CHAPTER 9 - UTILITIES

Sec. 9-1 Designation of Party Responsible for Payment.

Sec. 9-2 Sewage Rates and Charges.

Sec. 9-3 Charges for Customers Obtaining Water From Another Source.

Sec. 9-4 Charges for Customers Who Use Town Water and Water From Another Source.

Sec. 9-5 Customers Using Over 9,000 Cubic Feet Per Quarter.

Sec. 9-6 Charges for Residential Lots using a Single Water Meter.

Sec. 9-7 Charges for Apartments Using a Single Water Meter.

Sec. 9-8 Charges for Trailer Parks.

Sec. 9-9 Charges Based on Volume, Strength, and Character.

Sec. 9-10 Sprinkling Rates.

Sec. 9-11 Definitions of Sanitary and Industrial Wastes.

Sec. 9-12 Sewage Billing Procedures.

Sec. 9-13 Authority to Make By-Laws and Regulations.

Sec. 9-14 Connection Charges.

Sec. 9-15 Exemption of Uncontaminated Water.

Sec. 9-16 Leaks.

Sec. 9-17 - 9-20 Reserved for Future Use.

Sec. 9-21 Determination of Charges.

Sec. 9-22 Charges for Quarterly Usage.

Ordinance 99-2-9 Amendment to Sec. 9-22

Sec. 9-23 Waterworks Minimum Charge.

Ordinance 99-2-9 Amendment to Sec. 9-23

Sec. 9-24 Fire Protections Services.

Sec. 9-25 Sprinkler Connection Charges.

Sec. 9-26 Tap Charges.

Sec. 9-27  Collection and Deferred Payment Charges.

Sec. 9-28  Billing Frequency.

Sec. 9-29  Conditions for Water Service Disconnection.

Ordinance 97-12-09 Sec. 9-30 Added

Sec. 9-30 - 9-35 Reserved for Future Use

Sec. 9-36  Sewage Superintendent

Sec. 9-37  Waterworks Superintendent

CHAPTER 9 - UTILITIES

Sec. 9-1 Designation of Party Responsible for Payment  *OLD*

For the use of and the service rendered by the Sewage Works, rates and charges shall be collected from the owner of each and every lot, parcel of real estate or building that is connected with the Town's sanitary sewage system, or otherwise discharges sanitary sewage, industrial waste, water or other liquids, either directly or indirectly, into the sanitary sewage system of the Town.
(Ordinance No.90-4, 4-1-90)

The minimum charge for sewage service, where the user is a metered water customer, shall be based upon the meter size as follows:

Effective April 1, 1990, the sewage rates and charges herein listed are increased forty-two percent (42%) up to 1 inch meter from 1 1/4 inch meter to six inch meter the sewage rates raised one hundred percent (100%).
(Ordinance No. 90-4-1, 1990)

The rates will be increased to $3.31 per 100 cubic feet for 5/8 inch and 3/4 inch meters plus a User Fee of $3.00 per quarter. Approximately 90% of all residential users are in the 5/8 inch or 3/4 inch category. The minimum bill for sewage will be figured on 0 to 500 cubic feet which would be a total of $19.55 per quarter.

Sec. 9-1 Designation of Party Responsible for Payment -- 1983

For the use of and the service rendered by the Sewage Works, rates and charges shall be collected from the owner of each and every lot, parcel of real estate or building that is connected with the Town's sanitary sewage system, or otherwise discharges sanitary sewage, industrial waste, water or other liquids, either directly or indirectly, into the sanitary sewage system of the Town.
( Ord. No. 64-12, §l, 12-7-64)

Sec. 9-2 Sewage Rates and Charges.¹ -- 1983

(a) The sewage rates and charges shall be based on the quantity of water used on or in the property or premise subject to such use, unless otherwise provided.

