City of Warsaw Sewer Rates

November 4, 2020 at 3:19 p.m.

By -

ORDINANCE NUMBER 2020-10-02

AN ORDINANCE AMENDING STORMWATER UTILITY RATES AND CHARGES

    Whereas, The City of Warsaw ("City") has been identified as a Municipal Separate Storm Sewer System (MS4) under the Clean Water Act of 1972 and is required to comply with the Phase II Stormwater Regulation as implemented by the Indiana Department of Environmental Management Rule 13 and comply with the requirements of lAC 327- 15-13 or Rule 13;AND

    Whereas, the City of Warsaw requires funding for the Stormwater Utility established through  Indiana Code 36-9-23-2 as a means to comply with the regulatory requirements; AND

    Whereas, the City of Warsaw requires funding for needed capital improvement projects to reduce flooding and improve  drainage for citizens and businesses within the city; AND

    Whereas, the City of Warsaw has consulted with qualified professional engineers and rate consultants to determine the city's funding needs, develop a fair and equitable funding solution specific to its population to meet the needs of its community;AND

    Whereas all the territory in the City is considered to have received a special benefit  from the collection and disposal facilities of the utility equal to or greater than the fees imposed on the territory under Indiana Code 36-9-23-25 in order to pay all or part of the costs of such facilities;AND

    Whereas, the City has determined a fair and equitable means to equally distribute the cost of funding  water quality initiatives with  all users in the city;AND

    Whereas, the city has determined a fair and equitable way to distribute infrastructure and capital improvement costs fairly among residential and non? residential properties while taking into account runoff  from impervious surfaces;

    NOW THEREFORE, the following is adopted:

    Chapter 78, Article VI. Is now amended in the City Code of Warsaw, Indiana

Section 78-600 Definitions. Unless the content specifically indicates otherwise, the meaning of the terms  in this Article shall be as follows:

    A.   Equivalent Residential Unit (ERU) shall mean a unit value which is equal to the average amount  of impervious surface area for a single family home within the MS4 jurisdiction of the City of Warsaw which is established at three  thousand five hundred fifty (3,550) square feet of impervious area.  The unit value which

will be rounded  to the nearest whole number  will be the basis for calculating the variable portion of the non-residential fee.

    B.   Impervious  Surface Area shall mean the amount, measured in square footage, of the surfaces on a parcel of land that  prevent or impede infiltration of

    Stormwater into the soil as it enters under natural conditions  prior to development. Common impervious areas  include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces  that  impede the natural  infiltration of Stormwater.

    C.  Non-residential Real Estate shall mean any parcel of land or building located

within the  MS4 jurisdiction of the city, which is not used for residential  purposes or defined  under the definition of residential  unit.  Non-residential real estate will include:

    i. Agricultural real estate;

    ii. Commercial real estate;

    iii. Industrial real estate;

    iv. Institutional  real estate;

    v. Church real estate;

    vi. School real estate;

    vii. Utility real estate

    viii. Government real estate;

    ix. Any other  real estate not mentioned in this list and which is not described  by the definition of residential  real estate or government real estate.

    D.  Government Real Estate shall mean any parcel of land or building located within

the  MS4 jurisdiction of the city which is owned  by a federal, state, or local government agency and not used for residential  purposes.

    E.  Residential Unit shall mean any parcel of land, building, or any and all dwelling units, including single-family, duplexes, apartments, condominiums, and mobile home courts (by way of example and not limitation) located within the  MS4 jurisdiction of the city, which is used primarily as a residence.

    F.  Roads shall mean any designated public thoroughfare used for transit  on government owned  real estate.

    Section 78-601 Charges Levied. (IC 36-9-23-25).  There shall be Stormwater utility user fees assessed  on each and every non-residential real estate lot and parcel of property, each and every government parcel of real estate, and each and every residential dwelling unit within the MS4 jurisdiction of the City of Warsaw in order that the Stormwater utility shall collect  revenue,  which is designed  to cover the cost of rendering Stormwater services to the  users of the City of Warsaw's storm  drain system and shall be the basis of the assessment of the Stormwater user fee.  This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, variations  in the  requirements for providing such services, as well as future  improvements, capital needs, and regulatory requirements. This rate may be evaluated and adjusted, as necessary,  with regard to its

sufficiency to satisfy the needs  of the Stormwater Utility.

    Exemptions.   Parcels that are entirely unimproved  and remain natural  undisturbed land shall be exempt from the Stormwater user fee.  Railroads and roads are also exempt.

