(A) For use of and service rendered by the city's sewage works, rates and charges shall be established and collected from the owners of each and every lot, parcel or real estate or building that is connected with and use the sewage system, or that in any way uses or in otherwise served or benefited by the city's sewage system.
(B) The city through the Common Council, shall establish and maintain just and equitable rates and charges for the use of and the service rendered by the city's sewage works, at a level adequate to produce and maintain sufficient revenue (including user and other charges, fees, income or revenues available to the city) to provide for the proper operation, repair and maintenance of the sewage works system, to purchase equipment, pay salaries and make investments in the utility to comply with and satisfy all covenants contained in any bond ordinance adopted by the city, and to pay all obligations of the sewage works and of the city with respect to the sewage works, including all expenses and fees.
(C) Without limiting the factors allowed or required to be considered when setting fees and charges for the sewage works, and invoking the statutory authority, the provisions of the Indiana Home Rule Act, the fees and charges established pursuant to this section shall include an amount sufficient to compensate the city for: (1) the property taxes that would be paid by the sewage if the sewage works were privately owned; and (2) a reasonable return on the city's investment in the sewage works. The amounts attributable to payment in lieu of taxes and return on investment shall be deposited in the sewage works fund and shall be paid to the city from time to time for deposit in its general fund, by the Clerk Treasurer, who serves as the treasurer of the sewage works utility.
(D) in addition to the ratemaking authority of the Common Council provided herein and by statute, the Board of Sanitation is hereby authorized to enter into special contracts or agreements with users of the city's sewage works where clearly definable costs to the sewage works can be determined, provided such agreements are based on the identified cost. The Board of Sanitation is further authorized to collect the fees and charges set forth herein from users of the city's sewage works who are not otherwise paying the fees or charges assessed, but are receiving the benefit of services from the sewage works, and to grant special exemptions from an fees or charges assessed herein for those who are not receiving the benefit of services from the sewage works.
('67 Code, § 50.02) (Ord. 2-1954, passed 4-1-54; Am. Ord. 9-1955, passed 9-16-55; Am. Ord. 5-1958, passed 9-2-58; Am. Ord. 1-1976, passed 6-8-76; Am. Ord. 4A-2004, passed 8-17-04; Am. Ord. 3, 2017, passed 8-7-17)
Statutory reference:
Authority to establish rates, see IC 36-9-2-16