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  • Ordinance - Reestablish Capital Development Fund

    ORDINANCE NO. 2012-01 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15-5 allows municipalities to establish a Cumulative Capital Development Fund; and WHEREAS, it is the duty and the responsibility of the Wolcott Town Council to consider and adopt legislation intended to facilitate fiscal responsibility and to take advantage of the economic opportunities that are offered by the State of Indiana; and, WHEREAS, the Town of Wolcott had established in 1996 a Cumulative Capital Development Fund according to IC 36-9-15-5, which said fund was established to provide for the acquisition of a new fire truck, and now wishes to re-established for the purpose of all municipality purposes; and WHEREAS, the Town of Wolcott adopted the maximum rate of levy allowed of .0500 per $100 Assessed Valuation, but due to property tax assessment, the maximum levy has been decreased; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF WOLCOTT: Section 1. The Wolcott Cumulative Capital Development Fund is now re-established and re-titled Wolcott Municipal Cumulative Capital Development Fund. Section 2. The reestablishment of a Cumulative Capital Development Fund shall be established under the provisions of IC 36-9-15.5 for all uses as set out in IC 36-9-15.5, 36-8-14, 36-9-16-2, 36-9-16-3, 36-9-16.5, 36-9-17, 36-9-26, 36-9-27-100, 36-10-1-4, 36-10-3-21, and 36-10-4-36. Section 3. That an ad volarem property tax levy is being re-established at the maximum rate and the revenues from the levy will be retained in the Town of Wolcott Municipal Cumulative Capital Development Fund. Section 4. That the maximum rate of levy under Section 2 will not exceed .0500 per $100 Assessed Valuation for year 20011 and thereafter. Section 5. That the Town of Wolcott Municipal Cumulative Capital Development Fund is established until such time as the fund is rescinded. Section 6. That the funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund shall be used as specified and as specifically provided in IC 36-9-15.5, and shall be specifically designated by the Common Council as it deems fit and advises to spend the Capital Development Funds as set forth: For capital improvements, as described in IC 36-8-14, regarding firefighting, building, equipment and police radio equipment; For capital improvements, as described in IC 36-9-16-2, regarding the erection of buildings; For capital improvements, as described in IC 36-9-16-3, regarding expenditures for general cumulative capital improvement projects; For capital improvements, as described in IC 36-9-16.5 et seq., regarding expenditures for public streets, thoroughfares, sidewalks, and the like; For capital improvements, as described in IC 36-9-17 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-9-26 et seq., regarding establishment of a Cumulative Building Fund for Municipal Sewers as provided; For capital improvements, as described in IC 36-9-27-10, regarding establishment of a Cumulative Building Fund for Park and Recreation as provided; For capital improvements, as described in IC 36-9-27-10, regarding establishment of a Cumulative Building and Sinking Fund for Park and Recreation as provided; For capital improvements, as described in IC 36-10-3-21 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-10-1-4 et seq, regarding improvements and capital expenditures for structural/building improvements in the park system. Section 7. Notwithstanding Section 5, funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 5 if the purpose is to protect the public heath, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. Section 8. This re-establishment of an ad volarem property tax levy at the maximum rate takes effect upon approval of the Department of Local Government Finance. PASSED AND ADOPTED by the Council of the Town of Wolcott, White County, Indiana, this day of , 2012. COUNCIL OF THE TOWN OF WOLCOTT Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Amending Wastewater Rates & Charges

