Winona Lake Sewage

November 25, 2019 at 4:36 p.m.

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NOTICE OF HEARING

Town of Winona Lake Indiana, Sewage Works

TO:  Users and Other Interested Person of the Sewage Works of the

Town of Winona Lake, Indiana

    NOTICE IS HEREBY GIVEN that on December 17, 2019  at 6:00 p.m. at the Town Hall located at 1310 Park Avenue, Winona Lake, Indiana, the Town Council of the Town of Winona Lake, Indiana will hold a public hearing upon Ordinance No. 2019-11-2 which was Introduced by the Town Council on November 19, 2019 which Ordinance provides for the amending, by increasing the sewage rates and charges of the users, which rates and charges are proposed, as follows:

    SECTION 1. RATE STRUCTURE  

    A.    Whenever the term “wastewater” is used throughout this ordinance, it shall have the same meaning as the terms “sewage”, “sewerage”, and “sewer” unless the content in which it is used clearly denotes another meaning.  For the use of and service rendered by the Sewage Works of the Town of Winona Lake, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, building or parts of buildings in possession of diverse persons that are connected with the Town’s sanitary wastewater system or otherwise discharges sanitary wastewater, industrial wastes, water or other liquids, either directly or indirectly, into the Town’s sanitary wastewater system, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as follows:     

1.    RATE STRUCTURE FOR SERVICE

    a)   Unmetered Monthly Rates    Flat Monthly Rates

1.    Single Family Residential Dwelling Units:           $56.00 for each unit

2.    10D Single Family Residential Units:       $56.00 for each unit

    (5 persons constitute one unit)

3.    Mobile Homes (Pad)    $56.00 for each unit

4. Rooming House Room (each room)    $12.15 for each room

5.    Bed and Breakfast; Dormitory    $56.00 plus

6.    Offices, store, shops, etc     $56.00 for first 2 employees    7.    Service Stations    $118.32

8.    Self-Service Laundries      $41.35 per machine

9.    Restaurant    $118.32

Plus $467 per seat over 20

10. Schools    $4.67 per student

b)   Metered Rates

    Hotels, Motels, Institutions, Publishers, and General Manufacturers

    based upon measured water usage as follows:

        Per  1,000 Gallons    

    First  2,000       gallons per month                                 $24.00/thou. Gal.

    Next 8,000       gallons per month                                  $24.80/thou. Gal.

    Next 30,000     gallons per month                                  $13.70/thou. Gal.

       Next 60,000     gallons per month                                  $9.85/thou. Gal.

       Over 100,000   gallons per month                                  $7.80/thou. Gal.

c)  Minimum Monthly Charges

Water Meter Size    Minimum charges

    3/4” to 5/8”    $ 81.00

    1”    $183.00

    1 1/4”    $ 297.00

    1 1/2”    $ 491.00

    2”    $601.00

    3”    $888.00

    4”    $ 1,472.00

    Other    As determined by negotiation            with the Town Council

SECTION 2.  BILLING

    Such rates and charges shall accrue with respect to the first billing made by the Town to users on or after the first day of January 2020.  Such rates and charges shall thereafter be billed on the fifteenth (15) day of each month for usage that occurred through the first (1st) day of the month, and shall be payable on the twenty-eighth (28th) day of that same month.  For flat rate users whom are issued a coupon book, the charges for each month shall be due on the twenty-eighth of each month and shall be delinquent if not paid by the tenth (10) of the following month.  Payments shall be applied to the oldest outstanding balance.  As provided by I.C. 36-9-23-31, a penalty of ten percent (10%) attaches to any payment that is not paid by the time it is due, and the penalty is due immediately.  Reading Service Fee of Ten Dollars ($10.00) shall be imposed for failure of a property owner to submit a meter reading for each month of such failure.

SECTION  3.     SURCHARGE

    In order that the rates and charges may be just and equitably adjusted to the service rendered, the Town of Winona Lake shall have the right to base its charges not only on volume but also on the strength and character of the wastewater wastes which it is required to treat and dispose.  The Town of Winona Lake shall have the right to measure and determine the strength and content of all wastewater and wastes discharged, either directly or indirectly, into the Town’s sanitary wastewater system, in such manner and by such method as it may be deemed practicable in the light of conditions and attending circumstances of the case, in order to determine the proper charge.

(a)  STRENGTH OF WASTEWATER:  Extra charges based on the strength of the wastewater and liquid wastes shall be made on the following basis:

I.  Rates Surcharge Based upon Suspended Solids

    There shall be charged a rate of Fifty-Four (54) Cents per pound of suspended solids for each pound of suspended solids received in excess of 250 milligrams per liter of fluid.

II. Rates Surcharge Based Upon BOD

    There shall be charged a rate of Seventy-Six (76) Cents per pound of BOD for each pound of BOD received in excess of 250 milligrams per liter of fluid.

