(A) Statement of acquisition. On or around July 22, 2021, the City of Fishers (the "city") entered into a certain Asset Purchase Agreement ("Agreement") with Hamilton-Southeastern Utilities, Inc. ("HSE"), whereby the city generally acquired all assets of HSE, including, without limitation, all current and future customers of HSE within its service area in and around Fishers (the "HSE Service Area"). Prior to the acquisition, HSE assessed customers within the HSE service area certain rates and charges pursuant to a tariff approved by the Indiana Utility Regulatory Commission on or around April 10, 2019, Cause No. 45135 ("HSE Tariff), and the city assessed customers within its service area (the "Fishers service area") certain rates and charges pursuant to its rate ordinance approved by the Common Council for the City of Fishers on December 21, 2015, Ordinance 101915 ("Fishers Sewer Rate Ordinance"). The HSE service area and Fishers service area are further defined and depicted in Ordinance 101121A, adopted by the Common Council on November 15, 2021, which is incorporated herein by reference. The city committed to not raise sewer rates and charges in either the Fishers service area or HSE service area in order to complete the acquisition. Accordingly, the city has incorporated and will initially assess ratepayers in the HSE service area the same charges and rates as provided by the HSE Tariff, and will initially assess ratepayers in the Fishers service area the same rates and charges as provided in the Fishers Sewer Rate Ordinance. The rates and charges for each schedule apply the same to customers whether they reside inside or outside the corporate boundaries of Fishers, but the difference in rates between the Fishers service area and HSE service area is $8.79 or approximately 28%.
(B) User charges- Fishers service area. Users in the Fishers service area shall pay a monthly user charge based on an equivalent user charge factor of one equivalent dwelling unit ("EDU"). The monthly equivalent user charge for a single-family residential user is hereby fixed and established at $31. The units listed below will pay a monthly user charge based on the multiplication of the decimal times $31 unless the bill has been prorated due to the sale of the property. The prorated amounts from the seller and buyer will not pay a sum that totals less than $31. The equivalent user charge of $31 may, from time to time, be updated and changed by the city as an amendment of this section.
(1) Schedule I - general service rates.
USER CLASS | USER CHARGE
|
USER CLASS | USER CHARGE
|
(a) Residential | |
1. Single family resident/unit | $31.00 |
2. Apartment or trailer court/unit (.75) | $23.25 |
(b) Commercial | |
1. Retail establishment: | |
a. First three employees | $31.00 |
b. Each additional employee (.25) | $7.75 |
2. Gasoline service station: | |
a. With car wash facility (2.5) | $77.50 |
b. Without car wash facility (1.5) | $54.00 |
3. Restaurants, drive-ins and taverns with eating or drinking facilities: | |
a. First two employees | $31.00 |
b. Each additional employee (.33) | $10.23 |
4. Laundromats | |
Per washer (.75) | $23.25 |
5. Car wash - manual | |
Per bay (2.5) | $77.50 |
6. Shop or office in home (2.0) | $62.00 |
7. Professional office: | |
a. First two employees | $31.00 |
b. Each additional employee (.33) | $10.23 |
8. Industrial (sanitary flow only): | |
a. First three employees | $31.00 |
b. Each additional employee (.25) | $7.75 |
(c) Government/Institutional | |
1. School/student: | |
a. First 25 students | $31.00 |
b. Each additional student (.04) | $1.24 |
2. Churches, lodges and veterans organizations without eating and/or drinking facilities: | |
For each 200 members or fraction thereof | $31.00 |
3. Government offices: | |
a. First three employees | $31.00 |
b. Each additional employee | $7.75 |
(d) Wholesale Private Utility Customers | |
Per 1,000 gallons | $3.20 |
(e) Citizens Customers All non-residential customers of the city's sewage treatment utility who are also serviced by Citizens Water Company, shall pay a monthly sewer user charge equal to $3.40 for each 1,000 gallons of water as metered by Citizens Water Company. This sewer user charge shall be in lieu of the standard residential rates which are applicable to non-Citizens Water Company customers. The rate established above does, however, reflect the equivalent to the current standard rate of $31.00 per equivalent dwelling unit. | |
(2) Schedule II - tariff.
(a) Connection charge. A charge of $250 per EDU is hereby imposed. It is the intention of this chapter that the connection and tap charges are to be paid by the individual builder, lot owner or customer and that these charges are in addition to the above described contributions and charges. These charges are for the cost incurred as set out in the definitions. The connection charge shall be paid at the time the building permit is obtained. The number of equivalent dwelling units shall be determined as provided in § 51.70(B), Schedule III.