    Ordinance No. 2011-03 AN ORDINANCE AMENDING RATES AND CHARGES FOR THE USE OF THE WASTEWATER SYSTEM AND RELATED SERVICES OF THE TOWN OF WOLCOTT WHEREAS, Indiana Code Section 8-1.5-3-8 requires that the Town of Wolcott (“Town”) on behalf of its utility establish rates and charges which will produce an income sufficient to maintain the utility property in sound physical and financial condition to render adequate and efficient service; and WHEREAS, said Code section requires that rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the Town wastewater system. Such rates and charges shall produce sufficient revenue to: (1) pay all the legal and other necessary expenses incident to the operation of the utility, including: (A) maintenance costs; (B) operating charges; (C) upkeep; (D) repairs; (E) depreciation; and (F) interest charges on bonds or other obligations, including leases; (2) provide a sinking fund for liquidation of bonds or other obligations, including leases; (3) provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the municipality, not to exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals; (4) provide adequate money for working capital; (5) provide adequate money for making extensions and replacements to the extent not provided for through depreciation in subdivision (1); and (6) provide money for the payment of any taxes that may be assessed against the utility. WHEREAS, the Town Council of the Town has previously adopted Ordinance No. 2007-02 (collectively, “Ordinance”) establishing the wastewater rates and charges for the use and services rendered by the wastewater works of the Town; and WHEREAS, the Town Council finds that the rates and charges established by the Ordinance are insufficient to enable the Town to properly operate its wastewater plant, service its bonds and finance additions and improvements to its wastewater system; and WHEREAS, the Town Council of the Town has employed H. J. Umbaugh & Associates, a certified public accounting company, to study the financial status of the town’s utilities, to complete financial and rate studies, and based upon such rate study, the Town Council of the Town finds that certain rates and charges contained in the Ordinance should be increased. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The following rates are hereby amended and restated as follows: Metered Rates Based on Monthly Water Usage Treatment Rate Treatment Rate Per 1000 Gallons $ 7.18 Base Charge (in addition to treatment rate) Per Month Water Meter Size 5/8 inch meters $17.25 3/4 inch meters 23.81 1 inch meters 41.07 1 ¼ inch meters 64.72 1 ½ inch meters 93.44 2 inch meters 159.81 3 inch meters 365.75 4 inch meters 650.71 6 inch meters 1,458.53 CONNECTION OR TAP-ON CHARGES [1] 5/8 inch meters $1,225.00 [1] 3/4 inch meters [1] 1 inch meters [1] 1 ¼ inch meters [1] 1 ½ inch meters [1] 2 inch meters [1] 3 inch meters [1] 4 inch meters [1] [1] All connection charges will be made at the actual cost of making the connection – at a minimum of $1,225.00. PERMIT FEE No connection to the Town’s wastewater systems shall be allowed until an inspection fee of $30.00 has been made to the Town, and an inspection by the Wolcott Wastewater Superintendent and/or Wolcott Municipal Utilities Employee has been made and certified that said connection is correct and allowable. Section 2. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid parts or parts. Section 3. All other provision of all other rates and charges established by the Ordinance shall remain in full force and effect. Section 4. This ordinance shall be in full force and effect from and after its passage. PASSED AND ADOPTED by the Town Council of the Town of Wolcott, Indiana on the 15th day of November 2011. Aye Nay Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Reestablish Trash Fee

    PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2011-02 AMENDMENT TO ORDINANCE NO. 2006-03, ESTABLISHING RATES AND CHARGES FOR MUNICIPAL COLLECTION AND DISPOSAL FOR THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott, Indiana, has determined that a clean and well-maintained town is necessary for the safety and welfare of its citizens; and WHEREAS, the Council of the Town of Wolcott has become aware of residents leaving unsightly and odorous garbage and trash openly displayed in front yards more than one day before scheduled garbage and trash pick-ups; and WHEREAS, the Town of Wolcott is responsible to insure that garbage and trash from all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed according to this ordinance; and WHEREAS, after due consideration of the estimated cost for the provision of trash and refuse collection service within the Town of Wolcott, Indiana, the Council of the Town of Wolcott has determined that in the best interest of its citizens, it is necessary that the Council of the Town of Wolcott to adopt an ordinance increasing the fees and charges for the use of the trash and refuse collection service, and to set a schedule of when garbage and trash shall be set out for pick-up. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: Rates and Charges 1. Fees. The owner and/or the occupant of each residence or residential unit or other non-family dwelling located within the Town of Wolcott which are currently being provided Trash Collection Service by the Town or its agent(s) shall continue to be provided Trash Collection Service by the Town or its agent(s) unless specified differently in the contractual agreement between the Town and its agent(s). Each single residential unit and other non-family dwelling shall be assessed a fee of $8.75 per month for year 2010 beginning January 1 and ending December 31 of that respective year. Further, each single residential unit and other non-family dwelling shall be assessed a fee of $9.00 per month for year 2011, beginning January 1 and ending December 31 of that respective year; and each single residential unit and other non-family dwelling shall be assessed a fee of $9.25 per month for year 2012, beginning January 1 and ending December 31 of that respective year. The fees for collection and disposal of garbage and refuse shall be determined by the town council. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, with the regular Water and Wastewater billing for water and other charges as set forth in Ordinance No. 2004-05. Effective Date This Amendment to Ordinance No. 2006-03 shall be in full force and effect, retroactively, as of January 1, 2010, and through December 31, 2012, upon final hearing according to law and passage by the Council of the Town of Wolcott, Indiana, as described in IC 5-3-1-4. The rates established herein shall remain in effect until amended or changed by the Council of the Town of Wolcott. This ordinance shall amend or revoke any previously adopted ordinances in conflict herewith. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this 15th day of November, 2011. YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Council Member Richard A. Lynn, Council Member Fred A. Young, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member Michael A. Yelton, Council Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Re - Establish Capital Development Fund