    (b)  MANNER TO DETERMINE STRENGTH:  *UNCHANGED*    

    (c) SUSPENDED SOLID/OXYGEN DEMAND:  *UNCHANGED*

B.    CHARGE FOR REPLACEMENT OF PAYMENT BOOKS OR COUPONS *UNCHANGED*    

C. DISHONORED  CHECKS *UNCHANGED*    



    All other Parts of prior Ordinances of the Town that are not in conflict with the rates and billing provisions determined at the hearing shall remain in full force and effect.

    Any user of the Town of Winona Lake, Indiana Sewage works, any owner of property served or to be served by the Sewage works, and any other persons, may appear at said hearing and be heard. Comments may be submitted in writing in advance of the hearing by delivering them to the Clerk Treasurer of the Town at 1310 Park Avenue, Winona Lake, Indiana 46590 and those comments will be considered at the hearing. The hearing will be held in accordance with I.C. 8-1.5-3-8.1 and may be adjourned and continued. Rights of objectors exist as are provided for by I.C. 8-1.5-3-8.2.

       After the hearing, the municipal legislative body may adopt the Ordinance establishing the rates and charges, either as originally introduced or as modified, however the Ordinance is not required to be adopted on the day or in the meeting in which the hearing is held. A copy of the schedule of rates and charges adopted shall be kept on file and available for public inspection in the offices of the board (Town Council) and the municipal clerk. An ordinance adopted that imposes different rates and charges for service to property located outside the corporate boundaries of the municipality as compared to property located within the corporate boundaries of the municipality must state in plain languages the percentage difference between the rates and charges if there is a difference.

    Following adoption of the ordinance the users of the works for service to property located

outside the municipality's corporate boundaries, if there are any, may be entitled to petition the commission under I.C. 8-1.5-3-8.3 to review and adjust the rates and charges imposed on the users if a petition under section I.C. 8-1.5-3-8.2 or under I.C. 36-9-23-26 with respect to the same rates ordinance has not been filed.

Kent Adams, Clerk-Treasurer

Town of Winona Lake, Indiana

1310 Park Avenue

Winona Lake, IN  46590

Tel: 574-267-5783



Prepared by Adam D. Turner, Turner Valentine, LLC, 121 W. Market St. Warsaw, IN 46580. Attorney for the Town of Winona Lake, Indiana

11-29 hspaxlp

NOTICE OF HEARING

Town of Winona Lake Indiana, Sewage Works

TO:  Users and Other Interested Person of the Sewage Works of the

Town of Winona Lake, Indiana

    NOTICE IS HEREBY GIVEN that on December 17, 2019  at 6:00 p.m. at the Town Hall located at 1310 Park Avenue, Winona Lake, Indiana, the Town Council of the Town of Winona Lake, Indiana will hold a public hearing upon Ordinance No. 2019-11-2 which was Introduced by the Town Council on November 19, 2019 which Ordinance provides for the amending, by increasing the sewage rates and charges of the users, which rates and charges are proposed, as follows:

    SECTION 1. RATE STRUCTURE  

    A.    Whenever the term “wastewater” is used throughout this ordinance, it shall have the same meaning as the terms “sewage”, “sewerage”, and “sewer” unless the content in which it is used clearly denotes another meaning.  For the use of and service rendered by the Sewage Works of the Town of Winona Lake, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, building or parts of buildings in possession of diverse persons that are connected with the Town’s sanitary wastewater system or otherwise discharges sanitary wastewater, industrial wastes, water or other liquids, either directly or indirectly, into the Town’s sanitary wastewater system, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as follows:     

1.    RATE STRUCTURE FOR SERVICE

    a)   Unmetered Monthly Rates    Flat Monthly Rates

1.    Single Family Residential Dwelling Units:           $56.00 for each unit

2.    10D Single Family Residential Units:       $56.00 for each unit

    (5 persons constitute one unit)

3.    Mobile Homes (Pad)    $56.00 for each unit

4. Rooming House Room (each room)    $12.15 for each room

5.    Bed and Breakfast; Dormitory    $56.00 plus

6.    Offices, store, shops, etc     $56.00 for first 2 employees    7.    Service Stations    $118.32

8.    Self-Service Laundries      $41.35 per machine

9.    Restaurant    $118.32

Plus $467 per seat over 20

10. Schools    $4.67 per student

b)   Metered Rates

    Hotels, Motels, Institutions, Publishers, and General Manufacturers

    based upon measured water usage as follows:

        Per  1,000 Gallons    

    First  2,000       gallons per month                                 $24.00/thou. Gal.

    Next 8,000       gallons per month                                  $24.80/thou. Gal.

    Next 30,000     gallons per month                                  $13.70/thou. Gal.

