Winamac Ordinance No. 1 of 2016

# 1 An Ordinance Authorizing the Assessment of an Insufficient Funds Service Fee for Payments Made to the Municipal Waterworks, Sewage Works, and Electrical Utilities of the Town of Winamac, Indiana

Ordinance No. 1 of 2016

WHEREAS, the Town of Winamac, Indiana (the “Town”) owns and operates a Municipal Waterworks (the “Waterworks”) in accordance with the provisions of Title VIII, Article 1.5 of the Indiana Code for the purposes of furnishing the public water supply to the Town and its Inhabitants, as well as all other acts amendatory thereof and supplemental thereto; and 

WHEREAS, the Town has constructed and has in operation Sewage Works for the purpose of collecting and disposing of the sewage of the Town in a sanitary and safe manner; and 

WHEREAS, the Town, through its Municipal Electrical Utility, is responsible for the safe and effective operation of an Electric Utility for the welfare of residents of the Town and surrounding areas; and 

WHEREAS, the Municipal Waterworks, Sewage Works, and Municipal Electrical Utilities of the Town of Winamac (collectively, the “Utilities”) are governed by the same Board, that Board being the Town Council of the Town of Winamac, Indiana; and 

WHEREAS, the Town Clerk-Treasurer’s responsibilities include, but are not limited to, receiving and caring for all Town moneys and disbursements on the order of the Town Council, as well as ensuring the fiscal efficacy and health of the Town and its moneys; and 

WHEREAS, it is the desire of the Town Council of the Town of Winamac, Indiana, in the interests of fiscal responsibility, to charge an insufficient funds service fee for any form of payment received from any user served by the Utilities, which is subsequently dishonored by any intermediary, financial institution, or other authorized collections agent, or the Town itself, for the reason that there are insufficient funds available to make said payment. 

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Winamac, Indiana, that the following Ordinance Authorizing the Assessment of an Insufficient Funds Service Fee for Payments Made to the Waterworks, Sewage Works, and Electrical Utilities of the Town of Winamac, Indiana, is adopted as follows:  

Section I. 

Insufficient Funds Service Fee

1. Fee. Any user of any of the services currently provided by the Utilities of the Town of Winamac, who delivers any form of payment to any collections agent, financial institution, or any other intermediary or agent of the Town, including the Town itself, they being duly authorized to receive such funds, and is dishonored due to insufficient funds, shall be charged an Insufficient Funds Service Fee of Twenty-Seven Dollars and Fifty Cents ($27.50), or five percent (5%) of the amount of the payment, whichever is greater (not to exceed $250.00), per transaction. 

2. Authority. Such power is expressly reserved to the Town under the applicable Indiana Code § 35-43-5-5, and shall be administered strictly and in adherence to said statute. 

Section II.

Effective Date

This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4. 

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF Winamac, INDIANA, THIS 11th DAY OF January, 2016. 

THE WINAMAC, INDIANA TOWN COUNCIL 

Kenneth McFarland, President; Dan Vanaman, Council Member; Tom J. Murray, Council Member; Judy Heater, Council Member; Jim Watkins, Council Member 

ATTEST:

Melanie A. Berger, Clerk-Treasurer

015-16 G 01/27

Pulaski County Journal

114 W. Main Street
Winamac, IN 46996

Office Number: (574) 946-6628
Fax Number: (574) 946-7471

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