    ORDINANCE NO. 2011-01 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15-5 allows municipalities to establish a Cumulative Capital Development Fund; and WHEREAS, it is the duty and the responsibility of the Wolcott Town Council to consider and adopt legislation intended to facilitate fiscal responsibility and to take advantage of the economic opportunities that are offered by the State of Indiana; and, WHEREAS, the Town of Wolcott had established in 1996 a Cumulative Capital Development Fund according to IC 36-9-15-5, which said fund was established to provide for the acquisition of a new fire truck, and is now re-established for the purpose of all municipality purposes ; and WHEREAS, the Town of Wolcott adopted the maximum rate of levy allowed of .0500 per $100 Assessed Valuation, but due to property tax assessment, the maximum levy has been decreased to .0280; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF WOLCOTT: Section 1. The Wolcott Cumulative Capital Development Fund is now re-established and re-titled Wolcott Municipal Cumulative Capital Development Fund. Section 2. That an ad volarem property tax levy is being re-established at the maximum rate and the revenues from the levy will be retained in the Town of Wolcott Municipal Cumulative Capital Development Fund. Section 3. That the maximum rate of levy under Section 2 will not exceed .0500 per $100 Assessed Valuation for year 20011 and thereafter. Section 4. That the Town of Wolcott Municipal Cumulative Capital Development Fund is established until such time as the fund is rescinded. Section 5. That the funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund shall be used as specified and as specifically provided in IC 36-9-15.5, and shall be specifically designated by the Common Council as it deems fit and advises to spend the Capital Development Funds as set forth: For capital improvements, as described in IC 36-8-14, regarding firefighting, building, equipment and police radio equipment; For capital improvements, as described in 36-9-4-48, regarding public transportation; For capital improvements, as described in IC 36-9-16-2, regarding the erection of buildings; For capital improvements, as described in IC 36-9-16-3, regarding expenditures for general cumulative capital improvement projects; For capital improvements, as described in IC 36-9-16.5 et seq., regarding expenditures for public streets, thoroughfares, sidewalks, and the like; For capital improvements, as described in IC 36-9-17 et seq., regarding expenditures for the general improvement fund as provided; For capital improvements, as described in IC 36-9-27-100, regarding capital improvements in drainage facilities; For capital improvements, as described in IC 36-10-1-4., regarding improvements and capital expenditures for structural/building improvements in the park system. Section 6. The Wolcott Town Council shall designate the specific use of funds as the Council deems fit, necessary and proper, and in accordance with IC 35-9-15.5, for the designation of the use of the Capital Improvements Funds as specifically set forth. Section 7. Notwithstanding Section 5, funds accumulated in the Town of Wolcott Municipal Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 5 if the purpose is to protect the public heath, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. Section 7. This re-establishment of an ad volarem property tax levy at the maximum rate takes effect upon approval of the Department of Local Government Finance. PASSED AND ADOPTED by the Council of the Town of Wolcott, White County, Indiana, this 19th day of July 19, 2011. COUNCIL OF THE TOWN OF WOLCOTT Marsha L. Mackey, Council President Jon H. Evans, Council Vice President Richard A. Lynn, Council Member Fred A. Young, Council Member Michael A. Yelton, Council Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Establish Stormwater Fee

