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HomeMy WebLinkAboutEstablishing a New Schedule of Rates and Charges for the Wastewater Treatment Plantr • RDINANCE • • .: • : Passed by the Common Council of the City of South Bend, Indiana. SQptember 15, xo 80 IRENE K. GAMMON Attest: Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by MA CAN -�..- .:� 0 r City Clerk of Common Council IRENE K. GAMMON a � Clerk ORDINANCE NO. 6828 -80 AN ORDINANCE ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR THE WATER SERVICE FUND BY AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTIONS 17 -47 AND 17 -49(a) AND ADDING SECTION 17 -47.1 STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend last estab- lished a schedule of rates and charges for services rendered by the Wastewater Treatment Plant of the City of South Bend by Ordinance No. 5299 -71, adopted on June 14, 1971. The charges for the water service fund to repair water ser- vice line leaks were established by Ordiannce No. 5930 -75, adopted on December 15, 1975. Due to the passage of time and resultant increases in the financial requirements of the Wastewater Treatment Plant and of the water service fund, the Council now finds that the revenues provided by the rates and charges established by said ordinances are insuffi- cient to meet the financial requirements of the Wastewater Treatment Plant and of the water service line fund. The Council now finds that in order to meet such financial requirements, it is necessary that the rates and charges be increased for the services rendered by said Wastewater Treatment Plant and the service charge be increased for the water service fund. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Section 17 -47 of Article 5 of the Municipal Code of the City of South Bend, shall be amended in its entirety to read as follows: 17 -47 Definitions: As used in this article: (a) A family dwelling unit means a building, vehicle or movable structure or portion thereof designed or arranged to provide temporary or permanent living facilities for a single family. (b) Apartment complex means a building or portion of a building, or a series of buildings designed or used as a residence for three or more families or households living independently of each other and which have a common water meter for three or more Tam iIiPC_ (c) Hotel or motel means a building in which lodging, with or without meals is provided and offered to the public for compensa- tion, and which is open to transient guests. Mobile home means any vehicle or portable structure designed for long -term occupancy, containing sleeping accomodations, a flush toilet, a bathtub or shower, kitchen facilities and plumbing and electrical connections providing for attachment to outside systems; designed to be transported after fabrication on its own wheels, flatbed truck, other trailer or detachable wheels; which, when arriving at the site where it is to be occupied as a complete dwelling unit, including major appliances, is ready for occupancy except for minor and incidental unpacking and assembly operation, located on foundation supports, and is connected to external utilities and electrical system. (3) Mobile necessary f mobile home home park means a tract of land developed with all acilities and services to accomodate three (3) or more S. Section 17- 47.1(a). The water usage schedule on which the amounts of sewage rates and charges shall be determined from October 1, 1980 and thereafter shall be as follows: Quantity of Water Used per Month Rate per 100 Cubic Feet per Month First 500 cubic feet . . . . . . . . . . . . . . . 1.16 From 501 to 2,000 cubic feet . . . . . . . 0.80 From 2,001 to 4,500 cubic feet . . . . . . . . 0.68 From 4,501 to 12,000 cubic feet . . . . . . . . 0.54 From 12,001 to 30,000 cubic feet . . . . . . . . 0.51 From 30,001 to 50,000 cubic feet . . . . . . . . 0.44 From 50,001 to 100,000 cubic feet . . . . . . . . 0.36 From 100,001 to 500,000 cubic feet . . . . . . . . 0.32 From 500,001 to 1,000,000 cubic feet . . . . . . . . 0.26 Over 1,000,000 cubic feet . . . . . . . . . . . . . . 0.19 (b) The above rates and charges are in addition to water rates and charges and the minimum charge per month for each bill from October 1, 1980, and thereafter shall be five dollars and eighty cents ($5.80). *(c) The Common Council shall review on a regular basis all rates and charges established pursuant to this Article. Said review shall be conducted at, at least four (4) year intervals, beginning with four (4) years from the effective date of'this sub - section. The Director of Utilities shall file all pertinent data needed by the Council, on or before June 1st of the year in which the rates and charges shall be reviewed. (d) There shall be, and are hereby established for the use of and the services rendered by the Wastewater Treatment Plant of the City of South Bend for a family dwelling unit located in a apartment complex, hotel or motel, or mobile home park the following rates and charges. A minimum charge shall be levied for each family dwelling unit unit located in an apartment complex, hotel or motel or mobile home park of five dollars and eighty cents ($5.80) per month per family dwelling unit or of the metered cubic feet consumption for the apart- ment complex, hotel or motel or mobile home park as