Chapter 3.50
COMPACT FEES
Sections:
3.50.020 Whitestown compact fund.
3.50.010 Agreements.
A. Agreement for Sanitary Sewer or Water Service.
1. All new customers (or customers expanding capacity) for sanitary sewer or water service located outside the corporate limits of Whitestown must execute an agreement for utility services providing, in part, for a compact fee as calculated pursuant to this chapter. The term of the agreement shall be four years and as long thereafter as the customer receives utility service and is not located within the town’s corporate boundaries. Any amount of the compact fee not paid by the due date shall be considered delinquent. The delinquent charge shall be 10 percent of the delinquent amount and shall be added to the total amount due. The delinquent amount, together with any delinquent penalties, costs, and other expenses of collection, may be collected by the town by any lawful remedy, including the placing and foreclosure of real estate liens. If, at the expiration of the term, the property owner does not wish to renew under the same terms and conditions, the property owner must, at the owner’s expense, disconnect the property from the town’s utility system. At the end of the four-year initial term and each subsequent term, the agreement shall automatically renew for an additional four-year term unless the property owner provides notice of its intent not to renew at least two years in advance of the expiration of such term, at which expiration the owner must disconnect from the town’s utility system. If the terms of the agreement do not apply for any reason, then the utility service to the property service shall cease. The application and agreement for sewer and/or water service shall require the property owner to pay to the town the following applicable compact fee:
a. For Owners of Real Property Used for Residential Purposes. Forty dollars per lot or residence, per month for developed residential property. This fee shall increase $4.00 per month per lot every five years, starting January 1, 2022.
b. For Owners of Real Property Used for Nonresidential Purposes. An annual amount equal to $0.4368 times each $100.00 of net assessed value or, for new construction, on the estimated net assessed value upon completion. This fee remains in effect until January 1, 2022, at which time it will be recomputed to equal 40 percent of the town tax rate and will be similarly recomputed every five years thereafter. The compact fee provided herein is not a property tax; as such, the fee shall be computed as provided hereunder without regard to the effect of any property tax caps or other tax rates or levies.
c. Governmental Entities. Governmental entities, including public schools, shall not be charged a compact fee.
2. The council hereby consents to any and all agreements entered into by Whitestown municipal utilities that contain terms described in this chapter. The town manager and/or utility superintendent may include within such agreements other terms and conditions related to the payment of the compact fee as may be appropriate and are otherwise consistent with this chapter. [Ord. 2016-31 § 1]
3.50.020 Whitestown compact fund.
A. There is hereby created the Whitestown compact fund. All fees paid by a person or legal entity pursuant to the agreement described in WMC 3.50.010 shall be deposited in the Whitestown compact fund, which shall be a nonreverting fund.
B. The proceeds of the Whitestown compact fund may be disbursed or expended for any lawful purpose, including, but not limited to, any of the following:
1. Any use for which the town’s general fund may be used;
2. Any use pursuant to the redevelopment powers and uses described at IC 36-7-14 et seq. as amended, which shall be read as if all town administrative agencies shall have the powers and are able to implement the uses.
C. Money in the Whitestown compact fund not currently needed to meet any obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of each particular year does not revert to the general fund.
D. All receipts and expenditures attributable to the fund shall be processed, appropriated, claimed, and allowed in the same manner as other claims of the town.
E. The Whitestown compact fund shall be perpetual until terminated or amended by subsequent ordinance of the town council. [Ord. 2016-31 § 2]