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2010-02 ORDINANCE TO ESTABLISH THE FEE TO PROVIDE REVENUE TO THE STORMWATER FUND WHEREAS, Indiana Code Section 8-1.5-5, et seq., allows municipalities to establish funding thereto, and that the Town of Wolcott has not previously established funding for storm water management, and to establish a means of providing revenue to said fund; WHEREAS, it is prudent of the Town of Wolcott establish a fund regarding same to effective resolve storm water collection and disposal and to update techniques and equipment as needed; including but not limited to, repair and replace storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties; WHEREAS, it is the responsibility of the Town Council to establish the fee to provide revenue for Storm Water Management annually or as often as necessary in accordance with the need to establish and maintain a Storm Water Fund. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA (A) The Fee per property parcel for 2010. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $2.25 for the year 2010, to provide revenue for the Storm Water Fund to be collected in connection with the garbage collection. Said fee shall be billed with the garbage collection billing; however, said billing is not associated with collection of garbage, nor is the collection of same related thereto. Said fee shall be collected retroactively from January 1, 2010 to current billing. (B) The Fee per property parcel for 2011. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $2.00 for the year 2011, to provide revenue for the Storm Water Fund to be collected in connection with the garbage collection. Said fee shall be billed with the garbage collection billing; however, said billing is not associated with collection of garbage, nor is the collection of same related thereto. . (C) The Fee per property parcel for 2012. In accordance with I.C. Section 8-1.5-5-7, The Town Council of the Town of Wolcott establishes a Flat Fee of $1.75 for the year 2012, to provide revenue for the Storm Water Fund to be collected in connection with the garbage collection. Said fee shall be billed with the garbage collection billing; however, said billing is not associated with collection of garbage, nor is the collection of same related thereto. (D) If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 16th day of February , 2010, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 4 in favor and 0 opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay /s/ Marsha L. Mackey Marsha L. Mackey, President Marsha L. Mackey, President /s/ Jon H. Evans Jon H. Evans, Vice President Jon H. Evans, Vice President /s/ Richard A. Lynn Richard A. Lynn, Member Richard A. Lynn, Member /s/ Jerry Pinkerton Jerry Pinkerton, Member Jerry Pinkerton, Member /s/ Fred A. Young Fred A. Young, Member Fred A. Young, Member Attest: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Establishing Stormwater Charge

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2010-01 ORDINANCE TO ESTABLISH THE TOWN OF WOLCOTT AS A SPECIAL TAXING DISTRICT FOR STORMWATER MANAGEMENT AND ESTABLISH A STORMWATER FUND WHEREAS, municipalities of Indiana are authorized to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, and to preserve the peace, order and safety of the Town, including the installation, maintenance and operation of storm water collection and disposal; and WHEREAS, Indiana Code Section 8-1.5-5 et seq., authorizes the Town of Wolcott, to establish a Special Taxing District for the purposes of funding said storm water management; and WHEREAS, the Town Council of the Town of Wolcott, White County, Indiana, has determined that it is in the best interests of the Town of Wolcott and its residents to install, maintain and operate the collection of storm water and disposal thereof, in order to protect and preserve the health, safety and welfare of citizens of the Town of Wolcott; and WHEREAS, Indiana Code Section 8-1.5-5, et seq., allows municipalities to establish funding thereto, and that the Town of Wolcott has not previously established funding for storm water management, and to establish a means of providing revenue to said fund; WHEREAS, it is prudent of the Town of Wolcott to establish a fund regarding same to effectively resolve storm water collection and disposal and to update techniques and equipment as needed; including but not limited to, repair and replace storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties; NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE ESTABLISHING THE TOWN OF WOLCOTT AS A SPECIAL TAXING DISTRICT FOR STORMWATER MANAGEMENT AND ESTABLISH A STORMWATER FUND (A) Definitions. Section ___-01. Definitions – “Special Taxing District” For purposes of this Chapter, shall mean all properties located within corporate boundary of the Town of Wolcott, State of Indiana as defined by Indiana Code Section 8-1.5-5 -5, to be utilized for funding Storm Water Management for said municipality. Section ___-02. Definition.- “Storm Water Management” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean the installation, maintenance and operation of storm water collection and disposal; which includes, but is not limited to, the repair and replacement storm and drainage tiles and pursue other endeavors related the elimination of storm water from streets and properties. Section ___-03. Definition.- “Storm Water Management Board” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean a board established by the Town Council of Wolcott to be responsible for Storm Water Management. Section ___-04. Definition.- “Storm Water Fund” for purposes of this Chapter, as defined by Indiana Code Section 8-1.5-5 et seq., shall mean an account established for the Storm Water Management, and said fund to be directed by the Storm Water Management Board. (B) Establishment of a Special Taxing District for purposes of Storm Water Management. The Town Council of Wolcott establishes a Special Taxing District in accordance with I.C. Section 8-1.5-5-5 for purposes of establishing and creating revenue for a Storm Water Fund. In accordance with said Statute, the Special Taxing District is the corporate limits of the Town of Wolcott, State of Indiana. (C) Establishment of Storm Water Management Board. The Town Council of Wolcott establishes a Storm Water Management Board, in accordance with I.C. Section 8-1.5-5-4 et seq. Said Board shall initially consist of members of the Town Council of Wolcott and said members shall be in accordance with said statute. The powers of said board shall be in accordance with I.C. Section 8-1.5-5-6. (D) Establishment of a Storm Water Fund. The Town Council of Wolcott establishes a Storm Water Fund, in accordance with I.C. Section 8-1.5-5-7, 8-1.5-5-8, 8-1.5-5-9, 8-1.5-5-10 and 8-1.5-5-11. Said funds shall be established and maintained in accordance with I.C. Section 8-1.5-5 et seq. (E) Establishment of a Fee to Provide Revenue for Storm Water Fund. The Town Council of Town of Wolcott establishes a fee, in accordance with I.C. Section 8-1.5-5-7. The Town Council shall establish a flat fee per parcel of property within the Special Taxing District to provide revenue for the Storm Water Fund. The Town Council shall establish said fee annually, or as often as is necessary and prudent for the creation of said fund and operation therewith. (F) If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 16th day of February , 2010, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 4 in favor and 0 opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay /s/ Marsha L. Mackey Marsha L. Mackey, President Marsha L. Mackey, President /s/ Jon H. Evans Jon H. Evans, Vice President Jon H. Evans, Vice President /s/ Richard A. Lynn Richard A. Lynn, Member Richard A. Lynn, Member /s/ Jerry Pinkerton Jerry Pinkerton, Member Jerry Pinkerton, Member /s/ Fred A. Young Fred A. Young, Member Fred A. Young, Member Attest: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Amending Water Rates

