Amendments and Repeals

Sections of this ordinance have since been Amended By - 1-2009 

AN ORDINANCE AMENDING ORDINANCE NO. 2-1990, ORDINANCE NO. 3-2000, AND ORDINANCE 9-2004, OF THE TOWN COUNCIL OF THE TOWN OF LAPEL, INDIANA, ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR THE USE OF AND SERVICES RENDERED BY THE SEWAGE WORKS SYSTEM OF THE TOWN AND OTHER MATTERS ASSOCIATED THEREWITH.

WHEREAS, the Town Council of the Town of Lapel, Indiana, has constructed and acquired, and does now own and operate, a municipal sewage works system for the treatment of waste water for the benefit of the residents of the Town of Lapel; and

WHEREAS, the Town of Lapel anticipates continued improvements and upgrading of the municipal sewage works system (hereinafter referred to as "the Sewage Works") for the treatment of waste water for the benefit of the residents of the Town of Lapel; and

WHEREAS, the Town Council of the Town of Lapel has previously adopted on May 11, 2000, Ordinance No. 3-2000, amending Ordinance No. 2-1990 (hereinafter referred to as "1990 Ordinance"), which Ordinance provides for the rates and charges for the use of and services rendered by the Sewage Works of the Town of Lapel; and

WHEREAS, in connection with the extension of Sewage Works to the service area known as Fishersburg, the Town Council of the Town of Lapel has previously adopted on September 16, 2004, Ordinance No. 9-2004 (hereinafter referred to as "2004 Ordinance"), and Ordinance No. 10-2005 (hereinafter referred to as "2005 Ordinance", and collectively with the 1990 Ordinance and 2004 Ordinance, hereinafter referred to as "Prior Ordinances"), previously adopted on June 16th, 2007, establishing the rates and charges for the use of and services rendered by the Sewage Works of the Town of Lapel for such service area; and

WHEREAS, the Town of Lapel has caused a financial rate study of the Sewage Works and its rates and charges to be prepared by Patrick Callahan, CPA. Based upon the results of the study, the Town Council now determines that the rates and charges for the use and services rendered by the Sewage Works should be revised to produce sufficient income to maintain the Sewage Works in a sound physical and financial condition to render adequate and sufficient service. The revised rates and charges should allow a reasonable rate of return on the utility plant in service and allow an amount sufficient to compensate the Town of Lapel for taxes due the Town of Lapel which would be paid on the utility property in service were it privately owned; and

WHEREAS, the Town Council of the Town of Lapel now determines that proper notice has been given as required by Indiana Code 36-9-23-26, and that a public hearing on the proposed revised schedule of rates and charges was held on the 16th day of June, 2005. 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAPEL, INDIANA, AS FOLLOWS:

Section 1. That the Prior Ordinances, are hereby amended by adding the following section:

Section 6. That the calendar monthly rate for sewer utility service for customers in the Fishersburg service area for an unoccupied residence or improvement shall be $18.50.

That all other Sections of the Prior Ordinances shall remain in full force and effect as stipulated in Ordinance No. 10-2005.

Passed and Adopted by the Town Council of the Town of Lapel, this 18th day of December, 2008.

Further Information

9-2008
Date Passed: 12/18/2008