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  • Ordinance - Establishing A Wastewater System Development Fee

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2015-04 AN ORDINANCE ESTABLISHING A WASTEWATER SYSTEM DEVELOPMENT CHARGE TO THE WASTEWATER FUND 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 Wastewater Utility establishes rates and charges which will produce an income sufficient to maintain the wastewater 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 employed H. J. Umbaugh & Associates, a certified public accounting company, to study the financial status of the town’s utilities, to complete financial studies, and to report upon the propriety and amount of Wastewater System Development Charge; and WHEREAS, the Town Council of the Town wishes to establish a Wastewater System Development Charge from new users of the Town’s Wastewater system equal to the net investment of existing users in the Wastewater System to render adequate and efficient service. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. A) That a “Wastewater System Development Charge” is the charge to a user for a new connection to or a change in the connection to accommodate additional wastewater usage from an existing connection to the Town’s Wastewater System and is charged in return for the Town making available to such user the Town’s wastewater system consisting of all facilities and operation necessary to render adequate and efficient service to such user. B) That the Wastewater System Development Charge shall be charged in addition to the Wastewater Connection Fee as outlined in Ordinance No. 2011-03 and any and all amended wastewater rates and charges in future ordinances. The amount of the Wastewater System Development Charge shall be dependent on the water meter size and shall be as established in Exhibit A of the Ordinance; C) That the purpose of the Wastewater System Development Charge is to recover from New Customers an equity fee for the investments and improvements already existing and developed by the Wolcott Municipal Utilities and its existing customers, in the Wastewater Treatment System and to apply the proceeds of the Wastewater System Development Charge to support the excess capacity in the Wastewater Treatment System available for growth, and to thereby offset some of the costs associated with that excess capacity that would otherwise be paid by existing customers; D) That prior to any connection being implemented for a New Customer or implementing a connection for a larger capacity for an existing customer, the Wastewater System Development Charge must be paid in full; further no new connections to the Town’s Water systems shall be allowed until a payment of a Wastewater System Development Charge has been made to the town; and, E) That all revenue collected from a Wastewater System Development Charge shall be deposited in the Wastewater Depreciation/Capital Improvement Fund. (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 from and after its passage. Section 4. 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 7th day of April, 2015, by the Town Council of the Town of Wolcott, County of White, Indiana having a vote of four in favor and none opposed. TOWN COUNCIL, TOWN OF WOLCOTT, INDIANA YEA NAY /s/ Marsha L. Mackey, President /s/ Jon H. Evans, Vice President /s/ Richard A. Lynn, Council Member /s/ Fred A. Young, Council Member /s/ Michael A. Yelton, Council Member So Witnessed and attested to this 7th day of April, 2015: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer ATTACHMENT “A” WOLCOTT (INDIANA) MUNICIPAL WASTEWATER UTILITY APRIL 7, 2015 WASTEWATER SYSEM DEVELOPMENT CHARGES BY METER SIZE SYSTEM METER SIZE DEVELOPMENT FEE 5/8” – 3/4” $ 2,086 1” $ 5,215 1 ¼” $ 8,344 1 ½” $ 12,099 2” $ 20,860 3” $ 47,978 4” $ 83,440 6” $ 189,826 A meter size greater than a 6-inch meter size will be charged $189,826 or actual cost.