(b) Sewage service rates, based upon the amount of water used, shall be as follows:

(c) The minimum charge for sewage service, where the user is a metered water customer, shall be based upon the meter size as follows:

(d) For services rendered to the Town of Kentland, the Town shall be subject to the same rates and charges herein described, or to charges and rates established in harmony therwith.
(Ord. No. 64-12 §1, 12-7-64)

¹Effective April 1, 1983, the sewage rates and changes herein listed are increased fifteen percent (15%) across the board.
(Ord. No. 83-2-14, 1983)

(e) Rates and charges shall be based upon water usage as measured by water meter to be installed by the user with such installation being approved by the Town. (Res. No. 2. Board of Trustees Meeting 1-3-66)

Sec. 9-3 Charges for Customers Obtaining Water From Another Source

(a) In cases where the quantity of water obtained is from sources other than the water utility serving the Town of Kentland and is discharged into the public sanitary sewage system, rates and charges may be determined by the Town in such a manner as the proper officers of the Town shall elect and the sewage services may be billed at the above appropriate rates.

(b) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial waste, water or other liquids into the Town's sanitary sewage system, either directly or indirectly, is not a user 6f the water supplied by the water utility servicing the Town of Kentland, and the water used thereon, or therein is not measured by a meter or is metered by a meter not acceptable to the Town, then the amount of water used shall be otherwise measured, or determined by the Town in order to ascertain the rates of charge, or 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 which is acceptable to the Town for the determination sewage discharge.
(Ord. No. 64-12, §2(a)(b) 12-7-64)

Sec. 9-4 Charges for Customers Who Use Town Water and Water From Another Source

In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial waste, water, or other liquids into the Town's sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the Town of Kentland, and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town in order to ascertain the rates of charge, or 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 Town for the determination of sewage discharge.
(Ord. No. 64-12, §1(c) 12-7-64)

Sec. 9-5 Customers Using Over 9,000 Cubic Feet Per Quarter

In the event a lot, parcel of real estate, or building discharges sanitary sewage, industrial waste, water, or other liquids into the Town's sanitary sewage system, either directly or indirectly, and uses water in excess of nine thousand (9,000) cubic feet per quarter, and it can be shown to the satisfaction of the Town 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 install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for determination of the sewage discharge.
(Ord. No. 64-12, §1(d) 12-7-64)

Sec. 9-6 Charges for Residential Lots Using a Single Water Meter

In the event two (2) or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water, or other liquids into the Town'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 such case, for billing purposes, the quantity of water used shall be averaged for each user and the minimum charge and the sewage rates and charges shall apply to each of the number of residential lots, parcels of real estate, or buildings served through the single water meter.
(Ord. No. 64-12, §2(e), 12-7-64)

Sec. 9-7 Charges for Apartments Using a Single Water Meter

(a) In the event two (2) or more dwelling units such as apartments or housekeeping rooms discharging sanitary sewage, water, or other liquids into the Town'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 such case, billing shall be for single service in the manner set out in this article, except that the charge shall be not less than the number of dwelling units multiplied by the quarterly minimum charge for a 5/8" - 3/4" water meter.

(b) A dwelling unit shall be interpreted as a room or any other space in which cooking facilities are provided.
(Ord. No. 64-12, §2(f), 12-7-64)

Sec. 9-8 Charges for Trailer Parks

In the case of trailer parks discharging sanitary sewage, water, or other liquids into the Town's sanitary sewage system, either directly or indirectly, and which are users of water from the Town's waterworks, and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out in this article, except that the charge shall be not less than the number of occupied trailer spaces multiplied by the quarterly minimum charge for a 5/8" - 3/4" water meter.
(Ord. No. 64-12, §2(g), 12-7-64)

Sec. 9-9 Charges Based on Volume, Strength, and Character

(a) In order that the rates and charges may be justly and equitably adjusted to the services rendered, the Town shall have the right to base its charges not only on volume, but also on the strength and character of the sewage and waste which it is required to treat and dispose of.

(b) The Town shall have the right to measure and determine the strength and content of all sewage and waste discharged, either directly or indirectly into the Town's sanitary sewage system in such manner and by such method as may be deemed practical in light of the conditions and attending circumstances of the case, in order to determine the proper charge.

