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WINONA SEWER RATES

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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 January 2, 2018 at 5:00 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. 2017-12-1 which was Introduced by the

Town Council on December 19, 2017 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 AND BILLING

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:

B.RATE STRUCTURE FOR SERVICE

Unmetered Monthly Rates Flat Monthly Rates

Unless Otherwise Noted

1. Single Family Residential Dwelling Units: $47.00 for each unit

2. 10D Single Family Residential Units: $47.00 for each unit

(5 persons constitute one unit)

3. Mobile Homes (Pad) $47.00 for each unit

4. Rooming House Room (each room) $10.20 for each room

5. Bed and Breakfast; Dormitory $47.00 plus

Plus $10.20 for each room

6. Offices, store, shops, etc. $47.00 for first 2 employees

Plus $10.20 per person over 2

7. Service Stations $99.30

8. Self-Service Laundries $34.70 per machine

9. Restaurant $99.30

Plus $3.92 per seat over 20

10. Schools $3.92 per student

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 $20.15/thou. Gal.

Next 8,000 gallons per month $20.80/thou. Gal.

Next 30,000 gallons per month $11.50/thou. Gal.

Next 60,000 gallons per month $8.25/thou. Gal.

Over 100,000 gallons per month $6.55/thou. Gal.

Minimum Monthly Charges

Water Meter Size Minimum charges

3/4” to 5/8” $68.00

1” $154.00

1 1/4” $249.00

1 1/2” $412.00

2” $504.00

3” $745.00

4” $1,235.00

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 2018.

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 Forty-One (41) 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 Fifty-Eight (58) 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

(c) SUSPENDED SOLID/OXYGEN DEMAND.

SECTION 4:. CHARGE FOR REPLACEMENT OF PAYMENT BOOKS OR

COUPONS

Payment books or coupons for the monthly payment of wastewater

charges may be issued to an individual or entity, but the payment

book or coupons is/are for a specific real property as it is the

obligation of the specific real property to pay the rates and charges.

The initial payment book or coupons shall be issued without an

expense to the resident; however, if a subsequent payment book or

coupons is/are needed to replace the payment book or coupons

initially issued, then a charge of Six Dollars ($6.00) due and payable in

advance shall be made for each such replacement book or set of

coupons.

SECTION 5. DISHONORED CHECKS

With respect to each wastewater use charge, coupon book charge,

tap fee, or other charges provided for by this Ordinance or any other

Ordinance of the Town for wastewater charges, which is paid by a

check that is dishonored, there shall be assessed a surcharge of

Twenty Dollars ($20.00) or Five Percent (5%) of the check, not to

exceed a charge of Two Hundred Fifty Dollars ($250.00). This surcharge

shall be added to the wastewater use fee and shall be immediately

due and payable without notice.

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 entitle 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 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 James L. Walmer

Attorney for the Town of Winona Lake, Indiana

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