       Next 60,000     gallons per month                                  $9.85/thou. Gal.

       Over 100,000   gallons per month                                  $7.80/thou. Gal.

c)  Minimum Monthly Charges

Water Meter Size    Minimum charges

    3/4” to 5/8”    $ 81.00

    1”    $183.00

    1 1/4”    $ 297.00

    1 1/2”    $ 491.00

    2”    $601.00

    3”    $888.00

    4”    $ 1,472.00

    Other    As determined by negotiation            with the Town Council

SECTION 2.  BILLING

    Such rates and charges shall accrue with respect to the first billing made by the Town to users on or after the first day of January 2020.  Such rates and charges shall thereafter be billed on the fifteenth (15) day of each month for usage that occurred through the first (1st) day of the month, and shall be payable on the twenty-eighth (28th) day of that same month.  For flat rate users whom are issued a coupon book, the charges for each month shall be due on the twenty-eighth of each month and shall be delinquent if not paid by the tenth (10) of the following month.  Payments shall be applied to the oldest outstanding balance.  As provided by I.C. 36-9-23-31, a penalty of ten percent (10%) attaches to any payment that is not paid by the time it is due, and the penalty is due immediately.  Reading Service Fee of Ten Dollars ($10.00) shall be imposed for failure of a property owner to submit a meter reading for each month of such failure.

SECTION  3.     SURCHARGE

    In order that the rates and charges may be just and equitably adjusted to the service rendered, the Town of Winona Lake shall have the right to base its charges not only on volume but also on the strength and character of the wastewater wastes which it is required to treat and dispose.  The Town of Winona Lake shall have the right to measure and determine the strength and content of all wastewater and wastes discharged, either directly or indirectly, into the Town’s sanitary wastewater system, in such manner and by such method as it may be deemed practicable in the light of conditions and attending circumstances of the case, in order to determine the proper charge.

(a)  STRENGTH OF WASTEWATER:  Extra charges based on the strength of the wastewater and liquid wastes shall be made on the following basis:

I.  Rates Surcharge Based upon Suspended Solids

    There shall be charged a rate of Fifty-Four (54) Cents per pound of suspended solids for each pound of suspended solids received in excess of 250 milligrams per liter of fluid.

II. Rates Surcharge Based Upon BOD

    There shall be charged a rate of Seventy-Six (76) Cents per pound of BOD for each pound of BOD received in excess of 250 milligrams per liter of fluid.

    (b)  MANNER TO DETERMINE STRENGTH:  *UNCHANGED*    

    (c) SUSPENDED SOLID/OXYGEN DEMAND:  *UNCHANGED*

B.    CHARGE FOR REPLACEMENT OF PAYMENT BOOKS OR COUPONS *UNCHANGED*    

C. DISHONORED  CHECKS *UNCHANGED*    



    All other Parts of prior Ordinances of the Town that are not in conflict with the rates and billing provisions determined at the hearing shall remain in full force and effect.

    Any user of the Town of Winona Lake, Indiana Sewage works, any owner of property served or to be served by the Sewage works, and any other persons, may appear at said hearing and be heard. Comments may be submitted in writing in advance of the hearing by delivering them to the Clerk Treasurer of the Town at 1310 Park Avenue, Winona Lake, Indiana 46590 and those comments will be considered at the hearing. The hearing will be held in accordance with I.C. 8-1.5-3-8.1 and may be adjourned and continued. Rights of objectors exist as are provided for by I.C. 8-1.5-3-8.2.

       After the hearing, the municipal legislative body may adopt the Ordinance establishing the rates and charges, either as originally introduced or as modified, however the Ordinance is not required to be adopted on the day or in the meeting in which the hearing is held. A copy of the schedule of rates and charges adopted shall be kept on file and available for public inspection in the offices of the board (Town Council) and the municipal clerk. An ordinance adopted that imposes different rates and charges for service to property located outside the corporate boundaries of the municipality as compared to property located within the corporate boundaries of the municipality must state in plain languages the percentage difference between the rates and charges if there is a difference.

    Following adoption of the ordinance the users of the works for service to property located

outside the municipality's corporate boundaries, if there are any, may be entitled to petition the commission under I.C. 8-1.5-3-8.3 to review and adjust the rates and charges imposed on the users if a petition under section I.C. 8-1.5-3-8.2 or under I.C. 36-9-23-26 with respect to the same rates ordinance has not been filed.

Kent Adams, Clerk-Treasurer

Town of Winona Lake, Indiana

1310 Park Avenue

Winona Lake, IN  46590

Tel: 574-267-5783



Prepared by Adam D. Turner, Turner Valentine, LLC, 121 W. Market St. Warsaw, IN 46580. Attorney for the Town of Winona Lake, Indiana

11-29 hspaxlp
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