    Classes of Users.  The classes of users of the Stormwater system shall be as follows:

    A.  Residential Unit

    B. Non-Residential Real Estate

Stormwater Rates.

    Until later  revised or amended, the Stormwater Utility shall charge  rates due and payable as hereinafter provided and shall be in an amount, per calendar  month, as follows:

DATE EFFECTIVE

Rate    January 1,    January 1,    January 1,    January 1,    January 1,

        2021        2022    2023    2024    2025

Base Rate    $1.19    $1.51    $1.83    $2.15    $2.47

Variable Rate    $2.67    $3.39    $4.10    $4.82    $5.53

Total    $3.86    $4.90    $5.93    $6.97    $8.00

    Residential owners shall be charged both one base rate and one variable rate per each and every residential unit on the property.

    Non-residential owners shall pay one base rate per sanitary utility tap (minimum of one (1) per contiguous set of real estate parcels),combined with the variable rate for their actual impervious surface on the parcel(s).  Calculations of ERUs will be rounded to the nearest whole number  with the minimum number  set at one (1) ERU.

Section 78-602 Appeals of ERU Determination.

    A.  If, in the opinion of any user,the  ERU assigned to the user's real estate parcel is inaccurate  in light of the number  of dwellings or impervious area of the property,the user shall have the right to contest the ERU determination and thus the Stormwater user fee assessed in accordance with the provisions contained in this section.

    B.  The user shall obtain and complete a" Petition to Appeal Stormwater Assessment" Form which shall be filed with the Stormwater Utility with verifiable documentation supporting the user's claim.  The Utility will have 30 days to investigate the user's claim and,upon review,shall render a written determination that either,the original ERU determination and assessment

should be affirmed,or that the user's rate should be adjusted and how much the adjustment should be.

    C.  The determination made by the utility shall be forwarded by mail.  The user shall

have (15 days from  date of receipt to request reconsideration if dissatisfied with the decision of the Stormwater Utility. Any additional facts concerning the dispute shall be reduced to writing and submitted,along with  a copy of the original petition and supporting documents,to the City of Warsaw Board of Public Works and Safety. The Stormwater Utility also shall submit a written report of the documentation in the case, along with  any documents used,in denying the user's claim or in recommending an adjustment.

    D.  Thereafter, the Board of Public Works and Safety shall review  all documentation and conduct an informal hearing to determine and resolve the dispute based on the documentation submitted and oral testimony. The Board shall issue a determination which shall be binding upon the City of Warsaw Stormwater Utility and the user.  The hearing shall be recorded, and the minutes  of the hearing provided upon request at a cost per page as determined by the secretary for the Board which rate shall be amended from time to time. Any user aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with Indiana law.

    E.  If a Stormwater user's fee is reduced or eliminated by the Stormwater Utility or the Board of Public Works and Safety,or court  of law,the user shall be refunded accordingly  for any overpayment made from the earlier of the date the Stormwater user fee assessment was paid or was due and payable.

    F.  A dispute or appeal of an ERU determination for Stormwater user fee

assessment shall not be a valid reason for non-payment of the originally assessed

Stormwater fee.

Section 78-603 Credits.

    As the purpose of a Stormwater utility is to improve water quality  and that purpose is accomplished through both public education and infrastructure. The Council may adopt a list of "qualified credits" in a future resolution that encourages non-residential users to either adopt best management practices above and beyond the current  Stormwater requirements for new construction that will specifically improve water quality coming from  their property and/or future resolution to provide  an incentive  (or fee reduction) for Schools within the corporate boundaries that provide  certain  water quality educational opportunities to students for the purpose of positively changing lifetime behaviors related to water  quality.

Section 78-604 Minimum monthly charges for all users.

    The minimum charge for any service shall in no event be less than the base fee plus the minimum variable rate as stated in the rate schedule.

Section 78-604 Computation of rates for periods less than a month.

    Service charges for less than a period of one month shall be computed on the basis of the period during which service is rendered.

Section 78-605 Charges to City.

    For services rendered to the city by the utility, the city shall be subject to and pay like rates and charges as provided in this division for governmental users.

Section 78-606 Billing.

    Rates and charges levied under this division shall be billed monthly and shall be due and payable within 30 days after the date set forth in the billing.

    Billing for Stormwater fees authorized by this ordinance shall be effectuated through a charge appearing on the monthly City of Warsaw Wastewater Utility bill.

Section 78-607 Collection.

