178-25 - MEDARYVILLE TOWN COUNCIL ORDINANCE #: 2025-09-01

MEDARYVILLE TOWN COUNCIL 

ORDINANCE #: 2025-09-01

AMENDING RATES AND CHARGES FOR THE USE OF AND
SERVICES RENDERED BY THE SEWAGE WORKS FOR THE
TOWN OF MEDARYVILLE, INDIANA 

WHEREAS, the Town Council for the Town of Medaryville, Indiana (“Town”) has previously adopted ordinances to establish and to amend the rates and charges for the use and services rendered by the Medaryville Sewage Works (“Sewage Works”); and 

WHEREAS, the Town has caused a financial study of the municipal sewage works to be made by Baker Tilly Municipal Financial Advisors, LLC; and 

WHEREAS, said financial study indicates that the rates and charges are not sufficient to meet the reasonable financial requirements of the utility and that the sewage rates and charges should be increased; and

WHEREAS, the Town Council has conducted a public hearing on the proposed rate change after notice of said public hearing was given, and each rate payer was allowed the opportunity to provide testimony and comments regarding the rate change and all testimony and comments were considered by the Town Council; and 

WHEREAS, the Town now finds that the existing rates and charges for the use of and services rendered by the Sewage Works of said Town as previously set forth in Ordinance No. 2003-2 (the “2003 Ordinance”), are too low and are insufficient to enable the Town to operate and maintain its Sewage Works plant properly, provide for depreciation, service outstanding indebtedness, make necessary additional improvements and as such, the existing rates and charges should be increased; and

WHEREAS, in accordance with said financial study and findings by the Town, the Town wishes to adopt new rates and charges for the Sewage Works in accordance with this Ordinance; and 

WHEREAS, the Town finds that the rates and charges set forth herein are just and reasonable based upon the aforementioned financial study and the cost of providing service to customers of the Sewage Works. 

NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MEDARYVILLE, INDIANA AS FOLLOWS:

1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 

2. For the use of and the service rendered by the sewage works system of the Town of Medaryville, Indiana Sewage Works, the rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that has access to the Town’s sewer system (whether connected or not), or who is connected to the Town’s sanitary system sewer system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the Town  based on a flat monthly rate for us of the sewage works system and shall be in an amount determined as follows:

Monthly rates and charges:   

Phase I Phase II Phase III

* ** ***

Operation, Maintenance and Replacement

    Charge per EDU per month $8.93 $9.56 $10.12

Local Capital Charge per EDU per month $39.22 $41.96 $44.42

   Total Charge per EDU per month $48.15 $51.52 $54.54

*   Phase I rates are effective with January 1, 2026 bills.

**  Phase II rates are effective with July 1, 2026 bills.

*** Phase III rates are effective with January 1, 2027 bills.

3. Such rates and charges shall be prepared, billed, and collected by the Town in the manner provided by law and ordinance.  

(a.) The rates and charges for all users shall be prepared and billed monthly.  

(b.) All rates and charges not paid by the 15th day of the month following receipt are hereby declared to be delinquent and a penalty of Ten Percent (10%) of the amount of the rates and charges shall apply. 

4. A returned check charge of Twenty-Five Dollars ($25.00) for each check not clearing a customer’s bank account shall be assessed.

5. The Town is hereby authorized to prohibit dumping of wastes into the Town’s sewage system, which in its discretion, are deemed harmful to the operation of the sewage treatment works of the Town, or to require method affecting pretreatment of said wastes to comply with the pretreatment standards included in the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works or as contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto or the Town’s Pretreatment Program Plan. 

6. The Town shall determine the equivalency factors for all users as reasonably to do so.

7. For the service rendered to the Town said Town shall be subject to the same rates and charges.

8. In order to recover the cost of monitoring industrial wastes, the Town shall charge the user not less than $100.00 per sampling event plus the actual cost for collecting and analyzing the samples (s) as determined by the Town or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this ordinance.  “Industrial wastes” shall mean the wastewater discharge from industrial, trade, or business processes as distinct from employee wastes or wastes from sanitary conveniences. 

9. The following Ordinances are hereby repealed:  

(a) Ordinance No. 1998-1 entitled “Sewer Rate Ordinance;”

(b) Ordinance entitled “Ordinance Amending Ordinance 98-1” adopted by the Town on August 14, 20011; and

(c) Ordinance No. 2003-2 entitled “Amendment to Sewer Rate Ordinance 1998-1.”

     Passed and adopted by the Town Council of Medaryville, Indiana, this 17th day of September, 2025.

Ashley Salyer, President - Medaryville Town Council

Nick Gillock, Vice-President - Medaryville Town Council

Steven Foust, Member - Medaryville Town Council

ATTEST: Stacy Conley, Town Clerk/Treasurer - Medaryville, Indiana

1 This Ordinance was not assigned an ordinance number at the time the Council adopted the same.

178-25 G 10/15