  • Ordinance - Establishing A Water System Development Fee

    Ordinance No. 2015-03 AN ORDINANCE ESTABLISHING A WATER SYSTEM DEVELOPMENT CHARGE TO THE WATER FUND 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 Water 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 has employed H. J. Umbaugh & Associates, a certified public accounting company, to study the financial status of the town’s utilities, to complete financial studies, and to report upon the propriety and amount of Water System Development Charge; and WHEREAS, the Town Council of the Town wishes to establish Water System Development Charge for new users of the Town’s Water system equal to the net investment of existing users in the Water System to render adequate and efficient service; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. A) That no connection the Town’s Water systems shall be allowed until a payment of a Water System Development Charge has been made to the town; B) That a “Water System Development Charge” is the charge to a user for a new connection to or additional water usage from an existing connection to the Town’s water works system and is charged in return for the Town making available to such user the Town’s water system consisting of all facilities and operation necessary to render adequate and efficient service to such user. The Water System Development Charge shall be charged in addition to the Water Connection Fee as outlined in Ordinance No. 2009-03 and any and all amended water rates and charges in future ordinances. The amount of the Water System Development Charge shall be dependent on the water meter size and shall be as established in Exhibit A of the Ordinance; (See attached hereto and made a part hereof) C) That the purpose of the Water System Development Charge is to recover from New Customers a share of the equity collectively built up by the Wolcott Municipal Utilities and its existing customers, in the Water Works system and to apply the proceeds of the Water System Development Charge to support the excess capacity in the Water Works available for growth, and to thereby offset some of the costs associated with that excess capacity that would otherwise be paid by existing customers; and, D) That all revenue collected from a Water System Development Charge shall be deposited in the Water Depreciation/Capital Improvement Fund. 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 from and after its passage. DULY ORDAINED and ADOPTED this 7th day of April, 2015, by the Town Council of the Town of Wolcott, County of White, Indiana having a vote of four in favor and none opposed. TOWN COUNCIL, TOWN OF WOLCOTT, INDIANA YEA NAY /s/ Marsha L. Mackey, President /s/ Jon H. Evans, Vice President /s/ Richard A. Lynn, Council Member /s/ Fred A. Young, Council Member /s/ Michael A. Yelton, Council Member So Witnessed and attested to this 7th day of April, 2015: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer ATTACHMENT “A” WOLCOTT (INDIANA) MUNICIPAL WATER UTILITY APRIL 7, 2015 WATER SYSEM DEVELOPMENT CHARGES BY METER SIZE SYSTEM METER SIZE DEVELOPMENT FEE 5/8” – 3/4” $ 2,783 1” $ 6,958 1 ¼” $ 11,132 1 ½” $ 13,915 2” $ 22,264 3” $ 44,528 4” $ 69,575 6” $ 139,150 A meter size greater than a 6-inch meter size will be charged $139,150 or actual cost.