    (a) The rates and charges established by this division shall be collected  by the city. The Board of Public Works and Safety shall enforce the Indiana statutes  for the regulation, collection, rebating or refunding of such rates and charges.(IC 36-9-23-6)

    (b) It shall be the duty of the officer  charged with the collection of such charges to enforce payment  of such charges,together with penalties  as provided by law. All rates and charges not paid within 30 days following the billing date are hereby declared to be delinquent and a penalty  of ten percent of the amount  of the rates and charges shall thereupon attach thereto. If any such charge shall not be paid for service rendered to any lot,parcel of real estate or building served within 30 days after written notice of the amount due has been given to the owner,such officer  shall proceed to enforce payment as directed by the board of public works and safety or as provided by law.

    (c) The city is authorized  to charge each delinquent account for which it files a lien a delinquent fee in an amount  equal to the current fees as established by the county recorder to record the lien and the fee to release the lien,and the fee to certify the lien, plus fees in amount  that equal the certified mailing costs associated with the delinquent account.

Section 78-608 Severability.

    The terms and provisions  of this ordinance  are determined to be severable;the invalidity or unenforceability of any section,sentence,clause,term,or provision  of this ordinance  shall not affect the validity of any other section, sentence,clause,term,or provision of this ordinance which can be given meaning without such part or parts.

Section 78-609 Effective Date.

    This Ordinance shall be in full force and effect from  and after its passage by the

Common Council, approval by the Mayor and publication as required by law.

Section 78-610 Future Rate Analysis.

    The City shall formally evaluate the stormwater rates, financing plan and capital needs by the end of the current adopted  rate schedule with  assistance from rate consultants and consulting engineers as necessary to provide  for a continued comprehensive plan.

    Presented to and approved by me this_____day of October, 2020.

Mayor Joseph Thallemer, Presiding Officer

Common Council, City of Warsaw

Attest: Lynne Christiansen, Clerk-Treasurer

11-7 hspaxlp

ORDINANCE NUMBER 2020-10-02

AN ORDINANCE AMENDING STORMWATER UTILITY RATES AND CHARGES

    Whereas, The City of Warsaw ("City") has been identified as a Municipal Separate Storm Sewer System (MS4) under the Clean Water Act of 1972 and is required to comply with the Phase II Stormwater Regulation as implemented by the Indiana Department of Environmental Management Rule 13 and comply with the requirements of lAC 327- 15-13 or Rule 13;AND

    Whereas, the City of Warsaw requires funding for the Stormwater Utility established through  Indiana Code 36-9-23-2 as a means to comply with the regulatory requirements; AND

    Whereas, the City of Warsaw requires funding for needed capital improvement projects to reduce flooding and improve  drainage for citizens and businesses within the city; AND

    Whereas, the City of Warsaw has consulted with qualified professional engineers and rate consultants to determine the city's funding needs, develop a fair and equitable funding solution specific to its population to meet the needs of its community;AND

    Whereas all the territory in the City is considered to have received a special benefit  from the collection and disposal facilities of the utility equal to or greater than the fees imposed on the territory under Indiana Code 36-9-23-25 in order to pay all or part of the costs of such facilities;AND

    Whereas, the City has determined a fair and equitable means to equally distribute the cost of funding  water quality initiatives with  all users in the city;AND

    Whereas, the city has determined a fair and equitable way to distribute infrastructure and capital improvement costs fairly among residential and non? residential properties while taking into account runoff  from impervious surfaces;

    NOW THEREFORE, the following is adopted:

    Chapter 78, Article VI. Is now amended in the City Code of Warsaw, Indiana

Section 78-600 Definitions. Unless the content specifically indicates otherwise, the meaning of the terms  in this Article shall be as follows:

    A.   Equivalent Residential Unit (ERU) shall mean a unit value which is equal to the average amount  of impervious surface area for a single family home within the MS4 jurisdiction of the City of Warsaw which is established at three  thousand five hundred fifty (3,550) square feet of impervious area.  The unit value which

will be rounded  to the nearest whole number  will be the basis for calculating the variable portion of the non-residential fee.

    B.   Impervious  Surface Area shall mean the amount, measured in square footage, of the surfaces on a parcel of land that  prevent or impede infiltration of

    Stormwater into the soil as it enters under natural conditions  prior to development. Common impervious areas  include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces  that  impede the natural  infiltration of Stormwater.

