NOTICE OF HEARING Town of Pierceton Waterworks TO: Users and Other Interested Persons of the Waterworks of the Town of Pierceton, Indiana YOU ARE HEREBY NOTIFIED that on December 8, 2014 at 6:30 p.m., at the Community Building located at 103-105 Walnut Street, Pierceton, Indiana, the Town Council of the Town of Pierceton, Indiana will hold a public hearing upon Ordinance No. 2014-11-2, Introduced on November 10, 2014, which Ordinance provides for water rates and charges as follows: (a) Metered Consumption Per Month Monthly Rate Per 1,000 Gallons First 3,333 gallons $8.59 Next 6,667 gallons 7.12 Next 6,667 gallons 5.54 Next 20,000 gallons 5.08 Next 233,333 gallons 3.05 Over 270,000 gallons 2.53 (b) Minimum Charge Per Month Each user shall pay a minimum monthly charge in accordance with the following applicable size of meter installed, which charge shall be applicable if the monthly charge for use is less than this minimum charge, and which minimum monthly charge takes into consideration the minimum overhead expense of the Town that exists with respect to each user in maintaining and providing billing, the cost of maintaining a system to have available the quantity of water that can be used through such a line, including but not limited to the cost of maintaining lines within the Town, and the cost of billing, collecting, and accounting for payments made by the user, which minimum monthly charges are as follows: Meter Size Minimum Charge per Month 5/8" - 3/4" $20.40 1" 34.05 1 1/4" 51.00 1 1/2" 67.95 2" 101.80 3" 203.55 4" 305.35 6" 464.10 (c) Fire Protection Charges 1. Hydrant Rental Rate Per Annum Municipal Hydrants - Per Hydrant $781.05 Private Hydrants - Per Hydrant 977.55 2. Sprinkler Connections 4" Fire Line $468.54 6" Fire Line 1,057.90 8" Fire Line 1,882.00 10" Fire Line 2,939.60 (d) Tap Charge A tap charge shall be collected from each customer prior to connection to the water system. The charge shall be an amount sufficient to reimburse the Town for the labor, material and overhead necessary for tapping a main to the property line (including the curb stop) and the cost of furnishing and installing a suitable water meter, provided however, that in no event shall a charge for such connection be less than $750.00, unless all materials and installation are obtained and made by the customer, with the consent of the waterworks, in which event the tap charge shall be $250.00 plus the cost of the meter. All water meters become and remain the property of the waterworks once installed, whether purchased by the customer or the Town. (e) Temporary Users Water furnished to temporary users, such a contractors, etc., shall be charged on the basis of the metered rates hereinbefore set forth as estimated and established by the Waterworks Superintendent. (f) Collection and Deferred Payment Charge All bills for water services not paid within fifteen (15) days from the due date thereof, as stated in such bills, shall be subject to the collection or deferred payment charge of ten percent (10%) of the first $3.00 and three percent (3%) on the excess over $3.00. In the event of legal action to collect an unpaid water bill, the user shall pay the reasonable attorney's fees incurred by the Town. (g) Deposit Any person or entity applying for water service shall, prior to such service being furnished, pay to the Waterworks System a deposit, which deposit shall be held by the Waterworks without interest obligation to the user, and which deposit, upon termination of water service to the user, shall be applied to any amount owed to the Waterworks for rates and charges, and the balance then remaining after such application, shall be returned to the user, and which deposit shall be in the following amount, to-wit: DEPOSIT AMOUNT: Three (3) times minimum monthly charge rounded up to the nearest whole dollar. When a user, has for a continuous period of five (5) years, paid each monthly water user charge when due, the user shall be entitled to a refund of that user's deposit. (h) Out of Town Rates: The rates for service of property in Town and for the service to property outside of Town are the same, therefore the rates are not different. Any user of the Town of Pierceton, Indiana Waterworks, any owner of property served or to be served by the Waterworks, 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 103-105 Walnut Street, Pierceton, Indiana and those comments will be considered at the hearing. The hearing will be held in accordance with I.C. 8-1.5-8.1, 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 shall adopt the ordinance establishing the rates and charges, either as originally introduced or as modified. 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 and the municipal clerk. An ordinance adopted after March 31, 2012, 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 language the percentage difference between the rates and charges. However, the proposed ordinance does not impose different rates and charges for users. Following adoption of the ordinance the users of the works for service to property located outside the municipality's corporate boundaries may be entitled to petition the commission under IC 8-1.5-3-8.3 to review and adjust the rates and charges imposed on the users if a petition under section IC 8-1.5-3-8.2 or under IC 36-9-23-26. with respect to the same rate ordinance has not been filed. JANET CASTLE, Clerk-Treasurer Town of Pierceton, Indiana PO Box 496 Pierceton, IN 46562 Tel: 574-594-2231 Prepared by James L. Walmer Attorney for the Town of Pierceton. 11-20 hspaxlp