  • Ordinance - Establishing Sewer Fees & Inspection

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. __2015-02_ ORDINANCE ESTABLISHING SUPPLEMENTAL SEWER FEES AND INSPECTION & COMPLIANCE PROGRAM WHEREAS, municipalities of Indiana are authorized to adopt Ordinances for the purpose of protecting the health, safety and welfare of its residents, business and real property owners, 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, the Town of Wolcott, per Indiana Code Section 8-1.5-5 et seq., established 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, business owners and property owners 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 residents, businesses owners/operators and other property owners of the Town of Wolcott; and WHEREAS, the Town of Wolcott is required by law to cover all expenses related to operation of town facilities which includes the town sewer facilities and equipment; and WHEREAS, that as a result of a high volume of water entering the sewer system during times of moderate to heavy rain, the town sewer system is facing additional and previously unanticipated expenses for maintenance or replacement of town sewer equipment which the present sewer fee program does not address; and WHEREAS, the Town of Wolcott must take all necessary steps to comply with Article 8.5, 170 IAC, rule 8.5-1-2, which states that it is unlawful to discharge water from sump pumps, foot drains, or rain water into sanitary lines (House/Business/Property Laterals); and WHEREAS, the Town of Wolcott, to be in compliance with same, establishes a program to encourage residents, businesses (owners/operators/managers) and other property owners to allow inspection of their properties and, or to establish additional funding to cover expenses related to additional maintenance or replacement of sewer equipment associated with the large volume of water which the town sewer system is presently having to manage. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE ESTABLISHING SUPPLEMENTAL SEWER FEES AND INSPECTION PROGRAM (A) The Town of Wolcott, to operate in compliance with Article 8.5, 170 IAC, rule 8.5-1-2 establishes a Supplemental Sewer Fee and Inspection Program for all residents, businesses, other real properties and owners of real property (or their agents) served by or are customers of Town of Wolcott sewer services; (B) That the Town of Wolcott establishes a supplemental fee in the form of a surcharge of $50.00 per month to cover the additional expenses of maintenance and equipment replacement heretofore unaccounted for, yet required to manage the high volume of water which presently comes through the sewer system, especially during times of moderate to heavy rains; (C) That the above stated surcharge will be waived for all residents and businesses (owners/operators/managers) and other property owners that allow a town employee to inspect their property related to the down spouts, sump pumps, footing drains, and yard cleanouts to confirm compliance with State Law ( Article 8.5, 170 IA, Rule 8.5-1-2 ); (D) That the above stated surcharge of Fifty Dollars ($50.00) per month shall be added to the present sewer fees or charges issued to each resident, business, business owner/operation/manager or real property owner or agent served by or are customers of Town of Wolcott sewer services; (E) That the above stated waivers must be renewed on a semi-annual basis (every six (6) months); (F) That inspections shall be scheduled and occur during normal business hours in accordance with the schedule of Town employees, contractors or agents of the Town of Wolcott; (G) That failure to cooperate with scheduling or inspection of the residence, business or any real property shall completely nullify any previously stated waiver of surcharge during that six (6) month time period as if the waiver was not granted during said six (6) month time period; hence, the supplemental sewer fee shall be due for all six (6) months of that time period without regard to whether a waiver was initially granted or not; (H) That if, after the real estate is inspected, it is determined to not be in compliance with State Law (as stated above) then said non-compliance shall nullify any previously stated waiver of the supplemental sewer fee during that six (6) month time period as if the waiver was not granted during said six (6) moth period; hence, the supplemental sewer fee shall be due for all six (6) months of that time period without regard to whether a waiver was initially granted or not; (J) That it is the sole obligation of the residents and businesses (owners/operators/managers) and other property owners to make all necessary arrangements for the above stated inspections; that the Town of Wolcott has no obligation to contact or otherwise further inform or remind of the waiver option; (K) That billing of the above stated supplemental sewer fee shall be sent to all residents and businesses (owners/operators/managers) and other property owners by means of the water/sewer bills, or by any other means the Town determines will notify the property owners/managers that said supplemental sewer fee are due and owing; (L) That all revenue collected under this ordinance shall be deposited in the Wastewater Depreciation/Capital Improvement Fund; (M) That this Ordinance shall take effect and billing shall begin on the 1st day of May, 2015; and, (N) That 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 17th day of March, 2015, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of four in favor and none opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA YEA NAY /s/ Marsha L. Mackey, President /s/ Jon H. Evans, Vice President /s/ Richard A. Lynn, Council Member /s/ Fred A. Young, Council Member /s/ Michael A. Yelton, Council Member So Witnessed and attested to this 17th day of March, 2015: /s/ Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance Amendment - Incur Debt for Park Board

