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ORDINANCE NO. 5-2020
<br />AN ORDINANCE AMENDING ORDINANCE NO. 8-2010, ESTABLISHING NEW RATES AND
<br />CHARGES FOR THE USE AND SERVICES RENDERED BY THE SEWAGE WORKS SYSTEM
<br />OF THE TOWN OF MOORESVILLE, INDIANA
<br />WHEREAS, the Town of Mooresville, Indiana (the "Town"), has heretofore constructed and has in
<br />operation a sewage works utility; and
<br />WHEREAS, the Town Council of the Town (the "Council") has previously established the existing
<br />schedule of user rates and charges for sewage works service, pursuant to Ordinance No. 8-2010, adopted by
<br />the Council on July 20, 2010; and
<br />WHEREAS, the Town has employed Baker Tilly Municipal Advisors, LLC (the "Municipal
<br />Advisor") to prepare a rate report reviewing the sufficiency of such existing rates and charges; and
<br />WHEREAS, the Municipal Advisor has prepared and submitted a rate report (the "Rate Report")
<br />which concludes that existing rates and charges are insufficient to pay all the legal and other necessary
<br />expenses incident to the operation of the utility, including maintenance costs, operating charges, upkeep,
<br />repairs, depreciation, including increases in such costs, and the payment of principal and interest on bonds,
<br />future bonds or other obligations; and
<br />WHEREAS, pursuant to IC 36-9-23, as amended (the "Act"), this Council may change or adjust its
<br />existing schedule of fees by ordinance after providing notice and conducting a public hearing; and
<br />WHEREAS, the Clerk -Treasurer of the Town has given notice of the public hearing on proposed
<br />rates as provided for in the Act; and
<br />WHEREAS, the public hearing was held before this Council on the date hereof, at which time
<br />testimony from interested persons was received, after introduction of this ordinance and as provided for in
<br />the Act.
<br />NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
<br />MOORESVILLE, INDIANA, THAT:
<br />SECTION 1. The Council hereby finds and determines that, based upon the Rate Report, the
<br />existing rates and charges are insufficient to pay all the legal and other necessary expenses incident to the
<br />operation of the utility, including maintenance costs, operating charges, upkeep, repairs, depreciation,
<br />including increases in such costs, and the payment of principal and interest on bonds, future bonds or other
<br />obligations.
<br />SECTION 2. The Council finds and determines that the proposed rates and charges as set forth in
<br />the Rate Report are nondiscriminatory, reasonable and just, and therefore should be adopted.
<br />SECTION 3. The Council finds and determines that the proposed rates set forth in Exhibit A hereto
<br />are nondiscriminatory, reasonable and just, and should be adopted.
<br />SECTION 4. Any adjustments or allowances made to sewage bill quantities under any provision
<br />of Ordinance No. 8-2010 or otherwise shall be in the form of a rebate (rather than a discount) and paid from
<br />revenues available in the Improvement Fund.
<br />SECTION 5. With respect to any billing and liability for landlords of a tenant's usage, the Town
<br />shall comply with the applicable provisions of IC 8-1.5-3-8, as amended.
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