Winona Lake Hearing & Special Meeting
December 7, 2021 at 1:07 p.m.
By -
Town of Winona Lake, Indiana
TO: Users and Other Interested Person of the Trash Collection
for the Town of Winona Lake, Indiana
NOTICE IS HEREBY GIVEN that on December 28, 2021 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 at a Special Meeting regarding Ordinance No. 2019-12-1 which will be introduced by the Town Council on December 21, 2021. The Ordinance provides for the amending, by increasing the schedule of charges for garbage disposal, as follows:
Section 1: Rate Structure
A. For the garbage collection service provided by Town of Winona Lake, the owners of each and every lot, parcel or real estate or building or parts of buildings in possession of the diverse persons that are utilizing or that are able to utilize the Town of Winona Lake's garbage collection system, shall pay the following monthly fees, to-wit:
1. Dwelling units
a. Family units - single or double $8.00 each unit
b. Apartment units $8.00 each unit
c. Condominiums $8.00 each unit
B. Billing - The fees provided by this Ordinance shall be payable on the twenty-eighth (28th) day of each month commencing January 1, 2022. The fees shall be considered delinquent if not paid by the tenth (10th) day of the month following the day the payment is due. Payments shall be applied to the oldest outstanding balance. As provided by IC 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.
Section 2: The fees required herein shall be collected in the manner provided for the collection of sewer use fees as provided by IC 36-9-23 which includes but is not limited to the fees being a lien upon the real estate for which the service is available, and the right of the Clerk-Treasurer of the Town to certify the amount of the bill, plus additional administrative costs incurred to the County Recorder and the County
Treasurer to be a lien upon and to be collected as taxes upon the real estate for which the service was available.
Section 3: Ordinance Number 2019-11-3 of the Town of Winona Lake is hereby superseded by this Ordinance, provided however, that the existing rates and charges provided for in Ordinance Number 2019-11-3 shall remain in effect until the rates and charges provided by this ordinance shall become effective. All other ordinances of the Town not in conflict herewith shall remain in full force and effect.
Section 4: Each and every part of this Ordinance is severable, so that if any part of this Ordinance is declared unenforceable, each and every other part shall remain in full force and effect.
Section 5: This Ordinance will become effective upon its adoption and publication as required by law.
Any 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’s collection and disposal of garbage, any owner of property served or to be served by the collection and disposal of garbage, 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 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. 36-9-30-21 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
12-9 hspaxlp
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Town of Winona Lake, Indiana
TO: Users and Other Interested Person of the Trash Collection
for the Town of Winona Lake, Indiana
NOTICE IS HEREBY GIVEN that on December 28, 2021 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 at a Special Meeting regarding Ordinance No. 2019-12-1 which will be introduced by the Town Council on December 21, 2021. The Ordinance provides for the amending, by increasing the schedule of charges for garbage disposal, as follows:
Section 1: Rate Structure
A. For the garbage collection service provided by Town of Winona Lake, the owners of each and every lot, parcel or real estate or building or parts of buildings in possession of the diverse persons that are utilizing or that are able to utilize the Town of Winona Lake's garbage collection system, shall pay the following monthly fees, to-wit:
1. Dwelling units
a. Family units - single or double $8.00 each unit
b. Apartment units $8.00 each unit
c. Condominiums $8.00 each unit
B. Billing - The fees provided by this Ordinance shall be payable on the twenty-eighth (28th) day of each month commencing January 1, 2022. The fees shall be considered delinquent if not paid by the tenth (10th) day of the month following the day the payment is due. Payments shall be applied to the oldest outstanding balance. As provided by IC 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.
Section 2: The fees required herein shall be collected in the manner provided for the collection of sewer use fees as provided by IC 36-9-23 which includes but is not limited to the fees being a lien upon the real estate for which the service is available, and the right of the Clerk-Treasurer of the Town to certify the amount of the bill, plus additional administrative costs incurred to the County Recorder and the County
Treasurer to be a lien upon and to be collected as taxes upon the real estate for which the service was available.
Section 3: Ordinance Number 2019-11-3 of the Town of Winona Lake is hereby superseded by this Ordinance, provided however, that the existing rates and charges provided for in Ordinance Number 2019-11-3 shall remain in effect until the rates and charges provided by this ordinance shall become effective. All other ordinances of the Town not in conflict herewith shall remain in full force and effect.
Section 4: Each and every part of this Ordinance is severable, so that if any part of this Ordinance is declared unenforceable, each and every other part shall remain in full force and effect.
Section 5: This Ordinance will become effective upon its adoption and publication as required by law.
Any 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’s collection and disposal of garbage, any owner of property served or to be served by the collection and disposal of garbage, 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 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. 36-9-30-21 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
12-9 hspaxlp
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