinance.
(a) The rates and charges for all users shall be prepared and billed monthly.
(b) The rates and charges shall be billed to the owner of each property served. Rates and
charges may be billed to the tenant or tenants occupying the properties served, only
when requested in writing by the owner, but such billing shall in no way relieve the
owner from the liability in the event payment is not made as herein required. The
owner of properties served, which are occupied by a tenant or tenants, shall have the
right to examine the collection records of the City for the purpose of determining
whether bills have been paid by such tenant or tenants, provided that such
examination shall be made at the office at which said records are kept and during the
hours that such office is open for business.
(c) As is provided by statute, all rates and charges not paid when due are hereby declared
to be delinquent and a penalty of ten percent (10%) of the amount of the rates or
charges shall thereupon attach thereto. The time at which such rates or charges shall
be paid is now fixed at seventeen(17)days after the date of mailing of the bill.
Section 6. The City shall maintain and enforce such by-laws and regulations as may be
deemed necessary for the safe, economical and efficient management of the City's sewage system,
pumping stations and sewage conveyance system, for the construction and use of house sewers and
connections to the sewage system, and for the regulation, collection, rebating and refunding of such rates
and charges.
Section 7. The invalidity of any section, clause, sentence, or provision of this Ordinance
shall not affect the validity of any other part of this Ordinance which can be given effect without such
invalid part or parts.
Section 8. Beginning on the effective date of this Ordinance, and continuing thereafter,
prior to the issuance of a preliminary plat, final plat or building permit for any new structure or
developments, a sewer Capacity Fee of four thousand nine hundred dollars ($4,900.00) per Equivalent
Dwelling Unit (EDU) shall be levied against an inside City user connecting to the City's sewage works
and a sewer Capacity Fee of five thousand five hundred dollars($5,500.00)per Equivalent Dwelling Unit
(EDU) shall be levied against an outside City user connecting to the City's sewage works as implemented
in Section 8(a)through(d):
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(a) Calculation of EDU.
1. Single Family Residence. A single family residential connection shall equal one (1) EDU
which is equal to 310 gallons per day(gpd).
2. Non-Residential Users. 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
number of EDUs shall be calculated by the Average Daily Flow (ADF) for the proposed
connection as set forth in the latest Construction Standards as adopted 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 or 327 IAC 3-6-11.
(b) Calculation of Sewer Capacity Fee. The sewer capacity fee shall be calculated as follows:
All Developments within the corporate limits of the City of Jeffersonville.
All Users: Capacity Fee=$4,900 per EDU.
Effective Upon Passage — New Developments or Structures Outside of the City, the
Capacity Fee=$5,500 per EDU
(c) Installment Payments for Proposed Multi-Structures. The Capacity Fee associated with new
multi-lot or multi-structure developments within the City of Jeffersonville sewer service area
may be paid in installments as follows:
(1) For proposed developments/projects in which the Person wants to reserve capacity for the
entire proposed development/project, the Person shall pay one-sixth (1/6th) of the
Capacity Fee attributable to the overall project or development at the time of the
approval of the preliminary plat or development plan. The Person shall pay another one-
sixth of the Capacity Fee upon approval of the final plat or development plan for a total
of one-third (1/3rd) of the total Capacity Fee for the EDUs attributable to the final plat or
development plan of the property. The City will, upon such payment, certify capacity for
those EDUs included in the final plat or development plan. The Person shall pay the
remaining two-thirds of the Capacity Fee at the time the building permit is applied for
and issued for each lot or property contained in the final plat or development plan.
(2) For proposed developments/projects in which the Person does not want to reserve
capacity, the Person shall pay one-third (1/3rd) of the total Capacity Fee for the EDUs
attributable to the final plat or development plan of the property. The City will not
certify capacity for any EDUs not included in the final plat but included in the
preliminary plat. The Builder shall pay the remaining two-thirds of the Capacity Fee at
the time the building permit is applied for and issued for the property contained in the
final plat.
(d) Previously Approved Projects. Where an individual connection to the sewer system
permitted prior to the effective date of this Ordinance is requested, the person requesting the
connection shall pay the entire Capacity Fee at the time the connection permit is requested
and the permit is issued.
