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Legal Notice – Ordinance 2022-06, Town of Rockville, Utility Receipts Tax

THE TOWN OF ROCKVILLE, INDIANA

ORDINANCE NO. 2022-06

 

ORDINANCE OF THE  TOWN  COUNCIL ADOPTING A NEW SCHEDULE OF RATES AND CHARGES TO REFLECT REPEAL OFTHE UTILITY RECEIPTS TAX

 

WHEREAS, the Town of Rockville (the Town) is an Indiana municipal utility; and

 

WHEREAS, the Town is subject to Indiana Utility Regulatory Commission (the “Commission”) jurisdiction pursuant to Indiana Code § 8-1.5-3-8; and

 

WHEREAS, the existing rates and charges for services provided by the Utility were placed into effect following approval by the Town Council; and

 

WHEREAS, on March 16, 2022, Indiana Governor Eric Holcomb signed House Enrolled Act No. 1002 into law, which among other things, repeals the Indiana Utility Receipts Tax (“IURT”), currently codified in Ind. Code 6-2.3, with an effective date of July 1, 2022; and

 

WHEREAS, House Enrolled Act No. 1002 requires that each rate or charge that includes recovery of the IURT be calculated to remove the amount designed to recover for the IURT; and

 

WHEREAS, House Enrolled Act No. 1002 requires that the utility provide notice to all affected customers in each of the next two regular billing cycles that the adjustment in rates or charges reflects the repeal of the IURT in House Enrolled Act 1002-2022 by the General Assembly and that the notice provided must include the amount of the adjustment reflected in the bill; and

 

WHEREAS, the Utility has confirmed with its financial advisor that the current rates and charges for service provide for the recovery for the IURT in the amount of 1.4%; and

 

WHEREAS, to be in compliance with the IURT repeal, the Utility and its advisors recommend a rate reduction of 1.4% for each rate class, effective July 1, 2022.

 

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

 

SECTION 1. The foregoing recitals are hereby incorporated by reference and are ratified, confirmed, and approved.

 

SECTION 2. The Council hereby approves the new rates and charges attached as “Exhibit A” to be effective July 1, 2022.

 

SECTION 3. The Council hereby directs the utility to include the following notice within bills in its next two billing cycles that states as follows: “This bill reflects adjustments to Utility’s rates and charges due to the repeal of the  Indiana Utility Receipts Tax under IN HB 1002 effective July 1, 2022. The reduction is approximately 1.4% of your total bill.”

 

SECTION 4. All resolutions or ordinances or parts thereof in conflict with the terms and conditions of this Ordinance are hereby repealed and replaced to the extent of the conflict.

 

SECTION 5.  Notice of the adoption and purport of this Ordinance shall immediately be given by publication.

 

SECTION 6. The rates and charge set forth in “Exhibit A” shall be effective as of July 1, 2022.

 

Unanimous consent of Rockville Town Council who was present on the 20 day of June, 2022 to consider the ordinance on the same date as introduced.

 

Town Council of Rockville, IN

David Brown

Liddy Dowd-Wright

Melissa Buell

Steve Farrington

 

Ordinance Approved this 20 day of June 2022.

 

Town Council of Rockville, IN

David Brown

Liddy Dowd-Wright

Melissa Buell

Steve Farrington

 

ATTEST:

Brandy Asher, Clerk-Treasurer