Legal Notice – Town of Marshall, Tax Rates and Charges, Utility Receipts Tax
THE TOWN OF MARSHALL, INDIANA
ORDINANCE NO. 1-2022
ORDINANCE OF THE TOWN COUNCIL ADOPTING A NEW SCHEDULE OF RATES AND CHARGES TO REFLECT REPEAL OF THE UTILITY RECEIPTS TAX
WHEREAS, the Town of Marshall (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 MARSHALL, 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 Marshall Town Council who were present on the 5 day of July, 2022 to consider the ordinance on the same date as introduced.
Town Council of Marshall, IN
Kevin Stewart Darla Burgess Dale Ryan
Ordinance Approved this 5 day of July 2022.
Town Council of Marshall, IN
Kevin Stewart Darla Burgess
Dale Ryan
ATTEST:
Kathy Wirth, Clerk-Treasurer
APPENDIX A
| Metered Rates Per 1000 Gallons Per Month First 2,000 Gallons Next 2,000 Gallons Next 2, 000 Gallons Next 4,000 Gallons Over 10,000 Gallons
Minimum Charge Per Month 5/8 inch meter All Other Meter Sizes
Town Hydrant Fee Per Annum
Other Charges New Customer Set Up Fee Water Tap Inspection After Hours Service Call Meter Test Two Hour Test Meter Tampering Fee
Tap Fee for Water 5/8 inch or 3/4 inch Larger than 3/4 inch
Insufficient Funds/Returned Check Charge
Reconnection Charges to reconnect a Disconnected Service For Non-Payment -During Regular Hours -After Hours
Late Charge Penalty All Bills 30 days or more delinquent |
$16.72 14.15 10.28 7.72 3.87
$33.44 Per Town Council
$5,000.00
$35.00 25.00 25.00 15.00 15.00 100.00
$750.00 Actual Cost of installation and Labor-Not less than $1000.00
$27.50
$50.00 $75.00
$5.00
31hspaxlp |