ORDINANCE NO. _____08-20-2013-2_______
AN ORDINANCE TO AMEND SECTION 50.04 OF CHAPTER 50 OF TITLE 5 OF THE CICERO MUNICIPAL CODE BY AMENDING THE CODE PURSUANT
TO I.C. 36-1-4, I.C. 36-1-5, AND I.C. 8-1.5-4 ET. SEQ.
WHEREAS, I.C. 36-1-3-2 confers upon all local units the powers that they need for the effective operation of government as to local affairs; and
WHEREAS, I.C. 36-1-3-6(b)(1) prescribes that any such exercise of power shall be authorized through enactment of an ordinance passed by the legislative body; and
WHEREAS, the Town of Cicero is a municipal governmental entity which may pass and codify ordinances for the operation of the government, all pursuant to I.C. 36-1-4 and I.C. 36-1-5; and
WHEREAS, the Town of Cicero is a municipality located in Hamilton County, Indiana, which owns and operates a water utility, which has been continuously governed by the provisions of Title 8 of the Indiana Code; and
WHEREAS, the Town of Cicero, through its town council now wishes to further perfect its water utility and make certain technical modifications and enhancements to the ordinance establishing and governing the town’s water utility and its provisions regarding fire protection charges, pursuant to I.C. 8-1.5-4-14(b) and I.C. 8-1-2-103(d).
NOW, THEREFORE, BE IT ORDAINED by the town council of the Town of Cicero, Hamilton County, Indiana, as follows:
Section 1: That Section 50.04(C) entitled Fire Protection Hydrant Rental is hereby amended by the addition thereto of the following sentence: The cost and value of maintaining fire hydrants and other facilities for fire protection shall be excluded from the charges against the municipality and shall be recovered from the other customers of the waterworks beginning no sooner than January 1, 2014.
Section 2: That the cost and value of maintaining fire hydrants and other facilities for fire protection shall no longer be paid out of the municipality’s general fund, but shall be paid directly into the waterworks fund as a user fee.
Section 3: All property owners of real property located within the municipal boundaries of the Town of Cicero shall assume responsibility for paying the cost and value of maintaining the fire hydrants and other facilities for fire protection, and these costs shall be recovered from the customers and users of the waterworks beginning on January 1, 2014.
Section 4: The new schedule of rates shall:
(1) Eliminate fire protection charges billed directly to the governmental unit, other than charges for the construction cost of new fire hydrants installed on and after the date specified in the ordinance; and
(2) Increase the rates charged each customer of the utility, based on equivalent meter size, by an amount equal to:
(a) the revenues lost from the elimination of such fire protection charges; divided by
(b) the current number of the equivalent users and rate payers of the waterworks system.
Section 5: If the monthly fire hydrant fee is not paid by the due date stated on the bill, a late charge of 10% will be assessed, together with costs of collection, if any, including reasonable attorney’s fees.
Section 6: Except as amended by this ordinance, all of the other terms, provisions, conditions, and water rates, fees and charges set forth in Section 50.04 of Title 5 shall remain in full force and effect.
Section 7: The provisions of this Ordinance shall become and be in full force and effect from and after the date of its passage and adoption upon the signatures thereof by members of the Cicero Town Council and in accordance with any publication required by law.
THIS ORDINANCE IS HEREBY DULY PASSED AND ADOPTED by the Cicero Town Council on this _________ day of September, 2013.
TOWN COUNCIL OF THE TOWN OF
Jerry G. Cook, President
Brett S. Foster, Vice-President
Eric C. Hayden
Sylvia K. Hartley
Dennis D. Schrumpf
Janice L. Unger, Clerk-Treasurer