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In all cases, Capacity Fees shall be nonrefundable and shall remain with the property or
improvement for which it was issued and applied.
All Capacity Fees collected after the date of passage of this Ordinance shall be placed in a
separate account named Capacity Fee Fund No. 635 and shall only be used to
(i) replace the capacity at the wastewater treatment facilities, or
(ii) increase the capacity of the collection system serving the wastewater treatment facilities.
Section 9 Inspection Fee. In addition to the Capacity Fee, a separate 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 making the lateral connection 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 rates and charges
and the Capacity Fees as herein set forth shall before effective on the first full billing period occurring
after the adoption of this Ordinance, the rates and charges for future Phases shall become effective on the
dates set forth herein.
VOTED FOR: VOTED AGAINST:
PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark County,
Indiana upon this day of , 2024.
Dustin White, President
ATTEST:
Lisa Gill, City Clerk
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COUNCIL ROLL CALL VOTES ao,99-0,e - '73 Th/rol 4- �1ng-,e Rh-A`,i.( /s)
COUNCIL MEMBER VOTE FOR VOTE AGAINST
Councilperson BURNS
Councilperson SEMONES K
Councilperson ANDERSON Y
Councilperson REED X
Councilperson WHITE
Councilperson WEBB
Councilperson HAWKINS
Councilperson SNELLING
Councilperson STONER X
PRESENTED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana upon this
day of , 2024.
Lisa Gill, City Clerk
SIGNED AND APPROVED by me upon this day of , 2024.
Mike Moore, Mayor
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BEFORE '1 lIE COMMON COUNCIL
FOR THE CITY OF .IEFFERSONV'ILLE
1ti THE STATE OF INDIANA
ORDINANCE NO. 2011-OR-73
AN ORDINANCE REPEALING ORDINANCE
NOS. 90-OR-60, 91-OR-50, 96-OR-72, 98-OR-26, 2004-OR-46,
2004-OR-63, AND 2009-OR-43 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, sewage rates and charges have been established and modified in Ordinance Nos.
90-0R-60, 91-OR-50, 96-OR-72,98-0R-26, 2004-OR-46. 2004-OR-6 and 2009-OR43: and
WHEREAS, 2010-OR-40 sets forth the Sewer Lsc and Pretreatment requirements for the City of
Jellcrsonville;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 h. the
United States District Court for the Southern District of Indiana and in addition to other initiatives.
including the expansion of the existing wastewater treatment plant to treat additional wet weather flow
and the increase of the capacity of the Tenth Street Lift Station all of which is intended to reduce the
frequency and duration of the presently untreated combined sewer overflows which discharge to the Ohio
River and Can Run;and
WHEREAS, the City is also 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 he required to borrow funds to finance the capital improvements to the
sewage works: and
WHEREAS, H. J. Umbaugh & Associates. Certified Public Accountants, LLP(--Umbaugh-t was
previously engaged by the City to prepare a rate study for the City's sewage works; and
Wh ERE:As, based on the Umbaugh rate study the Common Council of the City ("Counjcil")
enacted 2009-OR-43 to increase sewer rates and charges in five phases; 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 again authorized Umbaugh to prepare a study of the sewer tap fees and
projected revenue;and
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WHEREAS, the Umbaugh study indicates that the sewer tap fees should he based upon
equivalent dwelling units("UDU:s");and
WHEREAS, there are many prior ordinances addressing sewage works, rates and fees, the
number of which confuse the public; and
WHEREAS, the Common Council of the City of Jeffersonville believes that it is in the best
interest of the citicens 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 and desirable to revise its schedule of sewer
tap fees according to usage based upon EDUs. rename such fee as a sewer Capacity Fees, and repeal and
replace in their entirety all prior ordinances pertaining to sewer rates and charges; 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 ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF JE:FFE:RSONVILLE:, INI)IA\A that the existing provisions of ORI)I\A\CF. NOS. 90-OR-611.
9i-OR-50, %-OR 984)R-26, 2004-0R-63, already replaced by 2(09-OK-43. and any Littler
ordinance pertaining to Sewer Rates or lap Fees which are not listed above 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:
Section I. Unless the context specifically indicates otherwise, the meaning of terms used in
this Ordinance shall he as follows:
(a) "Council" shall mean the Common Council of the City of Jeffersonville, or any duly
authorized officials acting on its behalf.
