An Ordinance Modifying Rates & Charges Related to the Town of Shipshewana Waterworks (2023)

Notice is hereby given that the Town Council of the Town of Shipshewana, Indiana will hold a public hearing concerning the adoption of a proposed ordinance whereby certain current service rates, fees, and charges of the waterworks will be increased by 15% with respect to customers located outside the Town.  All interested persons may be heard concerning such items.

Notice is further given that the hearing will be held on March 23, 2023 at 6:00 p.m. in the Shipshewana Town Hall located at 345 Morton St., Shipshewana, Indiana 46565.  After such hearing, which may be adjourned from time to time, the Town Council, after considering all testimony, may take final action on the ordinance or defer final action until a subsequent meeting.

Following adoption of the ordinance, users of the waterworks with property located outside the Town’s corporate boundaries may be entitled to petition the Indiana Utility Regulatory Commission to review and adjust the rates and charges imposed on such users if a petition under IC § 8-1.5-3-8.2 or under IC § 36-9-23-26.1 has not been filed.

A copy of the ordinance as introduced may be examined at the office of the Clerk-Treasurer.  A copy of the proposed rates and charges follows.

Dated this 17th day of February 2023.

TOWN COUNCIL OF THE TOWN OF
SHIPSHEWANA, INDIANA
By: Tad Hite, Clerk-Treasurer

AN ORDINANCE MODIFYING RATES AND CHARGES RELATED TO THE TOWN OF SHIPSHEWANA WATERWORKS.

1. Usage Rate. For the availability, use of, and/or service rendered by the waterworks, the following monthly usage rates shall apply:

1. Monthly Charge. This subsection does not apply to a person who is a customer only with respect to Fire Protection Services.  Except as provided in Subsection (C), the utility billing clerk shall assess on each utility bill an amount based on the monthly usage reading, as determined from a unit’s water meter and as applied to the applicable rate provided in Subsection (A).
2. Monthly Minimum Payment. If the amount assessed by the utility billing clerk for the monthly usage charge should not meet the following minimum totals on a per-meter-size basis, the following totals shall be respectively assessed to the utility bill instead:

1. Debt Service Charge. The utility billing clerk shall assess on each utility bill a debt service surcharge for the cost of construction of the waterworks in accord with the following applicable monthly rates:

1. Fire Protection Monthly Rate. The utility billing clerk shall assess on each utility bill a fire protection charge in accord with the following applicable monthly rates:

1. Fire Hydrant Charges.
   1. To the extent that a customer or owner requests that a fire hydrant connected to the waterworks service the customer’s or owner’s property, the utility billing clerk shall assess on the customer’s or owner’s utility bill a fire hydrant charge in accord with the following applicable yearly rates:

2. Water taken from a fire hydrant for any purpose shall be charged at the regular metered rates; provided, however, that the following shall apply:
   1. water taken from a fire hydrant used in an emergency on behalf of an owner, tenant, or customer shall be payable by and charged to that person unless such person should have previously sent current written notice to the nearest fire department refusing such service; but
   2. water used in an emergency on behalf of the Town shall incur no charge.
3. Annual Sprinkler Charge. To the extent that a customer has available, uses, or is serviced by a sprinkler connection that is connected to the waterworks, the utility billing clerk shall assess on that customer’s utility bill a sprinkling charge based on the diameter of the connection in accord with the following applicable annual rates:

40. Water Hauling. To the extent that a person takes water from the waterworks or a body of water in the Town, the utility billing clerk shall assess on that person’s utility bill a water hauling charge of Forty Dollars ($40.00) for any amount up to 6,000 gallons plus Two and 11/100 Dollars ($2.11) per 1,000 gallons in excess thereof.
41. Billing Charge. The utility billing clerk shall assess on each utility bill a billing charge to recover account administration (e.g., monthly billing) and consulting costs incurred in operating the waterworks in accord with the following applicable monthly rates:

1. Late / Deferred Payment Charge.
   1. To the extent that any portion of a utility bill related to the Water Department that remains unpaid by the date on which it is due pursuant to the Town’s customary billing practices, the utility billing clerk shall assess on the utility bill a late or deferred payment charge in the amount of Ten Percent (10%) of the first Three Dollars ($3.00) plus Three Percent (3%) on any excess amount thereof.
   2. The charge incurred under this subsection shall be imposed only once with respect to any month for which an unpaid balance exists.
2. Effective Date. This ordinance shall be deemed effective as of May 1, 2023.

[1] Based on a 3,000-gallon minimum amount.