(b) Contributions and charges. When the city's sewage facilities are capable of servicing an area of property within its jurisdiction, and such area or property has not been previously connected, contributions and charges on behalf of the unconnected property shall be required as follows:
1. Application fee. A charge of $100 per EDU, based upon the use proposed for the property, shall be charged as an application fee and shall be due at the time the application is made for sanitary sewerage service to the applicant. The application fee shall be used to reimburse the costs incurred by the city for personnel, equipment and consultants necessary to effect an appropriate review of the application. The application shall be in a form approved by the city's Board of Public Works and Safety.
2. Availability charge. A charge of $2,400 per EDU, based upon the use proposed for said property. The equivalent number of dwelling units in the case of users or units other than single family residences shall be determined as provided in § 51.70(B), Schedule III. The number of equivalent units for situations not covered by the table will be determined by the City Council. Notwithstanding any other provisions contained herein to the contrary, the city may contract with the owner or developer for an additional availability charge for treatment plant capacity, to be collected in advance by the city for purposes of expanding the capacity of the sewage treatment plant to meet such owner's or developer's needs. The availability charges, where applicable, shall be paid in cash upon application for a building permit.
(c) Bad check fee. A check tendered in payment of sewer charges and returned for insufficient funds to the account of the fee payer shall be subject to a penalty fee of $25.
(3) Schedule III - EDU equivalency chart.
TYPE OF SERVICE | EQUIVALENT DWELLING USAGE | |
TYPE OF SERVICE | EQUIVALENT DWELLING USAGE | |
01 | Single family residence | 1.0 |
02 | Two family residence | 1.8 |
03 | Multi-family and apartments - per unit | .7 |
04 | Mobile home and parks - per unit | .8 |
05 | Motels and hotels - per unit (Restaurant, see below) | .4 |
06 | Service clubs and churches - per 200 members or fraction thereof: | |
Without kitchen | 1.0 | |
With kitchen | 2.0 | |
07 | Office use - per 1,000 square feet | .5 |
08 | Health service office - per exam room | .6 |
09 | Personal care - per chair | .4 |
10 | Restaurant - per seat | .1 |
Food drive-in - per car space | .2 | |
Fast food - per employee | .2 | |
11 | Food and drug retail service - per employee | .2 |
12 | Laundry- per washer | 1.3 |
Car wash - per bay | 2.0 | |
13 | Service station | 1.5 |
14 | Retail sales and service - each three employees or fraction thereof | 1.0 |
15 | Manufacturing - per eight employees - sanitary use only | 1.0 |
Manufacturing other - set by city | ||
Warehouses - per 40,000 square feet | 1.0 | |
16 | Bars and cocktail lounges - per seat - without restaurant | .05 |
17 | Bowling alley - per alley | .4 |
18 | Bowling alley with bar - per alley | 2.0 |
19 | Dentist office - per chair | 1.4 |
20 | Physician's office - per examining room | .6 |
21 | Schools with gym and cafeteria - per student | .06 |
Without gyms and cafeteria - per student | .04 | |
22 | Speculative commercial/industrial - per acre | 1.0 |
23 | Other uses as determined by Fishers | |
Ratios indicated above are subject to change by City of Fishers | ||
(C) User charges- HSE service area. Users in the HSE service area shall pay the following rates and charges for sewer service as approved by the HSE tariff.
(1) Schedule I - general service rates.
(a) Non-metered rates for one month consumption periods - residential.
TYPE OF SERVICE | RATE PER MONTH |
Single family residence | $35.04 |
Two family residence (duplex) | $63.07 |
Apartments (per unit) | $24.53 |
(b) Non-metered rates for one month consumption periods - all other non- residential users.
TYPE OF SERVICE | RATE PER MONTH |
Commercial, industrial, retail, office | $70.08 |
High consumption facilities which discharge more than 600 gallons per day of wastewater will be categorized as "special users" as indicated below. | |
(c) Non-metered rates for one month consumption periods - special users.
TYPE OF SERVICE | RATE PER MONTH |
Special user - high consumption facilities which discharge more than 600 gallons per day of wastewater shall be charged at the rate per equivalent dwelling unit, as defined in § 51.70(C), Schedule III. | |
(d) Sewer tracker. The sewer tracker, occasioned solely by changes in the cost of sewage disposal service, is $4.75 per EDU per month. The tracker is applicable to the rates and charges in § 51.70(C), Schedule I, and is in addition to the base rates and charges provided in that division.
(2) Schedule II - tariff.