(b) -'BOD" (or Biochemical Oxygen Demand) shall have the same meaning as defined in the
Sewer Use Ordinance.
(c) "Board' shall mean the Sanitary Sewer Board for the City of Jeffersonville_
(d) '`Capacity Fee" shall mean the payment required to cover the cost of replacing the capacity in
both the sewer line serving the property and the City's wastewater treatment facility. 4Fhis
charge applies to each single family residence and all equivalent dwelling units, i.e.
residential commercial, industrial,et seq.,
(e) "City" shall mean the City of ieffersonville acting by and through the Council.
(t) "Collector sewer" — shall mean a sanitary sewer, eight inches minimum, which receives
sewage or wastewater from the individual service lateral sewer.
(g) "Debt service costs" shall mean the average annual principal and interest payments ort all
outstanding revenue bonds or other long-term capital debt.
2
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(hi "Equivalent Dwelling Unit (EDU)" shall mean the flow equivalent to a single family
residence situated upon a single lot and also the swage contribution from that residence
being 3 I 0 gallons per day_
(i) "Excessive strength surcharges" shall mean an additional charge which is billed to users Ibr
treating sewer wastes with an average strength in excess of"normal domestic sewage."
(j) "Industrial wastes" shall mean the wastewater discharges from industrial, trade or business
processes as distinct from employee wastes or wastes from sanitary conveniences.
(k) "NPDFS (National Pollutant Discharge Elimination System) Permit" shall have the same
meaning as defined in the Sewer Use Ordinance.
(1) "NH3N" (or ammonia nitrogen) shall have the same meaning as defined in the Sewer Use
Ordinance.
(m)"Normal domestic sewage" (for the purpose of determining surcharges) shall mean
wastewater or sewer having an average daily entice nt rat ion as follows:
l3OF)not more than 235 mgil
S. S. not more than 240 myt
NI I3N not more than 15 mgii_
As defined by origin. wastewaters from segregated domestic andlor sanitary conveniences as
distinct from wastes from industrial processes.
(n) "Operation and maintenance costs" include all costs, direct and indirect, necessary to provide
adequate wastewater collection, transport and treatment on a continuing basis and produce
discharges to receiving waters that conform to all related Federal. State, and lineal
requirements. (These costs include replacement.)
(o) "Other service charges" shall mean charges, connection charges, area charges, and other
identifiable charges, other than User Charges. Capacity Charges, debt service charges and
excessive strength surcharges.
(p) "P"(or phosphorus)shall have the same meaning as defined on the Sewer Use Ordinance
(q) "Person" shall mean any and all persons, natural or artificial, including any individual, irm,
company, municipal or private corporation. association, society. institution, enterprise.
governmental agency or other entity.
(r) "Replacement costs" shall mean the expenditures for obtaining and installing equipment
accessories or appurtenances which are necessary during the useful life of the treatment
works to maintain the capacity and performance liar which such works were designed and
constructed.
(s) "S. S."(or suspended solids) shall have the same meaning as defined in the Use Ordinancx.
(t) "Shall" is mandatory;"May" is permissive.
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(u) "Service lateral sewer" shall mean the branch from the collector sewer to the residence or
structure for the purpose of conveying sewage or wastewater from the property.
(v) "Sewage" shall have the same meaning as defined in the Sewer Use Ordinance.
(w)"Sewer Ike Ordinance" shall mean a separate and companion enactment to this Ordinance
2010-OR--t0, which regulates the connection to and use of public and private sewers.
(x) "User Charge"shall mean a charge levied on users of the wastewater treatment works for the
cost of operation and maintenance of such works.
