ORDINANACE NO. 082018 AN ORDINANCE ADJUSTING RATES AND CHARGES FOR THE USE OF AND SERVICES RENDERED BY THE CITY OF FISHERS, INDIANA STORMWATER UTILITY SYSTEM WHEREAS, the City of Fishers, Hamilton County, Indiana ( City ) provides collection, disposal and drainage of storm and surface water for its residents ( Stormwater Utility ); WHEREAS, the Board of Stormwater Management, now repealed, established the Stormwater Utility Rates and Charges on December 17, 2007, Resolution No. 121707E, and reapproved the rates and charges on April 20, 2009, Resolution 030209F, and on August 19, 2010, Resolution No. SW081910, and the Fishers Town Council approved a basic monthly stormwater service charge of $4.95 per ERU; WHEREAS, the City has not increased its rates in more than ten (10) years, and the rates and charges established in 2007 continue in effect today; WHEREAS, the Common Council ( Council ) finds that all properties within the municipal boundaries of the City are served by, directly or indirectly connected to or contributing to the stormwater drainage system; WHEREAS, the Municipal Sewage Works Act, Ind. Code 36-9-23 et. seq. (the Act ), applies to stormwater sewers and any other structure necessary or useful for the collection of storm drainage ( Sewage Works ); WHEREAS, pursuant to Ind. Code 36-9-23-25, the Council shall, by ordinance, establish just and equitable fees for the services rendered by the Sewage Works, and provide the dates on which the fees are due; WHEREAS, Ind. Code 36-9-23-25(b) provides that just and equitable fees are the fees required to maintain the Sewage Works in the sound physical and financial condition necessary to render adequate and efficient service; WHEREAS, the fees must be sufficient to: (1) pay all expenses incidental to the operation of the Sewage Works, including legal expenses, maintenance costs, operating charges, repairs, lease rentals, and interest charges on bonds or other obligations; (2) provide the sinking fund required by Ind. Code 36-9-23-21; (3) provide adequate money to be used as working capital; and (4) provide adequate money for improving and replacing the works ( Statutory Obligations ); WHEREAS, the Stormwater Utility has updated its Master Plan that includes stormwater capital projects to improve serviceability, to protect public infrastructure and property, to improve public health and safety, and to comply with the federal stormwater quality regulations ( Master Plan );
WHEREAS, the City engaged Policy Analytics to perform a rate study and to analyze the Stormwater Utility s Master Plan, its estimated project costs, and projected revenues, in order to determine stormwater rates and charges that will generate sufficient funds to satisfy the Statutory Obligations and meet the fiscal needs of the Stormwater Utility, in accordance with the Act ( Rate Study ); WHEREAS, the Rate Study (dated June 28, 2018), attached hereto and incorporated herein as Exhibit A, indicates that the existing rates and charges for the use of services provided to City residents by the Stormwater Utility do not produce sufficient revenue to satisfy the Statutory Obligations and the requirements of the Stormwater Utility; WHEREAS, pursuant to Ind. Code 36-9-23-25(d)(10), Council finds that impervious surface area is the appropriate factor to establish rates and charges for the Stormwater Utility. WHEREAS, the Board of Public Works & Safety, at a regular meeting held on July 9, 2018, recommended that the Council adjust the stormwater fees and charges to $6.66 per ERU per month (an increase of $1.71 per ERU per month) based upon the Rate Study; WHEREAS, after introduction of the ordinance establishing fees, but before it is finally adopted, the Council shall hold a public hearing at which time users of the Sewage Works, owners of property served or to be served by the Sewage Works, and other interested persons may be heard concerning the proposed fees; WHEREAS, pursuant to Ind. Code 36-9-23-26, on September 17, 2018, the Council held a properly noticed public hearing regarding the proposed rate increase, the affidavit of publication is attached hereto as Exhibit B; and WHEREAS, the Council now finds that the existing rates and charges for the use of the service rendered by the sewage works are too low and are insufficient to enable the City to properly operate its Stormwater Utility, to provide for a sinking fund, to provide for depreciation, and to finance necessary extensions and additions; and that the existing rates and charges should be adjusted, as set forth herein. NOW THEREFORE, BE IT ORDAINED, BY THE COMMON COUNCIL, CITY OF FISHERS, HAMILTON COUNTY INDIANA AS FOLLOWS: Section 1. Section 53.20 of Fishers Municipal Code shall be created to read as follows: 53.20 RECITALS STORMWATER RATES AND CHARGES The Recitals set forth in Ordinance No. 082018 are incorporated into this Section 53.20 as if fully set forth herein. 53.21 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: CITY. The City of Fishers, Indiana. CONDOMINIUM. Any parcel that includes a condominium unit and associated driveway. CUSTOMER or USER. A property owner within the municipal boundaries of the City of Fishers. EQUIVALENT RESIDENTIAL UNIT (ERU). feet of impervious surface area. Equal to 3,318 square IMPERVIOUS SURFACE. Area within land that prevents or significantly impedes the infiltration of stormwater into the soil. Included in this definition are areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop and compacted gravel or soil. NON- RESIDENTIAL IMPROVED. Any non-residential property that has impervious surfaces of greater than 1,106 square feet. Can also be a second residential parcel adjacent to a main home parcel that has impervious surfaces of greater than 1,106 square feet. PROPERTY OWNER. The individual(s) or business entity holding the deed or record title to the property with the Hamilton County Recorder s Office. A contract purchaser or tenant is not considered the property owner. RESIDENTIAL IMPROVED. A parcel with a residential home dwelling and associated driveway. UNIMPROVED. A parcel that has no impervious surface. SMALL NON- RESIDENTIAL. A non-residential property that has impervious surfaces of 1,106 square feet or less. Can also be a second residential parcel adjacent to a main home parcel with impervious surfaces of 1,106 square feet or less. STORM SEWER. A closed conduit for conveying collected storm water, while excluding sewage and industrial wastes. Also called a storm drain. STORMWATER. Water resulting from rain, melting or melted snow, hail, or sleet. STORMWATER DRAINAGE SYSTEM. All means, natural or manmade, used for conducting storm water to, through or from a drainage area to any of the following: conduits and appurtenant features, canals, channels,