computed in ac- cordance with Section 17- 47.1(a), whichever is greater. SECTION II. There shall be added to Chapter 17, Article 5, of the Municipal Code of the City of South Bend, a Section 17 -47.1. Section 17 -47.1. All bills for Wastewater Treatment Plant ser- vices, not paid within fifteen (15) days from the due date thereof, as stated in such bills, shall be subject to a colletion or deferred payment charge of ten (10) percent on the first six dollars ($6.00) and three (3) percent on the excess over six dollars ($6.00). SECTION III. Section 17 -49(a) of Article 6 of the Municipal Code of the City of South Bend, shall be amended in its entirety to read as follows: Section 17- 49(a). The sum of sixty -four cents (0.64) per month shall be added to the water service charge of all water users. SECTION IV. This Ordinance shall be in full force and effect from and after its passage, approval b the Mayor, and legal pub- lication. '14 Member of the Common Council Passed, as amended, September 15, 1980. Patrick M. McMahon, P.E. Director, Public Works CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 August 6, 1980 Members of the Common Council 441 County /City Building South Bend, IN 46601 RE: Waste Water Treatment Ordinance Dear Councilmen: (219) 284 -9251 An ordinance is herewith submitted for rate increases in sewage rates. As shown by the ordinance, the last rate increase was in 1971. Exceptional cost increases, especially in the last three years, threatened the Waste Water Treatment Plant with deficit operation which jeopardizes the financial standing of the entity for possible future financing. Careful review has been made of the rate increase projections by certified public accountants retained by the Waste Water Treatment Plant. We believe that this rate increase is necessary to insure future functioning of this service and to maintain the necessary coverage on outstanding bond issues. We will be pleased to furnish you with any materials or additional information which you may request. Ver ly yours, • t� Patrick M. McMahon, P.E. Director PMMcM:amc Attachment COOPERS & LYBRAND CERTIFIED PUBLIC ACCOUNTANTS 2200 AMERICAN NATIONAL BANK BUILDING. P. O. BOX 4157 A.MEMBER FIRM OF. SOUTH BEND, INDIANA 46624 (2191 234-4021 COOPERS & LYBRAND (INTERNATIONAL) - 407 ST-JOSEPH VALLEY.BANK BUILDING 121 WEST FRANKLIN STREET ELKHART,- INDIANA 46514 (219) 294 -7441 . P. 0. BOX. 605' .NILES, MICHIGAN 49120 (616) 683 -5720 August 5, 1980 Mayor Roger 0. Parent City of South Bend County City Building South Bend, Indiana 46601 Dear Mayor Parent: The City of South Bend has contracted with Coopers & Lybrand to perform 'a cost of service and rate study for the South Bend Waterworks and a rate study for the South Bend Wastewater Treatment Department. We have performed a preliminary survey of the financial condition of the municipal Utilities in order to determine the adequacy of the present rates .to provide services. The results of our preliminary survey are indicated below. The Waterworks has been operating at a loss since 1976 and Wastewater Treatment has been operating at a loss since-1977.. The result has been a'severe cash requirement. Consequently, the General Funds have shown the following decreasing balances: Waterworks Wastewater 1977 $ 1,692 $1,149,8o6 1979 253,002 7863932 July, 1980 5535589 224,015 9883475 184,7o8 It is not anticipated that there will be any improve- ments in the cash balances by the end of 1980. Because of the large deficit balance in the Waterworks and no offsetting funds, there is effectively a borrowing from the meter deposit fund which appears to be improper. 'Kayor-..Roger 0. Parent -2- August 5 ? , :..198:. Projections prepared from information supplied by management of the utilities indicates that there will not be an appreciable increase in revenues, while increases in expenditures may be expected. As a result, there would not be expected to be an improvement in the cash and operating status of the utilities under the present revenue structure. Based on the apparent deteriorating financial condition of the utilities, it is imperative that relief be sought by means of a rate increase. The present rate structure for the Waterworks was established by Ordinance No. 5608, dated November.26, 1973, and the Wastewater rates were established by Ordinance No. 5298, dated May 25, 1971. As you know, approval of the Common Council is required to change municipal utility rates. Further, the Public Service Commission of Indiana must approve the.rates of the .Waterworks•. IC 8-1-2-96 (Amended by House Act No. 1019) requires that the municipal utility must be maintained in sound physical and financial condition. Reasonable and just charges are to be made for services and should produce sufficient revenues to pay maintenance costs, operating costs, depreciation, debt service, applicable taxes, extensions and replacements, provide adequate working capital and an adequate return on the invest- ment in the utility plant. "Any rate too low to meet.the foregoing requirements is unlawful." Therefore, because of the operating and cash deficiencies, it appears that the utilities may be in violation of this statute. .At the present time there are several ordinances in effect which govern the financial requirements of the utilities: Ordinance No. Waterworks: Commentary 