Section 2. For the use of and the service rendered by said sewage works, rates, and charges
shall he collected from the owners of each and every lot, parcel of real estate or building that is connected
with the City's sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other
liquids, either directly or indirectly, into the sanitary sewage system of the City of Jeffersonville. Such
rates and charges include User Charges, debt service costs, excessive strength surcharges and other
service charges, which rates and charges shall be payable as hereinafter provided and shall be im an
amount determinable as follows:
(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 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 Sanitary Sewer Board. The water usage schedule on which the
amount of said rates and charges shall be determined is as follows:
Effective Date Phase I Phase El Phase III Phase IV Phase V
(1• 1.2012) (1/112013) (1/112014) (111/2015)
All Users
Metered Consumption: 56.96 $7.63 S8.36 $9.16 $10.05
(Monthly Rate per 100 Cubic Feet)
First 1.000 Cubic Feet
\ext 10,000)Cubic Feet S6.48 $7.10 $7.78 $8.53 $9.36
Over 11,000 Cubic Feet 55.98 $6.55 $7.18 $7.87 $8.63
Minimum Charge Per Month*: $24.15 $26.48 $29.01 $31.79 $34.87
*-The minimum charge shall he applied to any existing structure or building connected to the
City ofJelTersonviIle sewer system regardless of whether it is occupied or not.
For the purpose of this Ordinance, the connection to the City of JetTrsonvillc sewer system shall
mean the point in which a service lateral or the newly constructed collector sewer(s) is connected to an
existing sanitary or combined sewer within the City of Jeffersonville Sewer System
(b) Unmetered Water llsers:
For single family residential users of the sewage works that are unmctcred water users or for whom
accurate meter readings are not available, the monthly charge shall be determined as an average of single
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family dwelling units, except as herein provided. Sewage service bills shall be rendered once each
month. The rate shall be as follows:
Phase ii Phase Ill Phase IV Phase V
Effective Date Phase I (I/1/2012) (l/1/2013) (1/1/2014) (I l Ol5)
Single family residential users $50.39 $55.24 $60.53 566.32 $72.76
(c) For the service rendered to the City of Jeffersonville, said City,. shall be subject to the same
rates and charges hereinabovc provided, or to charges and rates established in harmony
therewith.
(d) In order to recover the cost of monitoring industrial wastes. the City shall charge the
industrial user the fees contained in the most recent Sewer Use and Pretreatment Ordinance
as adopted by the City Council.
Section 3. fhe quantity of water discharged into the sanitary sewage system and obtained
from sources other than the utility that serves the City shall he determined by the City in such manner as
the City shall reasonably elect and the sewage service shall he pilled at the above appropriate rates;
except, as is hereinafter provided in this section. I he City may make proper allowances in determining
the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to
the satisfaction of the City that such quantities do not enter the sanitary sewage system.
(a) In the event a lot, parcel of real estate or building discharges sanitary sewage. industrial
wastes. water or other liquids into the City's sanitary sewage system, either directly or
indirectly, is not a user of water supplied by the water utility serving the City and the water
used thereon or therein is not measured by a water meter. or is measured by a water meter not
acceptable to the City, then the amount of water used shall be otherwise measured or
determined by the City. In order to ascertain the rate or charge provided in this Ordinance.
the ow tier or other interested party, at his expense, may install and maintain meters, weirs,
volumetric measuring devices or any adequate and approved method of measurement
acceptable to the City for determining of sewage discharge.
(b) In the event a lot. parcel of real estate or building discharging sanitary sewage, industrial
wastes, water or other liquids in the City's sanitary sewage system, either directly or
indirectly, is a user of water supplied by the water utility serving the City,and in addition, is a
user of water from another source which is not measured by a water meter or is measured by
a meter not acceptable to the City, then the amount of water used shall be otherwise measured
or determined by the City. In order to ascertain the rates or charges, the owner or other
interested parties, as his expense, may install and maintain meters. weirs, volumetric
measuring devices or any adequate and approved method of measurement acceptable to the
City for the determination of sewage discharge.
(e) In the event two (2) or more residential lots, parcels of real estate. or building discharging
sanitary sewage. water or other liquids into the City's sanitary sewage system, either directly
or indirectly, are users of water and the quantity of water is measured by a single water meter,
then in each such case, for billing purposes,a single bill shall be issued.