    ORDINANCE NO. 2014 - 02 AN AMENDMENT TO ORDINANCE NO. 2014-01, TO INCUR DEBT FOR PARK BOARD FUND WHEREAS the Wolcott Town Council met Tuesday, August 19, 2014 at 6:00 p.m. in the Community Room of the Wolcott Town Hall its regular stated meeting; and, WHEREAS the Wolcott Park Board desires to incur debt to install and purchase playground equipment and accessories for the Roger Wolcott Park in the amount of $40,000.00; and, WHEREAS, the Wolcott Park Board is a department of the Town of Wolcott and the Town of Wolcott and Princeton Township own real property in the designated park area; WHEREAS, Indiana Code 36-5-2-12 allows that: A) The legislative body may, by ordinance, make loans of money for not more than five years and issue notes for the purpose of refunding those loans, as provided in IC 36-5-2-11(d). B) The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the town, and the total amount of outstanding loans under this section and IC 36-5-2-11(d) may not exceed five percent of the town’s total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). C) Loans under IC 36-5-2-11(d) shall be made as follows: (1) The ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing five years to provide for refunding the loans. (2) The loans must be evidenced by notes of the town in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable. (3) The interest accruing on the notes to the date of maturity may be added to and included in their face value or be made payable periodically, as provided in the ordinance. D) Notes issued under this section and IC 36-5-2-11(d) are not bonded indebtedness for purposes of IC 6-1.1-18.5. WHEREAS, the following Wolcott Town Council meeting minutes of the August 19, 2014 stated as follows: Council member Michael Yelton moved to authorize obtaining a loan for Park Board playground equipment and accessories with a credit line up to $40,000.00; interest rate of 2.00% fixed; term of 10 semi-annual payments beginning February 15, 2015 projected payment of $4,225 per semi-annual payment; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. The Clerk-Treasurer stated that Princeton Township will pay the Town of Wolcott $3,000 each year of the loan term. WHEREAS, other pertinent information regarding the structure of the loan and repayment is missing. NOW, THEREFORE, be it ordained by the Council of the Town of Wolcott, White County, Indiana, that Ordinance No. 2014-01, To Incur Debt for Park Board Fund shall be amended to include the following information and renamed Ordinance No. 2014-02, An Amendment to Ordinance No. 2014-01 To Incur Debt for Park Board Fund: 1) Anticipated expenses will be incurred in the amount of $40,000 in the Park Board Fund for purchase and installation of playground equipment and accessories from a period of October 21, 2014 through December 31, 2015. 2) Princeton Township shall pay $3,000 annually to the Town of Wolcott Park Board Fund for five (5) years, beginning February 1, 2015 or until loan is paid in full, and the Town of Wolcott Park Board Fund shall pay, as its share, five (5) years, beginning February 1, 2015 or until loan is paid in full. Said loan payments from the Town of Wolcott will be appropriated in the Park Board Fund each year up to five (5) years. As per loan agreement, there is no penalty for early pay-off of this loan; therefore, additional principle may be made if the Wolcott Park Board Fund appropriation allows for such payment. 3) The five-year term loan of up to $40,000 shall be repaid by the Wolcott Park Board Operating Fund to the Bank of Wolcott as follows: a) Ten (10) semi-annual payments shall be made beginning February 15, 2015 in projected payment of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. 1. The Town of Wolcott be responsible to pay the loan agreement of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. 2. Princeton Township has agreed to and will make payment of a minimum of $2,000 per semi-annual payment from township accounts to the Town of Wolcott Park Boars Fund. b) As per loan agreement, there is no penalty for early pay-off of this loan; therefore, additional principle may be made if the Wolcott Park Board Fund appropriation allows for such payment. DULY ORDAINED and ADOPTED this 21st day of October, 2014, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of 3 in favor and 0 opposed; Council President Marsha L. Mackey was not in attendance. WOLCOTT TOWN COUNCIL NAY: AYE: Absent Absent Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Incur Debt for Park Board

    ORDINANCE NO. 2014 - 01 TO INCUR DEBT FOR PARK BOARD FUND WHEREAS the Wolcott Town Council met Tuesday, August 19, 2014 at 6:00 p.m. in the Community Room of the Wolcott Town Hall its regular stated meeting; and, WHEREAS the Wolcott Park Board desires to incur debt to install and purchase playground equipment and accessories for the Roger Wolcott Park in the amount of $40,000.00; and, WHEREAS, the following Wolcott Town Council meeting minutes of the August 19, 2014 stated as follows: Council member Michael Yelton moved to authorize obtaining a loan for Park Board playground equipment and accessories with a credit line up to $40,000.00; interest rate of 2.00% fixed; term of 10 semi-annual payments beginning February 15, 2015 projected payment of $4,225 per semi-annual payment; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. Discussion ensued regarding procedure to establish a debt service fund or pay loan from Park Board Fund appropriations. Clerk-Treasurer Linda S. Bajzatt will ascertain information regarding procedures and facilitating of the procedure to be used; Council Vice President Jon Evans seconded the motion; and the motion passed 4-0. The Clerk-Treasurer stated that Princeton Township will pay the Town of Wolcott $3,000 each year of the loan term. NOW, THEREFORE, be it ordained by the Council of the Town of Wolcott, White County, Indiana, that 1) Anticipated expenses will be incurred in the amount of $40,000 in the Park Board Fund for purchase and installation of playground equipment and accessories from a period of September _________, 2014 through December 31, 2015. 2) Princeton Township shall pay $3,000 annually to the Town of Wolcott Park Board Fund for four (4) years, beginning February 1, 2015 or until loan is paid in full, and the Town of Wolcott Park Board Fund shall pay, as its share, annually $5,450 for four (4) years, beginning February 1, 2015 or until loan is paid in full. Said loan payment will be appropriated in the Park Board Fund each year up to four (4) years. 3) The four-year term loan of up to $40,000 shall be repaid by the Wolcott Park Board Operating Fund to the Bank of Wolcott as follows: a. Ten (10) semi-annual payments shall be made beginning February 15, 2015 in projected payment of $4,225 per semi-annual payment from Wolcott Park Board Fund, Playground Equipment Appropriation. This ordinance is passed and adopted this 19th of August, 2014. WOLCOTT TOWN COUNCIL NAY: AYE: Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Ambulance Rate Increase