    C.  Non-residential Real Estate shall mean any parcel of land or building located

within the  MS4 jurisdiction of the city, which is not used for residential  purposes or defined  under the definition of residential  unit.  Non-residential real estate will include:

    i. Agricultural real estate;

    ii. Commercial real estate;

    iii. Industrial real estate;

    iv. Institutional  real estate;

    v. Church real estate;

    vi. School real estate;

    vii. Utility real estate

    viii. Government real estate;

    ix. Any other  real estate not mentioned in this list and which is not described  by the definition of residential  real estate or government real estate.

    D.  Government Real Estate shall mean any parcel of land or building located within

the  MS4 jurisdiction of the city which is owned  by a federal, state, or local government agency and not used for residential  purposes.

    E.  Residential Unit shall mean any parcel of land, building, or any and all dwelling units, including single-family, duplexes, apartments, condominiums, and mobile home courts (by way of example and not limitation) located within the  MS4 jurisdiction of the city, which is used primarily as a residence.

    F.  Roads shall mean any designated public thoroughfare used for transit  on government owned  real estate.

    Section 78-601 Charges Levied. (IC 36-9-23-25).  There shall be Stormwater utility user fees assessed  on each and every non-residential real estate lot and parcel of property, each and every government parcel of real estate, and each and every residential dwelling unit within the MS4 jurisdiction of the City of Warsaw in order that the Stormwater utility shall collect  revenue,  which is designed  to cover the cost of rendering Stormwater services to the  users of the City of Warsaw's storm  drain system and shall be the basis of the assessment of the Stormwater user fee.  This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, variations  in the  requirements for providing such services, as well as future  improvements, capital needs, and regulatory requirements. This rate may be evaluated and adjusted, as necessary,  with regard to its

sufficiency to satisfy the needs  of the Stormwater Utility.

    Exemptions.   Parcels that are entirely unimproved  and remain natural  undisturbed land shall be exempt from the Stormwater user fee.  Railroads and roads are also exempt.

    Classes of Users.  The classes of users of the Stormwater system shall be as follows:

    A.  Residential Unit

    B. Non-Residential Real Estate

Stormwater Rates.

    Until later  revised or amended, the Stormwater Utility shall charge  rates due and payable as hereinafter provided and shall be in an amount, per calendar  month, as follows:

DATE EFFECTIVE

Rate    January 1,    January 1,    January 1,    January 1,    January 1,

        2021        2022    2023    2024    2025

Base Rate    $1.19    $1.51    $1.83    $2.15    $2.47

Variable Rate    $2.67    $3.39    $4.10    $4.82    $5.53

Total    $3.86    $4.90    $5.93    $6.97    $8.00

    Residential owners shall be charged both one base rate and one variable rate per each and every residential unit on the property.

    Non-residential owners shall pay one base rate per sanitary utility tap (minimum of one (1) per contiguous set of real estate parcels),combined with the variable rate for their actual impervious surface on the parcel(s).  Calculations of ERUs will be rounded to the nearest whole number  with the minimum number  set at one (1) ERU.

Section 78-602 Appeals of ERU Determination.

    A.  If, in the opinion of any user,the  ERU assigned to the user's real estate parcel is inaccurate  in light of the number  of dwellings or impervious area of the property,the user shall have the right to contest the ERU determination and thus the Stormwater user fee assessed in accordance with the provisions contained in this section.

    B.  The user shall obtain and complete a" Petition to Appeal Stormwater Assessment" Form which shall be filed with the Stormwater Utility with verifiable documentation supporting the user's claim.  The Utility will have 30 days to investigate the user's claim and,upon review,shall render a written determination that either,the original ERU determination and assessment

should be affirmed,or that the user's rate should be adjusted and how much the adjustment should be.

    C.  The determination made by the utility shall be forwarded by mail.  The user shall

have (15 days from  date of receipt to request reconsideration if dissatisfied with the decision of the Stormwater Utility. Any additional facts concerning the dispute shall be reduced to writing and submitted,along with  a copy of the original petition and supporting documents,to the City of Warsaw Board of Public Works and Safety. The Stormwater Utility also shall submit a written report of the documentation in the case, along with  any documents used,in denying the user's claim or in recommending an adjustment.

    D.  Thereafter, the Board of Public Works and Safety shall review  all documentation and conduct an informal hearing to determine and resolve the dispute based on the documentation submitted and oral testimony. The Board shall issue a determination which shall be binding upon the City of Warsaw Stormwater Utility and the user.  The hearing shall be recorded, and the minutes  of the hearing provided upon request at a cost per page as determined by the secretary for the Board which rate shall be amended from time to time. Any user aggrieved by the final Board determination shall have the right to judicial review of such determination in accordance with Indiana law.