(d) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial
waste. water or other liquids into the City's sanitary sewage system either directly or
indirectly, and uses water in excess of live thousand (5,000) cubic feet per month. and it can
be shown to the satisfaction of the City that a portion of water as measured br the water
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meter ur meters does not and cannot enter the sanitary sewage system, then the owner ur
other interested party shall. at his expense, install and maintain meters. weirs. volumetric
measuring devices or any adequate and approved method of measurement acceptable to the
City for the determination of sewage discharge.
(e) Where a metered water supply is used for fire protection as well as other uses, the City may,
in its discretion. make adjustments in the minimum charge and in the use charge as may be
equitable.
Section 4. In order that the rates and charges may reflect the costs of providing service
rendered to users, the City shall base its charges not only on the volume, but also the strength and
character of the stronger-than-normal domestic sewage and wastes which it is required to treat and
dispose of. The City shall require the user to determine the strength and content of all sewage and wastes
discharged, either directly or indirectly into the sanitary sewage system, in such manner and by such
method as the City may deem practicable in order to determine the proper charge. 1 he user shall furnish
a central sampling point available to the City at all times.
(a) Normal domestic waste strength sewage should not exceed a BOD of 235 milligrams
per liter of fluid,S.S. in excess of 240 milligrams per liter of fluid or NH3N in excess
of 15 milligrams per liter of fluid. Additional charges for treating stronger-than-
normal domestic waste shall he made on the following basis:
(1 ) Rate Surcharge Based Upon S.S.
.1 here shall be an additional charge of 31)cents per pound of suspended solids
for S.S. 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 ROD received in excess of 235 milligrams per liter of
fluid_
(3) Rate Surcharge Based Upon NII3N
There shall be an additional charge of $1.90 per pound of ammonia for
NH3N received in excess of 15 milligrams per liter of tluid.
(h) To determine the strength of the sewage and wastes. samplings and analyses shall be
made from time to time whenever it is deemed desirable by the City. After charges
have been established based upon the strength of sewage and wastes, the owner may
request reconsideration for these charges by the City by submitting analyses of
composite samples of the sewage and wastes subject to such charges_ certified by a
registered engineer or a qualified graduate chemist. The City may then adjust the
charges to the Ordinance rates required by such analyses or may recheck the findings
by additional samplings and analyses.
I'he determination of 5.5., Five-day ROD and NI13N contained in the waste shall he
in accordance with the latest copy of "Standard Methods for the Examination of
Water, Sewage and Industrial Wastes." as written by the American Public Health
Association, the American Water Works Association and the Water Pollution Control
Federation and in conformance with the most recent version of the 40 CFR Part 1 6.
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(c) When the normal testing of industrial wastes justified more intensive monitoring the
City of Jeffersonville above and beyond the normal monitoring done by the C its. the
costs of the extraordinary monitoring shall he paid by the industry [his charge
he reviewed on the same basis as all other rates and charges in this Ordinance.
Section 5. Such rates and charges shall be prepared. pilled. and collected by the City in the
rnanrrer provided by law and ordinance.
(a) The rates and charges for all users shall be prepared and billed monthly.
(b) The rates and charges shall be pilled to the owner of each property served. Kates and
charges may he pilled to the tenant or tenants occupying the properties served, only.
when requested in writing by the owner, but such billing shall in no way relieve the
owner from the liability in the event payment is not made as herein required. The
owner of properties served, which arc occupied by a tenant or tenants, shall have the
right to examine the collection records of the City for the purpose of determining
whether bills have been paid by such tenant or tenants, provided that such
examination shall be made at the office at which said records are kept and during the
hours that such office is open for business.
(c) As is provided by statute. alI rates and charges not paid when due are hereby declared
to be delinquent and a penalty of ten percent (10%) of the amount of the rate or
charges shall thereupon attach thereto. The time at which such rates or charges shall
be paid is now fixed at seventeen(17)days after the date of mailing of the bill.
Section 6. The City shall maintain and enforce such by-laws and regulations as may be
deemed necessary for the safe, economical and efficient management of the City's sewage system,
pumping stations and sewage conveyance system, for the construction and use of house sewers and
connections to the sewage system,and for the regulation, collection. rebating and refunding of such rates
and charges.
Section 7. The invalidity of any section, clause. sentence, or provision of this Ordinance
shall not affect the validity of any other part of this Ordinance which can be given effect without such
invalid part or parts.