    ORDINANCE NO. 2013-04 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. 2008-02, 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 450.00 Miles 12.00 Emergency ALS Paramedic Assist per contract with respective agency. This Ordinance upon passage and adoption shall become effective on this 7th day of May, 2013. Passed and adopted by the Town Council of the Town of Wolcott this 7th day of May, 2013. TOWN OF WOLCOTT YEA NAY /s/ Marsha L. Macke 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/ Fred A. Young Fred A. Young, Council Member Fred A. Young, Council Member /s/ Michael A. Yelton Michael A. Yelton, Council Member Michael A. Yelton, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer Town of Wolcott

  • Ordinance - Stormwater Assessment Fee

    ORDINANCE NO. 2013-03 AN ORDINANCE AMENDING THE STORMWATER ASSESSMENT FEE IN ACCORDANCE WITH WOLCOTT TOWN 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 2013 and thereafter until necessary to amend said rate. 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 2013 and each year thereafter, to provide revenue for the Stormwater Fund. Said fee shall be billed monthly. Said fee shall be collected retroactively from January 1, 2013 to current billing. (B) 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 March, 2013, 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 Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Fees for Dog & Cat Permits

    ORDINANCE NO. 2013-02 AN ORDINANCE ESTABLISHING FEES FOR PEMITTING OF DOGS AND CATS IN THE TOWN OF WOLCOTT, IN ACCORDANCE WITH ORDINANCE NO. 2007-08, REGULATING ANIMALS IN THE TOWN OF WOLCOTT The Wolcott Town Council establishes permit fees for dogs and cats which are owned, kept, harbored or being in the custody for a period of two weeks or more per year of any person who is residing within the Town of Wolcott as follows: Per Dog or Cat: Neutered or Spayed: $3:00 Not Neutered or Spayed $5.00 Introduced and Filed on the 5th day of March, 2013. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 4 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this 5th day of March, 2013 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a 4 in Favor and 0 Opposed. 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, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