    Ordinance No. 2009-03 AN ORDINANCE AMENDING RATES AND CHARGES FOR THE USE OF THE WATER SYSTEM AND RELATED SERVICES OF THE TOWN OF WOLCOTT WHEREAS, Indiana Code Section 8-1.5-3-8 requires that the Town of Wolcott, on behalf of its utility, establish rates and charges which will produce an income sufficient to maintain the utility property in sound physical and financial condition to render adequate and efficient service; and WHEREAS, said Code section requires that rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the Town water system. Such rates and charges shall produce sufficient revenue to: (1) pay all the legal and other necessary expenses incident to the operation of the utility, including: (A) maintenance costs; (B) operating charges; (C) upkeep; (D) repairs; (E) depreciation; and (F) interest charges on bonds or other obligations, including leases; (2) provide a sinking fund for liquidation of bonds or other obligations, including leases; (3) provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the municipality, not to exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals; (4) provide adequate money for working capital; (5) provide adequate money for making extensions and replacements to the extent not provided for through depreciation in subdivision (1); and (6) provide money for the payment of any taxes that may be assessed against the utility. WHEREAS, the Town Council of the Town of Wolcott (“Town”) has previously adopted Ordinance No. 2005-01, (collectively, “Ordinance”) establishing the water rates and charges for the use and services rendered by the water works of the Town; and, WHEREAS, the Town Council finds that the rates and charges established by the Ordinance are insufficient to enable the Town to properly operate its water works plant, service its bonds and finance additions and improvements to its water works system; and WHEREAS, the Town Council has caused a rate study to be completed by the firm of Therber & Brock, Indianapolis, Indiana, and based upon such rate study, the Town Council of the Town finds that certain rates and charges contained in the Ordinance should be increased; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The rates established in Exhibit A of the Ordinance are hereby amended by an increase of 25.59% in three phrases, respectively, effective: A) January 1, 2010 (Exhibit A) – 11.59% increase, June 1, 2010 (Exhibit B) – 6.55%, and January 1, 2011 (Exhibit C) – 5.57% and restated as follows: (See attached hereto and made a part hereof) Section 2. All other provision of all other rates and charges established by the Ordinance shall remain in full force and effect. Section 3. This ordinance shall be in full force and effect on January 1, 2010. Passed and adopted by the Town Council of the Town of Wolcott, Indiana on the 17th day of November, 2009. COUNCIL OF TOWN OF WOLCOTT Aye Nay /s/ Marsha L. Mackey Marsha L. Mackey, Council President Marsha L. Mackey, Council President /s/ Jon H. Evans Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President /s/ Richard A. Lynn Richard A. Lynn, Council Member Richard A. Lynn, Council Member Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member /s/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, Clerk-Treasurer

