§ 31.04  BOARD OF COMMISSIONERS TO OPERATE THE MOOREFIELD-BENNINGTON ECO-TREATMENT PROJECT.
   (A)   The County Board of Commissioners shall operate the Moorefield-Bennington Eco-Treatment Project, which Project constitutes a sewage works.
   (B)   The schedule of rates and charges shall be those attached hereto as Exhibit A, which is hereby adopted and incorporated as part of this code of ordinances as fully as if set out at length herein, which rates may be amended and modified hereafter by the Board. Said rates were adopted after notice and a public hearing held _______.
   (C)   The current service area for the project is shown on Exhibit B, which is hereby adopted and incorporated as part of this code of ordinances as fully as if set out at length herein. The Board may enlarge or modify said service area by adopting a new map.
   (D)   All lots, tracts, residences, and businesses within the service area which produce sewage or similar waste shall be required to hook on to the project if the sewer line is within 300 feet of the lot line of the affected property pursuant to the provisions of I.C. 36-9-23-30.
   (E)   The rates and charges for the Moorefield-Bennington Eco-Treatment Project shall not be submitted to the jurisdiction of the State Utility Regulatory Commission.
   (F)   Each lot, tract, residence, or business that applies for a connection prior to February 1, 2011 may connect without a connection or tap fee. Thereafter any new connection shall require a connection fee of _____________ ($        ) and the applicant shall also pay the pro-rata share of the actual cost to run a service line from their building or residence to the sewer line.
   (G)   There is hereby created in the office of the County Auditor of the Moorefield-Bennington Eco-Treatment Operating Fund. All user fees and connection fees shall be deposited into this account.
   (H)   The Board may contract with an entity or business to perform monthly billing services and with a contractor or contractors to provide connections to the sewer lines. These expenses will be paid out of the Fund. Said funds may also be used to maintain, repair, improve, and extend the project and to pay all costs of operating and administrating the project. Said expenditures will be submitted as claims for approval by the Board.
   (I)   If a monthly bill is not paid by the tenth day of the following month, then it shall be late and subject to a 10% late penalty. The county shall also be entitled to collect court costs, interest, and a reasonable attorney’s fee if legal action to collect an unpaid sewer bill is required.
(Ord. 2010-03-21-11, passed 3-21-2011)