  • Ordinance - Public Health & Safety

    PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2013-01 AMENDMENT TO ORDINANCE NO. 2001-04, 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 all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed; and WHEREAS, to date, the cost for collection and removal of trash and refuse has been paid by a portion of regular tax levy on the property owners in the Town of Wolcott and by a portion paid by the resident and/or the property owners in the Town of Wolcott; 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: SECTION II 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). The service fee for each single residential unit and other non-family structure shall be assessed in accordance with the current contract for said service. Any additional fees for administrative purposes by the town 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. 2. Billing. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, by the Town of Wolcott in the same manner as other utility rates and charges are collected 3. Liability for payment. The user charges imposed under this division shall be billed to the person who is billed for water service at the residence dwelling, apartment or commercial unit, unless by contract with the town another person assumes responsibility. If a tenant, occupant or other non-owner is billed, the owner shall be liable for the user charge if payment is not made by the tenant, occupant or other non-owner when the charge is due as required in this division. Such owner shall have the right to examine the town's collection records to ascertain whether such charges have been paid. 4. Delinquent accounts. (a) Fees levied pursuant to this division shall be due and payable on or before the due dates shown on the bills. Any fee not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent fee, together with any applicable interest, shall be collectible as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the provisions of Indiana Code as amended. (b) If provided by the state statutes, delinquent fees may be made a lien against the property served through certification to the auditor and the recorder of the county. (c) In addition to the remedies otherwise provided for in this section, the town shall have the right to bring a civil action to recover any delinquent fees, together with interest at the rate of eight percent per annum and a reasonable attorney's fee. It shall also have the right, if provided by the statutes of the state, to foreclose any lien established under the provisions of this section with recovery of the charge, interest of eight percent per annum and a reasonable attorney's fee. SECTION III Revenues 1. All revenues generated from the collection of fees for trash collection as provided above shall be paid in the Office of the Clerk-Treasurer of the Town of Wolcott. 2. Upon receipt of all such revenues, the Town Clerk-Treasurer shall deposit such revenues into the General Fund. 3. The Council of the Town of Wolcott shall utilize such revenues deposited in the General Fund in such manner and for such purposes and in the manner required for appropriation and expenditure of funds as provided by law. SECTION IV Effective Date This Amendment to Ordinance No. 2011-04 shall be in full force and effect retroactive as of January 1, 2013, 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 5th day of March, 2013. YEA 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 Stormwater Fee

    TOWN OF WOLCOTT, WHITE COUNTY, INDIANA ORDINANCE NO. 2012-07 ORDINANCE TO RE-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 review and 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) In accordance with I.C. Section 8-1.5-5-7, the Town Council of the Town of Wolcott re-establishes a Flat Fee of $2.00 for the year 2012 and all years thereafter. Or deemed as is necessary and prudent for the creation of said fund and operation therewith, 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 January 1, 2012 and monthly thereafter. (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 day of , 2012, by the Town Council of the Town of Wolcott, County of White, Indiana, having been passed by a vote of in favor and opposed. TOWN COUNCIL of the TOWN of WOLCOTT, INDIANA Yea Nay Marsha L. Mackey, President Marsha L. Mackey, President Jon H. Evans, Vice President Jon H. Evans, Vice President Richard A. Lynn, Member Richard A. Lynn, Member Fred A. Young, Member Fred A. Young, Member Michael A. Yelton, Member Michael A. Yelton, Member Attest: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer (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 - Trash Rates & Charges

    PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2012-06 AMENDMENT TO ORDINANCE NO. 2011-02, 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 2013 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 2014, 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 $9.27 per month for year 2015, 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. 2012-06 shall be in full force and effect as of January 1, 2013, and through December 31, 2015, 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 day of . 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 - Drug Free Workplace

