NOTICE OF PUBLIC HEARING RECONVENED APRIL 24, 2025

Notice is hereby given that the Town Council of the Town of Shipshewana, Indiana on April 24, 2025 at 4:00 p.m. in the Shipshewana Town Hall located at 345 Morton St., Shipshewana, Indiana 46565 will reconvene and resume its adjourned public hearing, which was held on April 10, 2025, concerning the adoption of two proposed ordinances that would increase the rates and charges for the provision of wastewater services in the Town.  All users of the Town’s wastewater services, all owners of property served or to be served by the services, and other interested persons may be heard concerning the proposed ordinance.

After the hearing, which may be adjourned from time to time, the Town Council, after considering all testimony, may take final action on the ordinance or may defer final action until a subsequent meeting.  A full copy of the ordinances as introduced may be examined at the Office of the Clerk-Treasurer.  A copy of the proposed schedule of rates and charges follows.

Following adoption of the ordinances, users of the sewage works with property located inside or 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 the users if a petition under IC 8-1.5-3-8.2 or under IC 36-9-23-26.1 has not been filed.

Dated this 14th day of April 2025.

TOWN COUNCIL OF THE
TOWN OF SHIPSHEWANA, INDIANA
/s/ Tad Hite, Clerk-Treasurer

TOWN OF SHIPSHEWANA, INDIANA
ORDINANCE NO. 2025-04-10-A/B

ORDINANCE INTRODUCING USAGE RATES, FEES, AND CHARGES RELATED TO THE TOWN’S SEWAGE WORKS.

1. Each billing cycle, the utility billing administrator shall assess a usage charge on each wastewater account.
2. The amount of the usage charge shall equal the sum of a volume charge plus a capital charge in the following amounts:
   1. Volume Charge. The volume charge is assessed based on the customer’s water usage for the billing cycle, as measured by the respective water meter, at the following rates:

1. Capital Charge. The capital charge is assessed based on customer class, as follows:

1. The utility billing administrator shall assess on the respective wastewater account of certain industrial customers or commercial customers an excess strength treatment surcharge as reasonably directed by the Superintendent based on the following rates.

1. Tap-In Charge. Prior to any customer’s connection to the sewage works, the utility billing administrator shall assess and collect a tap-in charge to the customer in the amount of:
   1. Two Thousand Five Hundred Dollars ($2,500.00) for a residential customer; and
   2. $2,500.00 per EDU, as estimated by the Town Council, for any commercial, industrial, multi-family, and public authority
2. Service Charge. Whenever the Town reasonably orders any tap-in, meter installation, or related services for the area of a unit from the main to the curb stop, the respective customer shall promptly pay the contractor or other person designated by the Town a service fee in an amount equal to the cost of labor and materials necessary to perform the services.
3. Late Registration Charge. Except as the utility billing administrator may determine to be good cause, if all previously registered owners of a unit are no longer owners with respect to that unit and if no account for the unit has been timely registered with respect to a new owner of the unit, then the utility billing administrator shall assess on the respective wastewater account a one-time late registration charge of One Hundred Dollars ($100.00).
4. Late Payment Charge. Whenever the wastewater portion of a properly assessed utility bill has not been timely paid in full, the unpaid portion shall be considered delinquent.  The utility billing administrator shall assess on the respective wastewater account a one-time penalty in an amount equal to ten percent (10%) of the delinquent portion.
5. Surveillance Charge. Whenever the Town is required or is requested to perform an independent consultant test with respect to a unit’s wastewater or related infrastructure, the utility billing administrator shall assess on the respective wastewater account a surveillance charge in an amount equal to the total cost of the test.
6. Equipment Replacement. Whenever the Town replaces infrastructure of the sewage works or private sewer facilities for causes properly attributable to a customer, owner, tenant, or other person, the utility billing administrator shall assess on the respective wastewater account an equipment replacement fee in an amount equal to One Hundred Fifty Percent (150%) of the costs incurred by the Town.
7. After-Hours Service Charge. Whenever a customer requests that the Town send an employee or other agent to address a concern with the customer’s wastewater service outside of regular business hours, the utility billing administrator shall assess on the respective wastewater account an after-hours service charge of Thirty Dollars ($30.00) per responder on each call, plus an additional $30.00 per hour after the first hour of service.
8. Permit Review Charge. Whenever new circumstances obligate the Superintendent to review a customer permit, the Superintendent may direct the utility billing administrator to assess on the respective wastewater account a permit review charge of Thirty Dollars ($30.00).
9. Administrative Appeal Fee. The amount required to file an administrative appeal pursuant to the Wastewater Utility Administration Ordinance is Fifty Dollars ($50.00).
10. Hauling Charges. The rate for depositing sewage or sludge from private septic haulers is $46.80 per $1,000 gallons of sewage.

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