174-25 - AN ORDINANCE PROHIBITING THE TAMPERING WITH OR DAMAGE WITH WATER METERS FOR THE TOWN OF FRANCESVILLE, INDIANA

AN ORDINANCE PROHIBITING THE TAMPERING WITH OR DAMAGE  WITH WATER METERS  FOR THE TOWN OF FRANCESVILLE, INDIANA

Ordinance No. 7 of 2025

WHEREAS, the Town of Francesville, Indiana (“Town”) owns and operates a municipal Water utility 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 services to said Town and its inhabitants; and    

WHEREAS, the Town Council of the Town (“Town Council”) currently has in place a Water Works rate ordinance, for the purposes of setting forth water utility rates for the Town’s residents and other users (the “Current Ordinance”); and 

WHEREAS, the Town Council has recently undertaken significant costs and investment to its Water utilities, through the public financing of the most recent 2025 Town Water Utility Project (the “Project”); and 

 WHEREAS, as part of the Project, the Town will be installing new water meters at residences receiving Water utility services from the Town, at great expense to the Town and its residents; and 

WHEREAS, the Town wishes to clarify that any damage, alteration, or tampering with these new water meters will carry penalties, replacement costs, attorney fees and other tangential fees upon any required replacement or repair by the Town. 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FRANCESVILLE, INDIANA, THAT:

Section I. 

Repair and Replacement

1. The Recitals are incorporated herein by reference. 

2. The Francesville Town Code shall be amended to provide that it shall be unlawful for any person to open, tamper with, repair, or relocate a Town water meter. 

Any damage to any Town water meter (not attributable to the Town’s own actions) shall be the responsibility of the homeowner. Any repair, replacement, or other action required due to any damage to any Town water meter shall be performed by the Town, with all costs for any repair or replacement being the responsibility of the homeowner. For purposes of this Ordinance, “costs” shall include any and all replacement parts or other material, as well as the hourly rate of any Town employee engaged in any repair or replacement. 

3. Should it become necessary for the Town to engage an attorney to collect any of the “costs” provided for pursuant to this Ordinance, the Town shall also have the right to recoup all court costs, filing fees, and reasonable attorney fees as part of that collection process. 

Section II.

Effective Date

This Ordinance 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 FRANCESVILLE, INDIANA, THIS 6th DAY OF OCTOBER, 2025

THE FRANCESVILLE, INDIANA, TOWN COUNCIL 

Tom Thomas, Council President

Sydney Disinger, Council Member

ATTEST: Joelyn Flotow, Clerk-Treasurer

174-25 G 10/8