    TOWN OF WOLCOTT Drug Free Workplace Ordinance ORDINANCE NO. 2012-05 Section 1 Overview WHEREAS, the Town of Wolcott, Indiana makes a commitment to provide employees a safe working environment, to ensure that employees, equipment and operating practices comply with health and safety standards, and to maintain public confidence in the Town and its employees. Since the Town of Wolcott, Indiana values each employee, the Town offers employees assistance in dealing with alcohol and drug abuse problems. Section 2 Policy WHEREAS, the Town of Wolcott, Indiana requires all employees to report for work in a condition that allows them to perform their duties in a safe and efficient manner. Employees will not be permitted to work under the influence of alcohol or with prohibited drugs in their systems thereby affecting job performance. Violation of any provision of this Ordinance will be considered just cause for disciplinary action up to and including discharge, even for a first offense. In addition, refusal to adhere to any part of the policy may be considered an act of insubordination and also may lead to disciplinary action up to and including discharge. This Ordinance and related procedures may be modified by the Town at any time in order to comply with any applicable federal, state or local laws or to better serve the needs of the Town. Section 3 Prohibited Drugs Prohibited drugs are defined as illegal substances, including controlled substances as defined in the Controlled Substance Act (21 U.S.C. 8120 and the Code of Federal Regulations (21 C.F.R. 1308.11-1308.15) and prescription controlled substance which have not been prescribed by a licensed physician or dentist for specific treatment purposes for the employee. Abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this Ordinance. This Ordinance prohibits the illegal use, sale, transfer, distribution, possession, or unlawful manufacture of narcotics, drugs, or other controlled substances while on the job or on Town premises (including vehicles used for Town business). These include but are not limited to marijuana, cocaine, crack, PCP, heroin, LSD, amphetamines, hallucinogens, and barbiturates. Any illegal substances found on such premises will be turned over to the state police and may lead to criminal prosecution. Section 4 Alcohol The use of alcohol on the job or on Town premises is prohibited, unless such use is non-abusive and is part of an authorized official event held off Town premises. The use of alcohol in vehicles used for Town business is strictly prohibited. Alcohol possession applies to all open or unsealed alcoholic beverage containers. Such containers are not allowed on the job or on Town premises, unless their possession is part of an authorized official event. Possession of such containers in vehicles used for Town business is never authorized. Section 5 Reporting Violations Employees must as a condition of employment, abide by the terms of this Ordinance and report any conviction to the Town under a criminal drug statute for violations occurring on or off Town premises when conducting Town business. Report of a conviction must be made to the Town within five (5) business days after the conviction. The Town will then notify the appropriate contracting officer within ten (10) days after receiving notice from either the employee or from another source. (These requirements are mandated by the Drug-Free Workplace Act of 1988.) An employee who is involved with off the job illegal drug activity may be considered in violation of this Ordinance. In determining whether disciplinary action will be imposed for this activity, the Town will consider the circumstance of each incident, including but not limited to any adverse effect the employee’s actions may have on its customers, other employees, the public, or the Town’s reputation and image. Any questions regarding the reporting of violations should be directed to the Clerk-Treasurer. Section 6 Employee Rehabilitation Health maintenance is primarily a personal responsibility and it is the individual’s responsibility to correct unsatisfactory job performance or behavioral problems caused by alcohol or drug abuse. In an effort to assist employees, the Town will provide various means for employees and their family members to remain aware of the dangers of substance abuse in the workplace and to overcome drug and alcohol related problems. Employees with a personal, alcohol or drug related problem are encouraged to volunteer to participate in a approved rehabilitation program upon referral from the Employee and Family Assistance Program, before work performance becomes affected. Participation in a rehabilitation program will not be considered a barrier to employment nor a cause for disciplinary action. Employees will not be disciplined merely because of participation in a rehabilitation program or excused from the disciplinary consequences of conduct which is in violation of this Ordinance or any other Town policies or job requirements. Any employee identified through a Town investigation as having a substance abuse problem also may not avoid disciplinary action by requesting to participate in an approved rehabilitation program. Circumstances in each case will be evaluated to determine the course of action to be taken (i.e., whether the employee will be offered the opportunity to participate in a rehabilitation program and/or will be subject to discipline.) Section 7 Testing The Town of Wolcott, Indiana may ask employees who are in safety and/or security positions to submit to random alcohol or drug tests. Alcohol or drug tests may be required for employees in the following circumstances: 1 When unsatisfactory job performance or other employee behavior is reasonably indicative of substance abuse. 2 During and after participation in a drug or alcohol rehabilitation program for a reasonable period of time as determined by the Town. 3 When required by law. If a supervisor identifies an employee with a behavior pattern and/or job performance reasonably indicative of substance abuse, the supervisor (with the concurrence of the next level of supervision) may recommend that the employee have a fitness for duty examination by a physician designated by the Town. The physician will determine whether a fitness for duty examination is necessary and whether alcohol or drug tests will be required. Pre-employment drug testing is part of the pre-employment physical. The method of testing will be determined by the Town. Applicants who test positive for prohibited drugs in their systems will not be offered employment. Any questions regarding reapplication opportunities should be directed to the Clerk-Treasurer. Certification of Adoption It is hereby certified that this Ordinance No. 2012-04 was passed by the Common Council of the Town of Wolcott, Indiana, at its legally convened meeting on November 20, 2012. Wolcott Town Council YEA 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

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