ditches, storage facilities, swales, streams, culverts, streets and pumping stations. 53.21 SCHEDULE OF USER FEES AND CHARGES. (A) A stormwater service charge shall be imposed on each and every lot and parcel of land within the city, which charge shall be assessed against the property owner thereof, who shall be considered the user for the purposes of this chapter. This charge is deemed reasonable and is necessary to pay for the all expenses incidental to the operation of the works, including legal expenses, maintenance costs, operating charges, repairs, lease rentals, and interest charges on bonds or other obligations, to provide a sinking fund required by I.C. 36-9-23-21, to provide adequate money to be used as working capital, and to provide adequate money for improving and replacing the works. (B) Charge per ERU. The stormwater service charge shall be $6.66 per ERU per month. Any billings for stormwater service outside this time shall be on a per diem basis. (C) Basis of charge. The stormwater service charge is a flat charge designed to recover the cost of rendering stormwater service to the users of the stormwater drainage system, and shall be the basis for assessment of the stormwater service charge. (D) Classification of property. All properties within the City municipal boundaries will be assigned an Equivalent Residential Unit (ERU), or a multiple thereof, based on the costs, including capital expenditures, of furnishing services to each property, with all properties having a rate assignment as follows: (1) Residential Improved. A monthly flat rate charge for stormwater service rendered to Residential Improved properties in the amount of one (1) Equivalent Residential Unit (ERU) equating to a rate of $6.66 per month. (2) Non- Residential Improved. The monthly user fee for nonresidential improved properties will be determined using an ERU multiplier, which will be calculated by dividing the total impervious surface within the property by the base ERU of 3,318 square feet and then multiplying by $6.66 per ERU per month. (3) Condominium. The monthly user fee for condominiums shall be 0.60 times the Residential Improved rate of $6.66, or $4.00 per month.
(4) Unimproved. The monthly user fee for unimproved properties shall be 1/3 the Residential Improved rate of $6.66, or $2.22 per month. (5) Small Non-Residential. The monthly user fee for unimproved properties shall be 1/3 the Residential Improved rate of $6.66, or $2.22 per month. (E) Property Classifications. Property classifications shall occur once per year and shall not be prorated. Property classification shall be updated based upon best available data at the time of classification, including but not limited to aerial photography, county property type use, site knowledge, etc. (F) Exceptions/exemptions. Except for public rights-of-way, City owned properties, railroad lines, and paths that are eight (8) feet wide or less with five (5) feet of vegetation space on each side, there shall be no exceptions or exemptions from the assignment of stormwater ERUs and charges for any property. 53.22 BILLING; PAYMENT. (A) Billings. All stormwater bills shall be rendered on a yearly basis to the property, except for non-residential properties may be billed on a monthly or quarterly basis at the discretion of the Controller s Office. (B) Terms of payment. The stormwater service charges prescribed in 53.21 shall be due on the payment date set out on the bill. It shall be a violation of this chapter to fail to pay a stormwater service bill when due. All bills for stormwater services not paid on or before the due date, which due date shall be approximately 30 days after the bill is rendered, shall be subject to a collection or deferred payment charge of 10% on outstanding balance. (C) Collection. Delinquent charges for stormwater services, 10% penalty, recording fees and service charges may be made a lien upon the property when the delinquent party is the property owner and may be collected in accordance with the provisions of IC 36-9-23. In addition, the City may recover the amount of the charges for services, 10% penalty and reasonable attorney s fees in a civil action and may foreclose liens established by this chapter in accordance with IC 36-9-23. Section 2. Section 3. The sets of rates and charges set out herein shall become effective on January 1, 2019. All ordinances and parts thereof not specifically changed remain in full force and effect.
Section 4. Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of the same can be given the same effect. This ordinance shall be in full force and effect from and upon its adoption in accordance with Indiana law. ALL OF WHICH IS SO ORDAINED this 20th day of August, 2018. COMMON COUNCIL OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA YAY NAY ABSTAIN Todd Zimmerman, President Richard W. Block, Vice President David George, C. Pete Peterson, John Weingardt, Eric Moeller, Selina M. Stoller, Cecilia C. Coble, Brad DeReamer, I hereby certify that the foregoing Ordinance/ Resolution was delivered to City of Fishers Mayor Scott Fadness on the day of 2018, at m. ATTEST: Jennifer L. Kehl, City Clerk MAYOR S APPROVAL Scott A. Fadness, Mayor DATE
MAYOR S VETO Scott A. Fadness, Mayor DATE This instrument prepared by: Christopher P. Greisl, City Attorney, City of Fishers, Hamilton County, Indiana, One Municipal Drive, Fishers, Indiana, 46038 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Christopher P. Greisl