ORDINANCE NO. 2011-03

AN ORDINANCE OF THE TOWN OF

CHESTERTON, PORTER COUNTY, INDIANA, AMENDING ITS TOWN CODE CONCERNING RATES AND CHARGES TO BE COLLECTED BY THE TOWN FROM THE OWNERS OF PROPERTY SERVED BY THE TOWN’S

SEWAGE WORKS

WHEREAS, the Town of Chesterton owns and operates sewage works for the purpose of collecting and disposing of sanitary sewage in an appropriate manner; and

WHEREAS, the Town of Chesterton has previously established rates and charges to be collected by the Town from the owners of property served by the Town’s sewage works in accordance with Indiana Code 36-9-23-25(a) ; and

WHEREAS, Section 25-87 of the Chesterton Town Code provides that the Town shall cause a study to be made every two years of the rates and charges for sewage services for the purposes of reviewing the fairness, equity and proportionality of the rates and charges for sewage services; and that the Town shall, upon completion of said study, revise and adjust the rates and charges, as necessary, in order to maintain the proportionality and sufficiency of the rates; and

WHEREAS, the Chesterton Utility Service Board has caused a study of the rates and charges in accordance with the Town Code and has recommended the adoption of the rates and charges contained in this Ordinance; and

WHEREAS, legal notice has been given and a public hearing has been conducted, all as required by law, concerning the changes contained in this Ordinance; and

WHEREAS, the Chesterton Town Council, having studied the matter and given consideration to the factors contained in I.C. 36-9-23-25, now finds it necessary to amend previously established rates and charges to be collected by the Town for services rendered by its sewage works.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Chesterton Town Council as follows:

SECTION 1: That effective April 1, 2011, Section 25-83(A) and Section 25-83(B)of the Chesterton Town Code shall be amended and hereafter read as follows:

A. The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read bi-monthly and the users shall be billed bi-monthly (or period equaling two months). The water usage schedule is as follows:

All Class I users:

1. a. Treatment rate per 100 cubic feet of usage per reading period:

I/I User Debt Charge Charge Service Total

$0.61 $2.36 $1.20 $4.17

b. Treatment rate per 1000 gallons of usage per reading period:

I/I User Debt Charge Charge Service Total

$0.82 $3.15 $1.60 $5.57

2. Base rate Bi-monthly:

Metered Users:

Water Meter

Size (inches) User Debt

Charge Service Total

5/8" - 3/4" $16.50 $4.60 $21.10

1" $31.40 $11.50 $42.90

1 1/4”-1-1/2” $64.12 $26.68 $90.80

2" $105.80 $46.00 $151.80

3" $234.85 $105.80 $340.65

4" $413.50 $188.60 $602.10

6" $919.70 $423.20 $1,342.90

8" $1,634.30 $754.40 $2,388.70

10" $2,547.40 $1,177.60 $3,725.00

12" $3,668.90 $1,697.40 $5,366.30

B. For all users of the sewage works that are unmetered water users or accurate meter readings are not available, the bi-monthly charge shall be determined by equivalent single-family dwelling units, except as herein provided. Sewage service bills shall be rendered bi-monthly (or period equaling two months). The schedule on which said rates and charges shall be determined is as follows:

Unmetered Users:

Bi-Monthly Rate

User Debt

Charge Service Total

Residential: Single-family

Dwelling Unit: $56.20 $20.60 76.80

Outside Users Monthly Rate

Flow rate per 1,000 gallons $ 3.15

Flow rate per 100 cu.ft. $2.36

Porter $971.50

Indian Boundary $102.58

SECTION 2: That effective April 1, 2011, Section 25-85(A) of the Chesterton Town Code shall be amended and hereafter read as follows:

A. Additional charges, for treating stronger-than-normal domestic waste shall be made on the following basis:

1. Rate surcharges based on suspended solids. There shall be an additional charge of thirty cents ($0.30) per pound of suspended solids for suspended solids received in excess of two hundred (200) milligrams per liter of fluid.

2. Rate surcharges based on BOD. There shall be an additional charge of thirty cents ($0.30) per pound of biochemical oxygen demand for BOD received in excess of two hundred (200) milligrams per liter of fluid.

3. Rate surcharges based upon ammonia. There shall be an additional charge of one dollar twenty cents ($1.20) per pound of ammonia for ammonia received in excess of thirty (30) milligrams per liter of fluid.

4. Rate surcharges based upon phosphorus. There shall be an additional charge of one dollar twenty cents ($1.20) per pound of phosphorus for phosphorus received in excess of ten (10) milligrams per liter of fluid.

SECTION 3: That effective April 1, 2011, Section 25-88(B) of the Chesterton Town Code shall be amended and hereafter read as follows:

B. The fee for a single-family connection to the Town’s sanitary sewer system shall be determined as follows:

Calendar Year Single Family Connection

2011 2,606.00

2012 2,682.00

2013 2,758.00

2014 2,834.00

2015 2,910.00

2016 2,986.00

2017 3,062.00

2018 3,138.00

2019 3,290.00

SECTION 4: That effective April 1, 2011, the example illustrating the calculation of the connection fee following Section 25-88(C) of the Chesterton Town Code shall be amended and hereafter read as follows:

Example: 10,000 sq. ft. dental clinic connecting on 8/1/2011

Single-family connection fee $2,606.00

Capacity factor .001075

Square feet 10.000

Multiplier 10.75

Connection fee: $28,014.50

SECTION 5: This Ordinance shall be in full force and effect on April 1, 2011, after its adoption and publication as required by law.

ALL OF WHICH IS PASSED AND ADOPTED by the Chesterton Town Council, Porter County, Indaina, this 14 day of March, 2011.

CHESTERTON TOWN COUNCIL

Sharon Darnell, President

Jeff Trout

Emerson Delaney

James G. Ton

Nicholas Walding

Attest: Gayle S. Polakowski

Clerk-Treasurer

(March 17, 2011)