  • Ordinance - Unsafe Buildings

    ORDINANCE NO. 2009-02 AN ORDINANCE ESTABLISHING UNSAFE BUILDINGS RULES AND REGULATIONS ARTICLE I. TITLE. Under the provisions of Indiana Code 36-7-9, there is hereby established the Town of Wolcott Unsafe Building Law. ARTICLE II. PURPOSE 2.0 Indiana Code 36-7-9 through 36-7-9-28 is hereby adopted by reference as the Town of Wolcott Unsafe Building Law. 2.1 All proceedings within the Town of Wolcott for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this ordinance. 2.2 In the event the provisions of this ordinance conflict with the provisions of Indiana Code 36-7-9-1 through 36-7-9-29, then the provisions of the State statue shall control. ARTICLE III. SCOPE 3.0 All buildings or portions thereof within the Town of Wolcott which are determined after inspection by the Town Council, or its designated representative, to be unsafe as defined in this ordinance and/or the referenced state statute, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal. ARTICLE IV. AUTHORITY 4.0 The Town Council of the Town of Wolcott, or its designated representative who shall be hereinafter referred to as the Inspector, is authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified thereafter. 4.1 (A) Wherever in the building regulations of the Town of Wolcott Unsafe Building Law, it is provided that anything must be done to the approval of or subject to the direction of the Inspector, or any other officer of the Town. (B) This shall be construed to give such officer only the discretion to determine whether the rules and standards established by ordinance have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner. ARTICLE V. DEFINITIONS 5.0 (A) The description of an unsafe building contained in Indiana Code 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the Town of Wolcott, Indiana by adding the following definition. 5.0 (B) For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning. SUBSTANTIAL PROPERTY INTEREST. The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2, is hereby incorporated by reference herein as if copied in full. UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered. (a) Whenever any door, aisle, passageway, or other means of exit is not sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; (b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic; (c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half (1 ½) times the working stress or stresses allowed for new buildings of similar structure, purpose or location; (d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings or similar structure, purpose or location; (e) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property; (f) Whenever any portion of a building, or any member, appurtenance, ornamentation or the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings or similar structure, purpose or location without exceeding the working stresses permitted for such buildings; (g) Whenever any portion thereof has wreaked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction; (h) Whenever the building or structure, or any portion thereof, because of : 1. Dilapidation, deterioration, or decay; 2. Faulty construction; 3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4. The deterioration, decay or inadequacy of its foundation; 5. Any other cause, is likely to partially or completely collapse. (i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; (j) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, of fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside walls or coverings; (k) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become: 1. An attractive nuisance to children; or 2. Freely accessible to persons for the purpose of committing unlawful acts. (l) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the White County, or of any law or ordinance of this State or Town of Wolcott relating to the condition, location or structure of buildings; (m) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non-supporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the: 1. Strength; 2. Fire-resisting qualities or characteristics; or 3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same locations. (n) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the White County Health Department to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; (o) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the Fire Department to be a fire hazard; and (p) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period of excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. ARTICLE VI. STANDARDS AND PRACTICES. 6.0 All work for the reconstruction, alteration, repair or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade. 6.1 The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the Inspector. ARTICLE VII. BUILDING FUND. 7.0 An Unsafe Building Fund is hereby designated and established in the operating budget of the Town of Wolcott, in accordance with the provisions of I.C. 36-7-914. ARTICLE VIII. EFFECTIVE DATE 8.0 This chapter shall be in full force and effect from and after its passage and adoption by the Town Council and publication as required by state law. ARTICLE IX. PENALTY. 9.0 No person, firm or corporation, whether as owner, lessee, sublessee or occupant shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to, or in violation of, any of the provisions of this chapter or state statute or any order issued by the Inspector. 9.1 Any persons violating the provisions of this chapter or I.C. 36-7-9-28 shall commit a Class C infraction for each day the violation continues. Introduced and Filed on the 1st day of September , 2009. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 5 in Favor and 0 Opposed. DULY PASSED AND ADOPTED this 1st day of September , 2009 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote of 5 in Favor and 0 Opposed. AYE NAY /s/ Marsha L. Mackey Marsha L. Mackey, Council President Marsha L. Mackey, Council President /s/ Jon H. Evans Jon H. Evans, Council Vice President Jon H. Evans, Council Vice President /s/ Richard A. Lynn Richard A. Lynn, Council Member Richard A. Lynn, Council Member /s/ Jerry Pinkerton Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member /s/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Firework Use

