9639-05 Amend Chapter 17 - Sewage Rates

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ORDINANCE NO. l ~ 3~'~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, DIVISION 4, SECTIONS 17-20, 17-21,17-23 AND 17-25 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST REGULAR SEWAGE RATES AND HEAVY DEMAND SURCHARGE RATES AND TO CLARIFY OTHER CODE PROVISIONS STATEMENT OF PURPOSE AND INTENT The City of South Bend last adjusted rates for its sewer utility customers in 2003 (Ordinance No. 9442-03), while recognizing that another sewer rate adjustment would be required in 2006. Since Ordinance No. 9442-03 was enacted, a utility advisory committee was formed and has met regularly to study the needs and demands of South Bend's sewer utility and to consider the revenue required to satisfy the utility's operational and environmental requirements. The rates set forth in this ordinance are just and equitable fees which will enable the South Bend sewage works to maintain its facilities in sound physical and financial condition in order to render adequate and sufficient service to its customers as required by Indiana Code § 36-9-23-25. This ordinance also eliminates the three classes of utility users previously designated in South Bend Municipal Code § 17-20 and it alters the process for redetermining future rates. The terms of this ordinance are in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Chapter 17, Article 2, Division 4, Section 17-20 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17-20. Rates established. Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established , in order that the sewage works shall recove , ,revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. . {~j User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17,1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. €slletvs:-