4321 Dated May 23, 1960 - Authorized the issuance of $1,90,000 revenue bonds, which expire in 1980. The ordinance requires the maintenance of, and allocation of revenues to, an Operating and Maintenance Fund, Depreciation Fund and Bond and Interest Fund. Funds allocated to the Depreciation and Bond and Interest Funds are restricted as to use of funds. Also required is maintenance of facilities, financial records and adequate balances to retire bonded debt. Wastewater: 3959 Dated February 8, 195+ - Authorized the issuance of $8,500,000 revenue bonds, which expire in 1984. Requirements are similar to ordinance No. 4321 for allocation of revenues and funding of reserves. ,i�layo;r Roger 0. Parent -3- August 5, lyb Ordinance No. Commentary 5298 Dated May 25, 1971 - Authorized the issuance of $3,190,000 revenue bonds which expire in 1990. It is imperative, for the protection of the bondholders and the maintenance of an appropriate bond rating, that there be an adequate provision of revenues and maintenance of proper reserve requirements. A deteriorating financial condition can jeopardize the status of the utilities The purpose of a cost of service study and rate - setting is to allocate.the costs to each user class, dependent upon the volume of usage and requirements of each customer. An underlying assumption is that a certain level of quality of service will be maintained. The process itself is a complex one and is further complicated by the practices of the Public Service Commission. By regulation, only "fixed, known and measurable costs" are allowed in determining rates which are substantially based on historical financial data. There is generally no provision for anticipated, undocumented expenses; i.e. cost increases due to inflationary effects are not consid- ered in rate - setting. Additionally, there has not been acceptance of an allowance for an adequate return on investment in utility plant, because of the difficulty in determining a suitable rate of return for a municipal utility. As you can see, in the present economic times, it is difficult to maintain adequate rates to compensate for cost increases for signifi- cant length of time. As indicated above, it is apparent that it is necessary to seek a rate increase for the Waterworks and Wastewater Treatment Departments. Based upon data we have presently compiled, the rate increasesrequired would be an average of approximately 84% for Waterworks and 74% for Wastewater Treatment. These increases should provide adequate revenues to cover the costs itemized above and maintain a quality level of service.and capital improvements. Under current economic conditions, it appears that the increase would be sufficient for a period of two to four years. However, that is predicated on current economic trends and no significant variance from these trends. It is important to consider the composition of the proposed rate increases. Because a cost of service study is designed to determine the cost of service to various user groups, certain groups will be bearing a higher percentage increase than the average and certain groups will bear a lower percentage. It is anticipated that the range from the average will not be significantly large and will approximate 8o/ - 93 %. RoF r u. Parent August Another consideration in the presently proposed rates is a reduction of the minimum monthly charge for low volume users from the proposed water rate increase. The purpose of .this is to compensate the low volume water users (i..e. those in the 0 - 500 cu-ft. consumption level), who are characteristically, but not.exclusively, the older citizens. The result is that the minimum water rate would increase from $1.65 per month to $1.82 per month, a 10% increase. This would affect approximately 10,000 customers, or 25% of the total Waterworks customers. The average cost per residential customer is $3.48 per month.for water and $6.21 for sewage. The effect of the rate increase will be to increase these amounts to $6.41 and $10.82, respectively. Enclosed are schedules which compare present and proposed rates and rates presently effective for Mishawaka, Elkhart, Michigan City, Indianapolis, Evansville and Fort Wayne all neighboring or similar communities.. Of importance in these schedules is the relationship of South Bend rates to those of the other cities, which is generally lower, and the effective date of the present rates. South Bend currently has the oldest effective rates. Even after the proposed increase, South Bend compares very favorably to the other cities. We will be pleased to discuss these items with you and other representatives of the City of South Bend at your convenience. Very truly yours, i nac Enclosures con toe (Inu mnn Tounrd of t4v laity of oout4 fiend: Your Committee OF THE WHOLE to whom was referred A BILL ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICE RNEDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND AMENDING CHARGES MADE FOR THE WATER SERVICE FUND BY AMENDING CHAPTER 17, ARTICLE 5 AND 6 BY AMENDING SECTIONS 14 -47 and 17 -49(a) AND ADDING SECTION 17.47.1. Respectfully report that they have examined the matter and that in their opinion this bill should be recommended to the Council favorable, as amended: per attached amendments FREE PRESS 001,Maou PUBLISHING CO. Walter M. Szymkowiak Chairman