ORDINANCE 2010-06

AN ORDINANCE AMENDING ORDINANCE NO. 2007-06 AND ESTABLISHING STORMWATER RATES FOR THE PURPOSE OF MEETING STATE MANDATES REGARDING THE MANAGEMENT OF STORMWATER

WHEREAS, the Town of Leo-Cedarville, Indiana (“Town”) has adopted the provisions of Indiana Code 8-1.5-5 establishing a Department of Stormwater Management; and

WHEREAS, the Town Council is responsible for establishing, reviewing, and revising rates for these services; and

WHEREAS, the Leo-Cedarville Board of Stormwater Management has held a public hearing pursuant to the provisions of I.C. 8-1.5-5-7 after providing notice given under I.C. 5-3-1, and thereafter voted to adopt the following stormwater user fee rates and charges; and

WHEREAS, pursuant to I.C. 8-1.5-5-7 before such rates can become effective and before the Board can assess such user fees, the Leo-Cedarville Town Council must approve such user fee rates and charges; and

WHEREAS, Town Council finds that in order to meet the mandates from the State of Indiana that provisions must be made to study, design, and implement a system for the safe and efficient disposition of Town Stormwater and that funds be made available for such purpose; and

WHEREAS, the Town Council based upon the recommendation of the Stormwater Board finds that may impose a stormwater user fee on each and every lot or parcel of the real property within the corporate boundaries of the Town, including those classified as non-profit or tax-exempt, for services and facilities provided by the stormwater utility. This user fee is deemed necessary to pay for the repair, replacement, planning, improvement, operation, regulation, and maintenance of the existing and future stormwater system of the Town; and

WHEREAS, the Town Council finds that cemeteries pose a particular difficulty pertaining to Stormwater user fees since cemeteries, by in large have no on-going revenue stream with which to fund the fees and since the cemetery land practically speaking has no resale value. The Town Council finds therefore that there is a legitimate public purpose in waiving Stormwater user fees for cemeteries within the Town’s corporate boundaries; and

WHEREAS, there is hereby assessed a stormwater utility user fee in an amount as determined below.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, INDIANA;

Section 1. For the purpose of this Ordinance, and equivalent residential unit (“ERU”) is defined as the amount of impervious area included upon an average residential property. Based on a study performed by the Town’s consulting engineer it has been determined that an Equivalent Residential Unit equals approximately 6,685 square feet of impervious area. An “impervious area” refers to those surface areas of residential and non-residential properties, which water will not penetrate and from which Stormwater runoff will be produced.

Section 2. Residential Property – All property deemed residential will be charged based upon 1 ERU in accordance with the following:

Monthly Fee Per ERU $6.30

Section 3. Non-Residential Users – The monthly stormwater fee is to be paid by each non-residential user and shall be calculated based upon the total impervious area, divided by the average residential impervious area of 6,685 square feet, multiplied by the monthly fee per ERU established under Section 2.

Section 4. Cemeteries – no fee shall be charged to cemeteries.

Section 5. Non-Residential property owners that have made improvements to their lot or parcel that has resulted in a significant reduction in the amount of stormwater run-off may apply to the Stormwater Utility Board for a credit to be applied to their monthly bill. The credit shall only be allowed at the discretion of the Board pursuant to a standard that shall be established by a resolution by the Board and in no event shall the credit exceed 25%.

Section 6. In no event shall a customer pay a monthly rate that is less than the rate per 1 ERU. In no event shall a customer pay a monthly rate that is more than $265.00 per month.

Section 7. Bills or statements for the stormwater utility fee shall be rendered monthly, or at the discretion of the Board, for all properties subject to the fee. Bills shall be payable within 30 days from the date of the bill and shall be paid at the Leo-Cedarville Town Hall. If any charge shall not be paid within the said 30-day period during which it shall become due and payable, a delayed payment charge of 10% of the amount of the bill shall be added thereto and collected therewith.

Section 8. All parts of previous ordinances in conflict herewith are repealed to the extent of said conflict.

Section 9. This Ordinance shall be in full force and effect upon its adoption by the Leo-Cedarville .

PASSED AND ADOPTED by the Town Council of the Town of Leo-Cedarville, Indiana, this 18th day of January, 2011.

John Clendenen            
John Clendenen
Council President

R. Paul Steffens
Paul Steffens
Council Member

Tim Richards          
Tim Richards
Council Member

John Eastes               
John Eastes
Vice President

     
Gordon Liechty, Jr.
Council Member

Pam Spannuth  
ATTEST:
Pamela Spannuth
Clerk-Treasurer

January 18, 2011