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2009-01 ORDINANCE AMENDING THE WOLCOTT CODE OF ORDINANCES TO REGULATE THE USE OF CONSUMER FIREWORKS WHEREAS, Indiana Code Section 36-1-3-et seq., authorizes the Town of Wolcott, as a municipality, to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, and to preserve the peace, order and safety of the Town; and WHEREAS, Indiana Code Section 22-11-14, et seq., provides that counties and municipalities may adopt ordinances to regulate the time and location for the use, ignition or discharge of fireworks, and that fireworks regulations ordinance may not limit the use of fireworks on certain days during certain times of the year; and WHEREAS, the Town Council of the Town of Wolcott, White County, Indiana, has determined that use of fireworks within the corporate boundaries of the Town of Wolcott requires unique and special supervision in order to protect and preserve the health, safety and welfare of citizens of the Town of Wolcott; and WHEREAS, Indiana Code Section 22-11-14, et seq., requires that all municipalities allow a minimum number of certain specific days for the use, ignition or discharge of fireworks, and that the Town Council of the Town of Wolcott has determined to exercise their right as a municipality to limit fireworks in accordance with said Indiana Code Section. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA CHAPTER 26. REGULATION OF CONSUMER FIREWORKS Section 26-01. Definition – “Consumer Fireworks” For purposes of this Chapter, Consumer Fireworks shall mean consumer fireworks as defined by Indiana Code Section 22-11-14-1. Section 26-02. Use and Discharge of Consumer Fireworks Possession by Minors. Children (under eighteen [18] years of age) shall only possess or use any kind of fireworks when an adult is present. Location of Use. Consumer Fireworks shall exclusively be use on: 1) The user’s property; or 2) The property of someone who has affirmatively consented to the use of fireworks on the property; or 3) A location authorized by Special Permit as a special discharge location, that is defined as a place designated for the discharge of consumer fireworks under the policies of the State Fire Marshal in effect until such time as a board or official specifically authorized may so amend. Time of Use. Consumer Fireworks may not be used, ignited or discharged with the corporate limits of the Town of Wolcott, except during the following times: 1) Between 5:00 p.m. and two (2) hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9 2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and 3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1 Exemptions. The Ordinance shall not be construed to prohibit the use of fireworks by railroads or other transportation agencies, the sale or use of blank cartridges for a show, ceremonial purpose, use by military organizations, and use of indoor pyrotechnics special effects. Section 26-03 Penalty. Except as otherwise provided, any person, entity or organization who shall violate any provision of this chapter shall be fined in the amount of $250.00 per violation to be paid to the Clerk-Treasurer of the Town of Wolcott. If such person(s), entity or organization shall violate any provisions of this chapter, such violations shall be construed as justiciable offense, and upon conviction or finding of liable, shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500.00. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. Section 26 -04. All existing Town Code Sections and Ordinances, or parts thereof in conflict with the provision of this Ordinance, are herby repealed and declared to be null and void and of no legal effect. Section 26-05. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance. DULY ORDAINED and ADOPTED this 5th day of May, 2009, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of five (5) in favor and none (0) opposed. WOLCOTT TOWN COUNCIL WOLCOTT, WHITE COUNTY, INDIANA AYE NAY /s/ Marsha L. Mackey, President Marsha L. Mackey, President /s/ Jon H. Evans, Vice President Jon H. Evans, Vice President /s/ Richard A. Lynn, Member Richard A. Lynn, Member /s/ Jerry Pinkerton, Member Jerry Pinkerton, Member /s/ Fred A. Young, Member Fred A. Young, Member ATTEST: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Ambulance Rates

    ORDINANCE NO. 2008-02 ORDINANCE APPROVING RATES FOR THE WOLCOTT AMBULANCE SERVICE WHEREAS, the Town of Wolcott is the owner of emergency ambulance service, herein referenced as "Wolcott Ambulance Service," and all of said service's equipment and apparatus; and WHEREAS, the Wolcott Ambulance Service provides emergency services to the Town of Wolcott, all of Princeton Township, Round Grove Township and West Point Township, western White County, including areas of Interstate 65, and assistance to other emergency services as needed; and WHEREAS, much time has passed since the rates and charges of the Wolcott Ambulance Service were last amended by Wolcott Town Ordinance No. 3-2002, and replacement costs, repairs, and other operating costs have risen significantly; and, WHEREAS, the Wolcott Ambulance Service requires an increase in rates and charges to meet its operating need; and, WHEREAS, the Wolcott Ambulance Service has established fees to be charged to persons making use of the service. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, State of Indiana, that the schedule of fees charged by the Wolcott Ambulance Service heretofore be in effect as follows: Emergency Basic 350.00 Miles 7.00 All other expenses incurred while providing emergency care will be charged to patients according to retail charges (see attached sheet). This Ordinance upon passage and adoption shall become effective on this 1st day of September, 2008. Passed and adopted by the Town Council of the Town of Wolcott this 19th day of August, 2008. TOWN OF WOLCOTT YEA NAY Marsha L. Mackey, Council President Marsha L. Mackey, Council President Jon H. Evans, Council Vice-President Jon H. Evans, Council Vice-President Jerry Pinkerton, Council Member Jerry Pinkerton, Council Member Richard A. Lynn, Council Member Richard A. Lynn, Council Member Kurtis A. Dye, Council Member Kurtis A. Dye, Council Member ATTEST: _____________________________________ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer Town of Wolcott

