ORDINANCE NO. 2023-3

ORDINANCE NO. 2023-3
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF LOOGOOTEE, INDIANA
AMENDING THE WATER RATES AND CHARGES
FOR LOOGOOTEE, INDIANA
WHEREAS, pursuant to Indiana Code 8-1.5 et seq., as
amended (the “Act”) the City of Loogootee, Indiana (the
“City”) owns, operates, manages, and controls a municipal
water works system; and
WHEREAS, this Common Council of the City of Loogootee, Indiana (“Council”) has previously by ordinance established the existing schedule of user rates and charges for
water service; and
WHEREAS, pursuant to Indiana Code 8-1.5-3-8.1, this
Council may change or adjust its existing schedule of fees by
ordinance after notice and public hearing; and
WHEREAS, Indiana Code 8-1.5-3-8 authorizes this Council to adopt by ordinance a nondiscriminatory, reasonable and
just schedule of fees for water services rendered by the City’s
water works system; and
WHEREAS, Indiana Code 8-1.5-3-8, authorizes this Council to exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees,
to ensure that the rates and charges produce an income sufficient to maintain the utility property in a sound physical and
financial condition to render adequate and efficient service,
and whereas rates and charges too low to meet these requirements are deemed unlawful; and
WHEREAS, the currently effective rate ordinance did not
include East Fork Water, Inc. and Daviess County Rural Water System, Inc. (previously Perry Water) water rates, which
has been herein incorporated in this ordinance.
WHEREAS, House Enrolled Act 1002-2022 (“HEA 1002”)
repealed the utility receipts tax.
WHEREAS, because of and based upon such changes, it
is just, equitable, and reasonable to amend the existing schedules of fees herein for users of the water system; and
WHEREAS, the Council find the schedules of fees adopted
herein are nondiscriminatory, reasonable and just; and
WHEREAS, notice of the public hearing on proposed rates
has been given pursuant to the Act; and
WHEREAS, a public hearing is to be held before this Council on May 8, 2023, at which time testimony from interested persons was received, after introduction of this ordinance
and pursuant to the Act.
NOW, THEREFORE, BE IT ORDAINED by this Common Council of the City of Loogootee, Indiana, that:
Section 1. The schedule of user rates and charges attached
hereto as Exhibit A, which amends the existing schedule of
user rates and charges pursuant to Ordinance No. 2020-4, adopted by the Council on August 10, 2020, shall apply to users
and customers of the water service provided by the City of
Loogootee, Indiana.
Section 2. The rates and charges provided in this Ordinance shall be effective on and after May 8, 2023.
Tap Charge: All new users shall pay a tap charge of the greater $700 or the actual cost to the City at the time they initially connect to the system.
Disconnection and Reconnection Charges: Whenever service is to be disconnected for any reason, a disconnection charge of $25 shall be assessed which must be paid before
service will be reconnected. In addition, before service will be
reconnected, a reconnection charge of $25 must be paid.
COMMON COUNCIL OF THE
CITY OF LOOGOOTEE
ATTEST: ROGER DOWNEY,

CLERK-TREASURER
April 26c