    E.  If a Stormwater user's fee is reduced or eliminated by the Stormwater Utility or the Board of Public Works and Safety,or court  of law,the user shall be refunded accordingly  for any overpayment made from the earlier of the date the Stormwater user fee assessment was paid or was due and payable.

    F.  A dispute or appeal of an ERU determination for Stormwater user fee

assessment shall not be a valid reason for non-payment of the originally assessed

Stormwater fee.

Section 78-603 Credits.

    As the purpose of a Stormwater utility is to improve water quality  and that purpose is accomplished through both public education and infrastructure. The Council may adopt a list of "qualified credits" in a future resolution that encourages non-residential users to either adopt best management practices above and beyond the current  Stormwater requirements for new construction that will specifically improve water quality coming from  their property and/or future resolution to provide  an incentive  (or fee reduction) for Schools within the corporate boundaries that provide  certain  water quality educational opportunities to students for the purpose of positively changing lifetime behaviors related to water  quality.

Section 78-604 Minimum monthly charges for all users.

    The minimum charge for any service shall in no event be less than the base fee plus the minimum variable rate as stated in the rate schedule.

Section 78-604 Computation of rates for periods less than a month.

    Service charges for less than a period of one month shall be computed on the basis of the period during which service is rendered.

Section 78-605 Charges to City.

    For services rendered to the city by the utility, the city shall be subject to and pay like rates and charges as provided in this division for governmental users.

Section 78-606 Billing.

    Rates and charges levied under this division shall be billed monthly and shall be due and payable within 30 days after the date set forth in the billing.

    Billing for Stormwater fees authorized by this ordinance shall be effectuated through a charge appearing on the monthly City of Warsaw Wastewater Utility bill.

Section 78-607 Collection.

    (a) The rates and charges established by this division shall be collected  by the city. The Board of Public Works and Safety shall enforce the Indiana statutes  for the regulation, collection, rebating or refunding of such rates and charges.(IC 36-9-23-6)

    (b) It shall be the duty of the officer  charged with the collection of such charges to enforce payment  of such charges,together with penalties  as provided by law. All rates and charges not paid within 30 days following the billing date are hereby declared to be delinquent and a penalty  of ten percent of the amount  of the rates and charges shall thereupon attach thereto. If any such charge shall not be paid for service rendered to any lot,parcel of real estate or building served within 30 days after written notice of the amount due has been given to the owner,such officer  shall proceed to enforce payment as directed by the board of public works and safety or as provided by law.

    (c) The city is authorized  to charge each delinquent account for which it files a lien a delinquent fee in an amount  equal to the current fees as established by the county recorder to record the lien and the fee to release the lien,and the fee to certify the lien, plus fees in amount  that equal the certified mailing costs associated with the delinquent account.

Section 78-608 Severability.

    The terms and provisions  of this ordinance  are determined to be severable;the invalidity or unenforceability of any section,sentence,clause,term,or provision  of this ordinance  shall not affect the validity of any other section, sentence,clause,term,or provision of this ordinance which can be given meaning without such part or parts.

Section 78-609 Effective Date.

    This Ordinance shall be in full force and effect from  and after its passage by the

Common Council, approval by the Mayor and publication as required by law.

Section 78-610 Future Rate Analysis.

    The City shall formally evaluate the stormwater rates, financing plan and capital needs by the end of the current adopted  rate schedule with  assistance from rate consultants and consulting engineers as necessary to provide  for a continued comprehensive plan.

    Presented to and approved by me this_____day of October, 2020.

Mayor Joseph Thallemer, Presiding Officer

Common Council, City of Warsaw

Attest: Lynne Christiansen, Clerk-Treasurer

11-7 hspaxlp
Have a news tip? Email [email protected] or Call/Text 360-922-3092

e-Edition


e-edition

Sign up


for our email newsletters

Weekly Top Stories

Sign up to get our top stories delivered to your inbox every Sunday

Daily Updates & Breaking News Alerts

Sign up to get our daily updates and breaking news alerts delivered to your inbox daily

Latest Stories


The Penalty Box: The Hatred Of Caitlin Clark
Caitlin Clark set the sports world on fire during her last two years of college, and it hasn’t changed a lot since she moved to Indianapolis.

Kosciusko County
Additional Appropriation

Triton School Corporation
Meeting

Kosciusko County
Budget Reductions

Kosciusko County
Additional Appropriations