§ 55.01  RATES AND CHARGES.
   (A)   (1)   The monthly storm water utility fee is a user fee.
      (2)   Types of properties and accounts. Properties and accounts will be divided into three classifications, as follows:
         (a)   Original accounts. These accounts are for residential properties which were within the town limits before January 1, 2010. Original accounts do not include nonresidential properties (“nonresidential accounts”).
         (b)   Annexation accounts. These accounts are for residential/agricultural properties which were annexed into the town limits on or after January 1, 2010. Annexation accounts do not include nonresidential accounts.
         (c)   Nonresidential accounts. These accounts are for all nonresidential properties, whether or not they were within the town limits before or after January 1, 2010.
      (3)   The monthly user fee will be different for each type of account.  There will be a flat rate for original accounts and annexation accounts.  Nonresidential accounts will be based on equivalent residential units (“ERUs”). The fees are different because of the different demands on the storm water management activities.
      (4)   The monthly user fee for nonresidential properties will be determined using an ERU multiplier, which will be calculated by dividing the total impervious surface area within the property by the base ERU of 4,110 square feet. For nonresidential properties, the monthly user fee will be $8.36 per ERU. This method allows for the nonresidential property user fees to be based upon the demand the property places on the storm water system as compared to the demands of the average residence. The ERU for a nonresidential property shall not be less than one ERU.
      (5)   The monthly user fee for combined residential/nonresidential property will reflect both the residential nature of the property and the nonresidential nature of the property.
      (6)   The monthly user fees will be as follows:
         (a)   Original account: $6.96.
         (b)   Annexation account: $4.96.
         (c)   Nonresidential account: The monthly user fee will be based on the ERU multiplier of $8.36 per ERU. For a combined residential/nonresidential property, the monthly user fee will be the monthly user fee for an original account or annexation account (whichever is applicable to the property in question) plus the ERU multiplier calculated for the nonresidential portion.
      (7)   Late charge. If the monthly storm water utility 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.
      (8)   Discount. This discount is available to any original account and annexation account customer who pays his or her storm water fee annually. For an original account, the discount is $8.40 per year ($.70 per month), and for an annexation account, the discount is $6 per year ($.050 per month), but the discount is available only if the customer pays the entire bill at one time and is only available in January of each year. However, if such a customer pays annually and sells his or her property within that one-year period, there will not be any refund, and the new owner-customer will not be responsible for storm water fees until January of the following year.
      (9)   The total monthly storm water utility fee and the policies and procedures for determining impervious surface area, establishing the ERU and its multiplier, and billing and collection procedures and the credit process are described in the Policy Manual, which Policy Manual (as amended from time to time) is incorporated herein by reference.
      (10)   The Secretary of the Board is hereby directed to file a copy of this resolution with the town, and request approval by and through its Town Council, of the rates and charges as set forth above.
      (11)    The sections, divisions, sentences, clauses, phrases and words of this resolution are separate and severable, and if any word, phrase, clause, sentence, division or section of this resolution shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, the unconstitutionality, invalidity or unenforceability shall not affect any of the remaining words, phrases, clauses, sentences, divisions and sections of this resolution.
      (12)   The rates and charges approved in this resolution are effective upon passage of an ordinance by the Town Council approving this resolution and the rates and charges authorized herein in accordance with I.C. 36-9-23-26 and upon a determination of the source of additional funding. The rates and charges shall be billed on the first billing cycle of the town’s utilities after approval of the ordinance by the Town Council, and after determination of whether additional funding will be obtained from RD or from an open market bond issue.
   (B)   The schedule of rates and charges recommended by the Board and set forth in this section (Res. 2004-1), a copy of which is on file in the office of the Town Clerk-Treasurer, and incorporated herein by reference, is hereby adopted. After the source of additional funding referred to in the resolution is determined, the Board shall make a record of the determination and indicate in its records whether the monthly user fee set forth in division (A)(7)(a) or (b) above is applicable and effective.
(Res. 2004-1, passed 11-29-2004; Ord. 2004-9, passed 12-14-2004; Ord. 2011-9, passed 6-2-2011)