9691-06 Amend Chapter 17 - Special Rate Contract for Sewer Service

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Substitute Bill No. 19-06 Special Sewer Rate Contract Ordinance Page 2 The Board is herel}y further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined with a~reduction being limited to such reduced costs. Such contracts shall only become effective upon the adoption of a Council Resolution ratifying the Board's action. Contracts which are currently in effect which may contain clauses which authorize automatic extensions and/or language that the agreement/contract may be modified b~mutual written agreement of the parties will only become effective or extended beyond the original term upon the adoption of a Council Resolution ratif~ng such extension containing modification(s) and/or modifications. The party seeking a special rate contract consideration a modification or extension containing modification(s) shall have the burden of proof, by bein required to provide written information detailin tg he specifics substantiating the resulting "clearly definable reduction in cost to the sewage works". The ~~ seeking a special rate contract, a modification or extension containing modification(s), shall annually present relevant data to the Council's Utility Committee no later than August 30th of each dear. Additionally. the Board shall forward to the Office of the City Clerk a copy of the proposed special rate contract and the detailed information which support the Board's finding that there will be a "clearly definable reduction in cost to the sewage works", all of which shall accompany the proposed Council Resolution and its cover letter. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. ~i~~ ~. ~, Council Member Al " ddy" Kirsits Utility Committee Chairperson South-B d Commoner Council Co Member David Varner Public Works and Property Vacation Committee Chairperson South Bend Common Council City Clerk • Indiana Code § 36-9-23-25, states in part that "The municipal legislative body, shall, by ordinance, establish just and equitable fees for the services rendered by the sewage works, and provide the dates on which the fees are due...The municipal legislative body may exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, based on variations in: (1) the costs, including capital expenditures, of furnishing services to various classes of users or to various locations; or (2) the number of users in various locations". (Emphasis added)