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§ 51.078 BILLING PROCEDURES; DUE DATE.
   Billing of sewage rates and charges shall be on a monthly basis. All bills shall be payable within 15 days after the due date thereof as stated in the bill and any bill not so paid shall be promptly collected and enforced in the manner and subject to the penalties provided in IC 36-9-23-25, 36-9-23-26, 36-9-23-28 and 36-9-23-34 and all amendments and supplements thereto.
('80 Code, § 13.40.040) (Ord. 12-1973, passed - -73) Penalty, see § 51.999
§ 51.079 COLLECTION PROCEDURES; OWNER LIABILITY.
   The rates and charges shall be prepared and billed by the town and shall be collected in the manner provided by law and ordinance. The rates and charges will be billed to the tenant or tenants occupying the property served, unless otherwise requested in writing by the owners, but such billing shall in no way relieve the owner from liability in the event payment is not made as herein required. The owners of the property served, which are occupied by tenants, shall have the right to examine the collection records of the town for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination is made in the office in which the records are kept and during the hours that such office is open for business. In case water service is shut off for nonpayment by a tenant, the owner of the property will receive a duplicate of the notice of shut off, but only if the property owner shall have first filed with the Clerk-Treasurer a written request for such notice.  
('80 Code, § 13.40.050) (Ord. 1981-30, passed 10-31-81) Penalty, see § 51.999
§ 51.080 CONNECTION CHARGES.
   (A)   Definition.
   BASE UNIT. The equivalent of a single-family house and each individual apartment, condominium or other single-family living unit in any multi-unit building, structure or complex, or any other facility, that supplies not in excess of 310 gallons per day to the sanitary sewer system in accordance with 327 I.A.C. Article 3 Construction Permit Sanitary Sewer Designed Summary Form, as amended from time to time, which is incorporated herein by reference.
   (B)   The following “sewer connection charge,” for treatment capacity allotted at the wastewater treatment plant for new users, and “sewer collection charge,” for sewer line capacity allotted new users, are hereby established pursuant to I.C. 36-9-23-25(b)(4) and (d)(1-6) and (e) per base unit for each sewer permit issued by the town of Lowell.
      (1)   Sewer connection charge: $2,015 per base unit.
      (2)   Sewer collection charge: $1,635 per base unit.
   (C)   All commercial, governmental, industrial, institutional or other facilities shall pay an equivalent sewer connection charge and sewer collection charge for each permit that is equal to the number of base units, plus any multiples or fractions thereof as determined by the Town Engineer, times the sewer connection charge and sewer collection charge per base unit.
   (D)   No sewer permit shall issue until all connection charges and collection charges per base unit, and any applicable multiples or fractions thereof and any applicable surcharges or other fees, have been paid in full. Said charges, plus any surcharges as hereinafter or otherwise provided, shall be paid to the Clerk/Treasurer by the person securing the permit at the time of the issuance of any sewer permit. The sewer connection fee and sewer collection fee should be reviewed on a bi-annual basis after their initial enactment and implementation to ensure the connection charge and collection charge are cost-based, fair and equitable to all users.
   (E)   The "Study of Wastewater Facility Connection Charge and Computation of Collection Charge per EDU" by Financial Solutions, Inc., dated November 22, 2002, is incorporated by reference as part of this ordinance and shall be on file at Clerk-Treasurer’s office.
   (F)   East Side Sewer Adjusted Collection Fee.
      (1)   Pursuant to the report of Financial Solutions Group, Inc., dated June 18, 2007, and the Commonwealth Engineers West Fork Spring Run Basin Sewer Master Plan of October 1998, which are incorporated herein by reference, the Council now finds it is just and equitable to adjust the sewer collection fee established under § 51.080(B)(2) from $1,635 per base unit to the amount of $2,060 per base unit for each base unit serviced by the East Side Interceptor Sewer.
      (2)   The sewer collection charge established under § 51.080(B)(2) is hereby adjusted to the amount of $2,060 per base unit for each base unit connecting to the East Side Interceptor Sewer.
('80 Code, § 13.40.070) (Ord. 12-1973, passed - -73; Am. Ord. 1995-10, passed 8-14-95; Am. Ord. 1998-22, passed 10-26-98; Am. Ord. 2003-02, passed 3-10-03; Am. Ord. 2004-11, passed 4-12-04; Am. Ord. 2007-15, passed 9-10-07) Penalty, see § 51.999
Cross-reference:
   Fee schedule, see § 11.053
§ 51.081 SURCHARGE FOR USER OUTSIDE TOWN LIMITS.
   A surcharge of 150% of the rates and charges set out in this chapter shall be charged to users outside the corporate limits of town.
('80 Code, § 13.40.080) (Ord. 12-1973, passed - -73)
§ 51.082 STUDIES TO DETERMINE FAIRNESS AND EQUITY OF CHARGES.
   (A)   In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the town shall cause a study to be made within a reasonable period of time following the first improvement project. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for operation and maintenance, replacements, debt service requirements and capital improvements to the waste treatment system.
   (B)   Thereafter, on an annual basis, within a reasonable period of time following the normal accounting period, the town shall cause a similar study to be made for the purpose of reviewing the fairness and equity of the rates and charges for sewage services on a continuing basis. Such studies shall be conducted by officers and/or employees of the town, or by a firm of certified public accountants and/or a firm of consulting engineers, which firms shall have experience in such studies.
('80 Code, § 13.40.090) (Ord. 12-1973, passed - -73; Am. Ord. 7A-1974, passed - -74)
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