058-24 - AN ORDINANCE IMPOSING A FEE TO PAY THE COST OF TRASH COLLECTION FOR THE RESIDENTIAL AND COMMERCIAL CUSTOMERS WITHIN THE TOWN OF WINAMAC, INDIANA

AN ORDINANCE IMPOSING A FEE TO PAY THE COST OF
TRASH COLLECTION FOR THE RESIDENTIAL AND COMMERCIAL CUSTOMERS WITHIN THE TOWN OF WINAMAC, INDIANA

Ordinance No. 2 of 2024

WHEREAS, the Town Council of the Town of Winamac, Indiana (the “Town Council”), is responsible for the performance of various functions for the Town of Winamac (the “Town”); and  

WHEREAS, the Town has, prior to the passage of this Ordinance, provided for the collection of residential and commercial garbage and trash, at a cost of Five Dollars ($5.00) per toter, to its residents (the “Service” or “Services”); and 

WHEREAS, the current cost for providing the Service exceeds the revenues generates to offset the Service costs; and 

WHEREAS, the Town, by providing these Services to its residents, provides a high level of service and savings to its citizens compared to each resident contracting with private trash haulers; and 

WHEREAS, the Town Council believes that it is fair and equitable to impose a Ten Dollar and Seventy-Five Cent ($10.75) per toter monthly fee to help defray the costs of providing the Services to its residents, for receipt of the Services; and 

WHEREAS, Indiana Code 36-9-30-21 authorizes the Town Council to establish a fee to pay the cost of the Town to collect and dispose of garbage and other trash in a sanitary manner. 

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Winamac, Indiana, that the following Ordinance Imposing a Fee to Pay the Cost of Trash Collection for the Residential and Commercial Customers within the Town of Winamac, Indiana, is adopted as follows:

Section I.

Establishment of Fees

1. Collection and Disposal Charge: For the use of garbage, refuse, and sanitary collection and disposal services to be rendered and provided, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or dwelling unit that is, or will be, provided such services as set forth herein. The billing rate and charge approved hereby shall commence as to the owners of each and every lot, parcel of real estate, or dwelling unit, with the billing to such owners beginning on April 1, 2024, and thereafter, consistent with the terms and provisions set forth herein. For purposes of this Ordinance, the owner shall be identified as the holder of fee simple title interest in and to a lot or a parcel of real property upon which dwelling of dwelling units are situated. The owner of a commercial lot or parcel of real estate shall be allowed two (2) toters and the owner of residential and apartment complex property shall be allowed one (1) toter per home or apartment, and shall pay a collection fee of Ten Dollars and Seventy-Five Cents ($10.75) per toter for each dwelling or dwelling unit to which weekly curbside garbage, refuse and sanitary collection and disposal service is provided. 

2. For the purposes of collected fees above, owners are liable for payment as required herein. The collection fee shall be billed with the water utility billing for the Town on a monthly basis and shall be paid by no later than the fifteenth day of each month. In the event such billing is not paid on or before the fifteenth day of the month, then a ten percent (10%) penalty shall be imposed. For purposes of computing time, and particularly for assessment of the ten percent (10%) penalty, the fifteenth day of each month is the last day in which payment of billing without imposition of the ten percent (10%) penalty may be made. After the fifteenth day of each month, the ten percent (10%) penalty on each such billing shall be assessed and collected. In the event of necessity of pursuit of delinquent or late fees in a civil action, reasonable attorney’s fees and/or court costs may be imposed.

3. The Town Clerk-Treasurer shall cause the monthly charges collected pursuant to this Ordinance, and any penalties and collection costs collected resulting from delinquent payments, to be paid into a segregated fund. The Fund shall be separated from the balance of the revenues of the General Fund and Town Utility Funds, and to be used solely for the purpose of paying the Town’s Trash Collection Cost. 

4. The rates approved by this Ordinance shall be in full force and effective for all bills due after March 31, 2024, and thereafter as detailed above. 

SECTION II.

Effective Date

1. This Ordinance shall be set for a public hearing on February 12, 2024 at 6:00 p.m. and shall become effective thirty (30) days after notice of the adoption has 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 12th DAY OF FEBRUARY, 2024. 

THE WINAMAC, INDIANA, TOWN COUNCIL

APPROVED: Larry Weaver, President; Alvin Parish, Vice-President; Tom J. Murray, Council Member; Danyelle Weaver, Council Member; Judy Heater, Council Member

ATTEST: Kendra Craft, Clerk-Treasurer

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