Section ff. Beginning on the effective date of this Ordinance, and continuing thereafter.
prior to the issuance of a preliminary plat, final plat or building permit for any new structure or
developments, 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 as follows:.
(a) Calculation of EDU.
I. Single Family Residence. A single family residential connection shall equal one(1 t I L?l.•
2. Non-Residential Users. All other connections shall pay a sewer capacity foe based on the
EDUs allocable to the classification of the user connecting to the sewage works. l'he
number of EDtJs shall be calculated by the Average Daily Flow (AM') 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 constnieted within the City of Jeffersonville
Service Area or 327 [AC 3-6-1 l.
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(b) Calculation of Sewer Capacity Fee. the sewer capacity fee shall be calculated as follows:
Capacity Fee=Number of EDI;s x$3,300 per EDU.
(c) Installment Payments for Proposed Multi-Structures. I he Capacity Fee associated with new
multi-lot or multi-structure developments within the City ofJellersonvillc sewer service area
may, he paid in installments as follows:
( I) For proposed developments/projects in which the Person wants to reserve capacity for the
entire proposed devclopmentlproject. the Person shall pay one-sixth (1:6") of the
Capacity Fee attributable to the overall project or development at the time of the
approval of the preliminary plat or development plan. The Person shall pay another one-
sixth of the Capacity Fee upon approval of the final plat or development plan for a total
of one-third ( I ir) of the total Capacity Fee for the h:[)Us attributable to the final plat or
development plan oldie property. The City will, upon such payment certify capacity for
those EDUs included in the final plat or development plan_ The Person ;hall pay the
remaining two-thirds of the Capacity lee at the time the building permit is applied for
and issued for each lot or property contained in the final plat or development plan_
(2) For proposed developments/projects in which the Person does not want to reserve
capacity, the Person shall pay one-third (1f3`d) of the total Capacity Fee for the F.OJs
attributable to the final plat or development plan of the property. The City will not
certify capacity for any W s not included in the final plat but included in the
preliminary plat. The Builder shall pay the remaining two-thirds of the Capacity Fee at
the time the building permit is applied for and issued for the property contained in.the
final plat.
(d) Previously Approved Projects. Where an individual connection to the sewer system
permitted prior to the effective date of this Ordinance is requested_ the person requesting the
connection shall pay the entire Capacity Fee at the time the connection permit is requested
and the permit i; issued.
(e) Existing Sine Family Residential Structures_ Ixisting single family residential structures
with the City of Jeffersonville annexed areas prior to the effective dale of this Ordinance that
are not currently connected to the City's sewage works shall pay a capacity tee of one
thousand five hundred dollars ($1,500.00) regardless of the time the user connects to the
City's sewage works.
In all eases, Capacity Fees shall he nonrefundable and shall remain with the pr or
improvement for which it was issued and applied.
All Capacity Fees collected after the date of passage of this Ordinance shall be placed in a
separate account hereby established named Capacity lee Fund No, 635 and shall only be used to
(i) replace the capacity at the wastewater treatment facilities,or
(ii) increase the capacity of the collection system serving the wastewater treatment facilities.
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Section 9 Inspection Fee. In addition to the Capacity Fee, a separate sewer tap inspection
fee of one hundred dollars($100.00)shall he levied against a user connecting to the City's sewage woks.
The Sewer Tap Inspection Fee shall be paid prior to making the lateral connection to the City of
Jeffersonville sanitary sewer facilities as required in the Sanitary Sever Construction Standards.
NOW THEREFORE. BE IT HEREBY FURTHER ORDAINED that the rates and chances
and the Capacity Fees as herein set tbrth shall before effective on the first full billing period occurring
alter the adoption of this Ordinance. the rates and charges for future Phases shall become effective on the
dates set forth herein.
/ /7/tt:
('resident.Common C:4. ncil
Attest:
2043-0,0
Clerk
Presented by me as City Clerk to the Mayor of said City of Jeffersonville this o oR day of
rr _wk �1 . ?bl2.
f
JLIALJ
(. IN Clerk
Phis Ordinance approved and signed by me this4pl, day a
,2012.
tyik
Mayor
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