AN ORDINANCE AMENDING ORDINANCE NO. 2-1990, ORDINANCE NO. 3-2000, ORDINANCE 9-2004, AND ORDINANCE NO. 10-2005, 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 HEREWITH.

WHEREAS, the Town Council of the Town of Lapel, Indiana, has constructed and acquired, and does now own and operate, a municipal sewage works sytem 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, and increased operation expense 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, the Prior Ordinances, adopted and establishing the rates and charges for the use and services rendered by the Sewage Works of the Town of Lapel, for the service area of the Town of Lapel and Fishersburg; 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. That the above referenced rate study is attached and made a part of this Ordinance and is marked Exhibit A. Further that the Town of Lapel specifically adopts the "proposed rates" contained in that rate study, which appear in Column A; 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 18th day of December, 2008, in the Town of Lapel, Madison County, Indiana.

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

That the Prior Ordinances, are hereby amended to reflect the rate for all included users as specifically set forth in Exhibit A, Column A, entitled "Proposed Rates".

Further that those proposed rates are now ordained, adopted, and approved by the Town Board of Lapel.

The revised rates and charges provided in this Ordinance shall go into effect in the April 1, 2009 billing period and after the adoption of this Ordinance.

The Ordinance shall remain in full force and effect from and after its passage and adoption.

Except as hereby amended and revised, the Prior Ordinances shall remain in full force and effect.

Passed and Adopted by the Town Council of the Town of Lapel, this 15th day of January 2009.

Exhibit A

Further Information

1-2009
Date Passed: 1/15/2009