TYPE OF FEE | FEE AMOUNT |
TYPE OF FEE | FEE AMOUNT |
(a) Connection fee. | |
Fee per equivalent dwelling unit connecting to the utility's system | $305.00 |
(b) Re-connection fee. | |
Fee per physical connection for re-connection following disconnection for failure to pay sewer bill | $305.00 |
(c) Preliminary plan review fee. | |
Fee per equivalent dwelling unit for the review and preparation of connection plans | $100.00 |
(d) System development charge. | |
Fee per equivalent dwelling unit for capital improvements to the utility's system | $4,471.00 |
(e) Collection and deferred payment charge. | All bills for sewer service not paid within 17 days from the billing date thereof, as stated in such bills, shall be subject to a collection or deferred payment charge of 10% on the first $3.00 and 3% on the excess over $3.00. |
(f) Bad check charge. | |
Applicable when a customer's check is returned by their bank for non-payment; charge per returned check | $20.00 |
(g) Fats, oils and grease ("FOG") charge. | |
Applicability: customers that qualify as a FOG facility, shall be subject to a monthly charge for FOG. The FOG charge will support the additional costs of administering, monitoring and treating the excessive waste associated with FOG. | $30.00 per month |
Additional charge: if violations of city's FOG rules occur, monthly inspections will commence at a cost of $90.00 per inspection until the violations cease. | |
(3) Schedule III - EDU equivalency chart. Ratio of sewer usage of single-family residence to other types of uses: a single-family residence is equivalent to 300 gallons per day.
TYPE OF SERVICE | EQUIVALENT DWELLING USAGE | |
TYPE OF SERVICE | EQUIVALENT DWELLING USAGE | |
01 | Single family residence | 1.0 |
02 | Two family residence | 1.8 |
03 | Multi-family and apartments - per unit | .7 |
04 | Mobile home and parks - per unit | .8 |
05 | Motels and hotels - per unit (restaurant see below) | .4 |
06 | Service clubs and churches - per 200 members or fraction thereof: | |
Without kitchen | 1.0 | |
With kitchen | 2.0 | |
07 | Office use - per 1,000 square feet | .5 |
08 | Health service office - per exam room | .6 |
09 | Personal care - per chair | .4 |
10 | Restaurant - per seat | .1 |
Food drive-in - per car space | .2 | |
Fast food - per employee | .2 | |
11 | Food and drug retail service - per employee | .2 |
12 | Laundry - per washer | 1.3 |
Car wash - per bay | 2.0 | |
13 | Service station | 1.5 |
14 | Retail sales and service - each three employees or fraction thereof | 1.0 |
15 | Manufacturing - per eight employees- sanitary use only | 1.0 |
Manufacturing other - set by City of Fishers | ||
Warehouses - per 40,000 square feet | 1.0 | |
16 | Bars and cocktail lounges; per seat - without restaurant | .05 |
17 | Bowling alley - per alley | .4 |
18 | Bowling alley with bar - per alley | 2.0 |
19 | Dentist office - per chair | 1.4 |
20 | Physician's office - per examining room | .6 |
21 | Schools with gym and cafeteria - per student | .06 |
Without gyms and cafeteria - per student | .04 | |
22 | Speculative commercial/industrial - per acre | 1.0 |
23 | Other uses as determined by Fishers | |
Ratios indicated above are subject to change by Fishers | ||
(D) Methods of payment; transaction and other fees. Payments to the utility for any purpose may be made by the financial instruments authorized by the utility in accordance with I.C. 36-1-8-11. If there is a charge to the utility for the use of a financial instrument, the utility may collect a sum equal to the amount of the charge from the person who uses the financial instrument. If there is a vendor transaction charge or discount fee, whether billed to the utility or charged directly to utility's account, the utility may collect from the person using the card an official fee that may not exceed the transaction charge or discount fee charged to the utility by bank or credit card vendors in accordance with I.C. 36-1-8-11.
(Ord. 05-04-81, passed 5-4-81; Am. Ord. 07-16-84, passed 7-16-84; Am. Ord. 110492J, passed 12-9-92; Am. Ord. 11793B, passed 11-17-93; Am. Ord. 111793C, passed 11-17-93; Am. Ord. 042094B, passed 7-6-94; Am. Ord. 062597A, passed 8-6-97; Am. Ord. 122997A, passed 12-29-97; Am. Ord. 081400, passed 9-25-00; Am. Ord. 091514A, passed 11-17-14; Am. Ord. 101915, passed 12-21-15; Am. Ord. 101121A, passed 11-15-21)