(c) The proper officers of the Town are authorized to prohibit the dumping of waste into the Town 's sewage system which in its discretion are deemed harmful to the operation of the sewage disposal works of the Town.
(Ord. No. 64-12, §3, 12-7-64)

Sec. 9-10 Sprinkling Rates

(a) In order that the domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the months of July, August and September, the billing for sewage services for residential and/or domestic users for the months of July, August, and September, shall be based upon the water usage for said previous months of April, May and June.

(b) In the event the water usage for said previous months of April, May and June, is greater than the water usage of said months of July, August and September, then the billing for sewage service shall be computed on the actual water used in the months for which the sewage service bill is being rendered.

(c) Domestic and/or sprinkling rate, shall apply to each lot, parcel of real estate or building which is occupied and used as a residence.

(d) Said sprinkling rates shall not apply to any premises which are partially or wholly used for commercial or industrial purposes.

(e) In the event a portion of such premises shall used for commercial or industrial purposes. the owner shall have the privilege of separating the, water service so that the residential portion of the premises is served through a separate water meter, and in such case the water usage as registered by the water meter serving such portion of the premises used for residential purposes would qualify under the sprinkling rate.
(Ord. No. 81-7-13, §1, 1981)

Sec. 9-11 Definitions of Sanitary and Industrial Wastes

(a) Sanitary waste shall mean waste from water, closets, urinals, lavatories, sinks, bath tubs, showers, household laundries, basement drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains, and all other water-carried waste except industrial waste.

(b) Industrial waste shall mean liquid waste or liquid-borne waste resulting from any commercial, manufacturing of industrial operation or process.
(Ord. No. 64-12, §5, 12-7-64)

Sec. 9-12 Sewage Billing Procedures

(a) The rates and charges shall be prepared and billed by the Town and shall be collected in the manner provided by law and ordinance.

(b) Said rates and charges may be billed to the tenant(s) occupying the property served unless requested in writing by the owners, but such billing shall in no way release the owners liability in the event payment is not made.

(c) The owners of properties served which are occupied by tenants shall have the right to examine the collection records of the Town for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination shall be at the office in which the records are kept and during regular business hours.

(d) Billings shall be on a quarterly basis and shall be based upon the quantity of water used on or in the property or premises as measured by the water meter, unless otherwise provided.

(e) Water usage shall be determined from the meter readings as furnished by the water utility serving the Town, provided however, that the users shall be filled monthly for an amount equal to an estimated one-third (1/3) of the amount of the rates and charges due for such quarter, which monthly bill shall be computed and estimated as prior quarterly billings, if any, or the minimum whichever is greater. The actual quarterly billing shall be determined at the end of the third month of each such quarter, and proper adjustment made for prior estimated payments which have been made during such quarter.

(f) Each user shall pay each monthly promptly upon receipt and if a monthly bill is not paid within the time provided by the law the same shall be deemed delinquent and shall be enforceable as provided by law.
(Ord. No. 64-12 §6, 12-7-64)

Sec. 9-13 Authority to Make By-laws and Regulations

(a)    The proper officers of the Town shall make and enforce such by-laws and regulations as deemed necessary for the safe, economical, and efficient management of the sewage works, including the sewer system and the treatment plant, for the construction and use of house sewers and connections to the sewer system, and for the regulation, collecting, rebating and refunding of rates and charges.

(b)    Rates and charges shall become effective on the date that sewage is directed to the sewage plant for treatment.
(Ord. No. 64-12, §7, 12-7-64)

Sec. 9-14 Connection Charges

(a) In the event of connection of property at the time of construction of the sanitary sewers being constructed from the proceeds of sewage works revenue bonds of the Town, there shall be no connection charge for the privilege of connection to the sanitary sewer system of the Town, provided such connection is made prior to the back filling of the trench in which the sewer line is being laid.