  • Ordinance Amendment - Summer Sewage

    ORDINANCE NO. 2007-10 AN ORDINANCE AMENDING ORDINANCE NO. 2007-02 WHEREAS, it is in the best interests of the Wolcott Municipal Sewer Utility to amend Ordnance No. 2007-02, to establish summer sewer rates for single-family residential dwelling units connected to the Wolcott Municipal Sewer Utilities. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Wolcott that Ordinance No. 2007-02 is hereby amended to include the following: Summer Sewer Rates: A summer sewer rate is herby established for residential single-family dwelling users for water used during the months of July, August and September which does not pass through the sanitary sewage system of the user, as follows: (1) If the quantity of water used by a residential single-family dwelling user in June, July, August and September is greater than the average consumption for the preceding months of October, November, and December, the user’s sewer service bill shall be based on the average water flow for the months of October, November, and December for water used on the property or premises subject to all other rates and charges; provided, however, that if no prior sewage service bill was rendered for such property or premises during said calendar year, then in such event the town may determine in such manner and by such methods as it may deem practicable, the percentage of metered water entering the sewage system and the percentages so determined shall constitute the basis for sewage service charges for the months of June, July, August and September. (2) The summer sewer credit established herein shall not apply to a residential single-family dwelling user if the quantity of water used during June, July, August and September is less than or equal to the user’s average consumption for the preceding months of October, November and December. (3) Domestic/residential sewage service (as applicable to the summer sewage rate) shall apply to each lot, parcel, real estate, or building which is occupied and used as a single-family residence. Said summer sewage rate shall not apply to any premises which are partially or totally used for commercial or industrial purposes including, but not limited to: hotels/motels, retirement/nursing home facilities, rooming houses, apartment complexes, resident training or educational facilities, or other commercial properties or housing groups of individuals. DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 17th day of July , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 4 in Favor and 0 Opposed. AYE NAY Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Engine Brake

    ORDINANCE NO. 2007-09 AN ORDINANCE PROHIBITING USE OF ENGINE COMPRESSION BRAKES WITHIN THE CORPORATE LIMITS OF THE TOWN OF WOLCOTT ARTICLE 1. ENGINE COMPRESSION BRAKES No multi-axle motor vehicle or truck may use engine compression braking (otherwise known as compression-release braking or “Jake Brakes”) or other operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle upon any road within the corporate limits of the Town of Wolcott. ARTICLE 2. Signs indicating the above restriction shall be erected and maintained in accordance with the Uniform Traffic Control Manual of the State. Any person who violates the restrictions established by this section when the required signs have been erected shall be subject to fine as established in Ordinance No. 2007-03, Town of Wolcott Ordinance Violations Bureau ARTICLE 3. ABATEMENT 3.1 ABATEMENT. All persons, firms, or corporations owning or leasing any motor vehicle that travels through any street or highway within the corporate boundary of the Town of Wolcott are hereby required not to use engine compression braking or other operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle. 3.2 NOTICE OF ABATEMENT: PROCEDURE. Any persons, firms, or corporations owning or leasing any motor vehicle who receive Notice to Abate from the Bureau of Ordinance Violation or its authorized and designated representative will have five working days from the receipt of the Notice to Abate to abate the use of engine compression braking or other operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle as described in this section. 3.3 OTHER ORDINANCES OR STATUTES: A) All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. B) This ordinance shall not limit the authority of the Town of Wolcott from towing a vehicle prior to the aforementioned period if authorized by another ordinance or statute. 3.4 CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. 3.5 SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. 3.6 DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. Introduced and Filed on the 15th day of May , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 3 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 5th day of May , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 3 in Favor and 0 Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

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