Winamac Ordinance No. 3 of 2016

AN ORDINANCE ESTABLISHING CONNECTION

AND DISCONNECTION CHARGES FOR THE 

WINAMAC MUNICIPAL ELECTRICAL UTILITY AND

THE WATERWORKS OF THE TOWN OF WINAMAC, INDIANA

Ordinance No. 3 of 2016

WHEREAS, the Town of Winamac, Indiana (the “Town”) now owns and operates a municipal Waterworks (the “Waterworks”) in accordance with the provisions of Title 8, Article 1.5 of the Indiana Code and acts amendatory thereof and supplemental thereto, furnishing the public water supply to the Town and its inhabitants; and

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

WHEREAS, the Town desires to establish separate connect and disconnect fees for occasions where a user receiving services from the Waterworks and Electrical Utility, requests to either connect or disconnect from the system; and 

WHEREAS, the Waterworks and 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. 

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Winamac, Indiana, that the following Ordinance Connect and Disconnect Charges for the Winamac Municipal Electrical Utility and the Waterworks of the Town of Winamac, Indiana, is adopted as follows:

Section I.

Connection and Disconnection Requirements 

1. Disconnection. A current user of the Utilities may request from the Town, in writing, a temporary disconnection from the applicable utility system by means of a Petition. The Petition shall include: 

a. The reason for the disconnection;

b. the duration of the desired disconnection; and 

c. funds in the amount of Twenty-Five Dollars ($25.00) for the requested disconnection. 

The Town reserves the right, in its sole and absolute discretion, to grant or deny said Petition. Should the Town deny such request, the Petitioner shall have their Petition funds returned. 

2. Reconnection. At the expiration of the disconnection period listed in the Petition, user will be responsible for contacting the Town to reconnect to the applicable system. A user who had previously disconnected from the applicable utility system under Section I. (1) of this Ordinance, who desires to reconnect to said system before the expiration of the disconnect period listed in the Petition, may request a reconnection at any time prior to such expiration. User will be responsible for the Twenty-Five Dollar ($25.00) reconnection fee, whether requested during the disconnection period, or at the expiration of the period listed in the Petition. 

3. Reasonableness of Fee. In accordance with I.C. § 8-1.5-3-8, the required Twenty-Five Dollars ($25.00) fees are a reasonable calculation of the required maintenance, repair and operating expenses associated with the disconnection and reconnection from the Utilities. 

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 14th DAY OF MARCH, 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 

074-16 G 03/23