(b) In the event of connection of property to a sanitary sewer after the trench has been back filled, there shall be a connection charge of one hundred ($100.00) dollars for the privilege of connection to sewer system of the Town.
(Ord. No. 64-12, §8, 12-7-64)

Sec. 9-15  Exemption of Uncontaminated Water

(a) The Town Board of Trustees has determined it to be equitable to exempt uncontaminated water such as that used in air conditioning and cooling systems if properly measured at the user's expense.

(b) Meters to measure such uncontaminated water shall be purchased from the Town, and the cost of the meter, installation, repair and maintenance of the meter shall be paid by the user. (Res. No. ___, 4-5-65)

Sec. 9-16  Leaks

In the event of a proven or obvious water leak occurring between the water meter and building in such manner that the leaked water does not enter the sewage system, and provided the leak is stopped within a reasonable time, the sewage charge may be based on the normal water usage for that parcel of real estate. (Reg. No. 1, Board of Trustees Meeting 12-6-65)

Sec. 9-17 - 9-20 Reserved for Future Use

Article 2 - Waterworks

Sec. 9-21  Determination of Charges

The use of and the service rendered by the waterworks system of the Town shall be based on the use of water supplied by the waterworks system.
(Ord. No. 81-2-9, §1, 1981)

Sec. 9-22  Charges for Quarterly Usage

Ordinance 9-2-99 Amendment to Section 9-22

Charges for quarterly usage shall be as follows:

(Ord. No. 81-2-9 §1a, 1981)

 

Sec. 9-23  Waterworks Minimum Charge

Ordinance 99-2-9 Amendment to Section 9-23

Each user shall pay a minimum charge in accordance with applicable size of meter installed for which the user will be entitled to the quantity of water set out in the above schedule of rates.

(Ord. No. 81-2-9, §1b, 1981)

Sec. 9-24  Fire Protection Services

(Ord. No. 81-2-9, §1c, 1981)

Sec. 9-25  Sprinkler Connection Charges

Sprinkler connection charges shall be as follows:

Sec. 9-26  Tap Charges

A tap charge shall be collected from each customer, prior to connection to the water system, in an amount sufficient to reimburse the Town for labor, material, and overhead necessary for tapping the main, installation of service from the main to the property line (including the curb stop) and the cost of furnishing and installing a suitable water meter. Provided that the tap charge for the minimum 5/8" to 3/4.' tap shall be $300.00 and the minimum charge for all larger connection shall be $300.00.
(Ord. No. 81-2-9, §1e, 1981)

Sec. 9-27  Collection and Deferred Payment Charges

All bills for water services not paid within fifteen (15) days from the due date thereof, as stated in such bills, shall be subject to the collection or deferred payment charge of ten (10%) percent on the first $3.00 and three (3%) percent on the excess over $3.00.
(Ord. No. 81-2-9, 1981)

Sec. 9-28  Billing Frequency

The rates and charges shall be billed quarterly by the Town of Kentland based upon quarterly meter readings.
(Ord. No. 81-2-9, §1g, 1981)

Sec. 9-29  Conditions for Water Service Disconnection

In the event a property owner wishes to have his water service discontinued to a particular property, the Town will discontinue such water service to such property only upon the following conditions:

1. Written request of property owner;
2. Agreement by property owner to pay minimum sewage charge during period of time water service is discontinued; and
3. Agreement by property owner to indemnify the Town of Kentland against any claims of a tenant, if any, resulting from the discontinuance of such water service.
(Ord. No. 67-4, 3-6-67)

Sec. 9-30 - 9-35 Reserved for Future Use

Sec. 9-30     Ordinance 97-12-09 Relating to the Removal of the Town's Water Utility from the Jurisdiction of the Indiana Utility Regulatory Commission

Article 3 - Utility Personnel²

Sec. 9-36  Sewage Superintendent

Reserved

Sec. 9-37   Waterworks Superintendent

Reserved

² I.C. 36-9-2-14 authorizes Towns to operate waterworks. I.C. 36-9-2-16 and I.C. 36-9-2-17 authorizes Towns to operate sanitary sewer systems.