Chapter 13.05
WATER SYSTEM
Sections:
13.05.060 Interference with utility property.
13.05.070 Prohibited connections.
13.05.120 Application of rates and charges.
13.05.150 Indianapolis Road area subsequent connector fees.
13.05.160 Payment in lieu of taxes and surplus earnings.
13.05.170 Schedule A – Water rates and charges for the Whitestown municipal water system.
13.05.180 Adjustments of unusually high water bills.
13.05.190 Taking of water from a watercourse.
Prior legislation: Ords. 1954-01, 1955-01, 1972-01, 1975-06, 1980-06, 1984-02, 1987-05 and 1988-02. Prior code Title 5, Art. 4, Ch. 1, § 7.
13.05.010 Water meters.
All water meters shall be installed outside in tiles or inside consumer’s premises in the location and manner as selected by the waterworks superintendent. Any refusal of prospective user to agree to meter location and/or installation to serve the best interest of the town shall, at the option of the town board of trustees, be sufficient reason to refuse water service until such requirements are met. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 7]
13.05.020 Inspection.
A waterworks representative shall have the right to inspect at any reasonable time all service piping and water appurtenances inside consumers’ premises. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 8]
13.05.030 Multiple customers.
Any service pipe that supplies two or more customers shall be provided with a separate stop cock and separate meter for each customer, with minimum charge, when consumption is minimum or under, applicable to each meter, except as specified in WMC 13.05.070. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 9]
13.05.040 Shut-offs.
Water shall be turned off or on at curb cock in front of meter only by a waterworks employee and not by customer. All service pipes must have stop and waste cocks between outside meter and customer premises for emergency shut-offs and making of repairs. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 10]
13.05.050 Fire hydrant use.
No person shall take water from any fire hydrant except for fire purposes, except upon the authority of the superintendent. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 11]
13.05.060 Interference with utility property.
All persons are forbidden to cover up or in any way interfere with any curb box, valve pit, valve box or hydrant. In the case of any automobile or vehicular accident involving the breaking or disconnection of a fire hydrant, the car owner involved shall pay for the repair of same. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 12]
13.05.070 Prohibited connections.
Water customers shall not connect water service to any other property, trailer or consumer without the written consent of the town board of trustees. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 13]
13.05.080 Disconnection.
Water service to any customer may be discontinued for the following reasons:
A. Wasting or improper use after same has been called to his attention;
B. Refusal to pay bills within prescribed time;
C. For interfering with or destroying any water appurtenances or appliances belonging to the town;
D. For connecting water service to any other property, trailer or consumer without proper authorization. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 14]
13.05.090 Averaging bills.
In case of failure of any meter, the town may bill consumption on the average of billings for the last six months before meter failed to register properly. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 15]
13.05.100 Extensions.
Main extensions to areas not previously served shall be made in conformity to the “Rules and Standards of Service for Water Utilities” as approved by the Public Service Commission of Indiana, unless such rules and standards are modified by the town board of trustees. [Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 17]
13.05.110 Rate areas.
The municipal water system is hereby divided into four separate areas for the purpose of charging rates and charges.
A. The Whitestown municipal rate area shall include any lot, parcel of property or structure that is served by the town’s existing water distribution system and within the municipal boundaries of the town, but including the Perry-Worth Elementary School;
B. The existing BCU rate area shall include any lot, parcel of property or structure that is served by the water distribution system purchased pursuant to the purchase agreement and includes only those customers that were connected to the BCU System as of March 25, 2004;
C. The Whitestown future service area shall include any lot, parcel of property or sewage producing structure that is currently outside the corporate boundaries of the town as of the date of the ordinance codified in this chapter and not being served by BCU as of March 25, 2004;
D. The Whitestown municipal rate area, the existing BCU rate area, and the Whitestown extraterritorial rate area, collectively, shall be known as the “municipal water system.” [Ord. 2004-14 § 1; Ord. 2004-13 § 1]
13.05.120 Application of rates and charges.
Rates and charges set forth hereunder are payable by the owner of each lot, parcel of real property, or structure that (“customer”):
A. Is connected to the water distribution system by or through any part of the municipal water system; or
B. Uses or is served by the works. [Ord. 2006-15 § 2; Ord. 2004-13 § 2]
13.05.130 Benefit.
Unless the town council finds otherwise, the municipal water system is considered to benefit every lot, parcel of real property, or other building connected or to be connected to the municipal water system, and fees shall be billed and collected accordingly. [Ord. 2006-15 § 3; Ord. 2004-13 § 3]
13.05.140 Rates and charges.
All customers shall pay the rates and charges as depicted on Schedule A. [Ord. 2006-15 § 4; Ord. 2004-13 § 4; Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 2, § 16]
13.05.150 Indianapolis Road area subsequent connector fees.
In addition to the town’s other rates, charges and/or penalties, the following shall apply:
A. Each customer connecting to the water facilities located in and around Indianapolis Road, in Boone County, Indiana (“Indianapolis Road Water Facilities”) shall pay a subsequent connector fee of $31.47 per foot;
B. If, however, the connecting customer agrees to also connect to the town’s municipal sewer system and execute a waiver of the customer’s right to remonstrate against annexation, the subsequent connector fee shall be discounted to $21.63 per foot;
C. The subsequent connector fee is intended to cover a portion of the town’s cost of owning and operating the facilities in and around Indianapolis Road. Because the town must pay interest on certain obligations related to the ownership and operation of the facilities to which the customers along Indianapolis Road are connecting, each connecting customer will also be responsible for the interest that has accrued on each customer’s portion of the facilities. The accrued interest will be updated quarterly by the town and added to the amount to be paid by the customer at the time of connection.
Subsequent connector fees are due at the time of connection to the town’s system and shall be imposed based upon the original feet of line frontage of the respective properties as they existed at the time that the initial applicable subsequent connector agreement was executed. The subsequent connector fees for the properties immediately adjacent to the town’s existing facilities are set forth in Schedule B, based upon estimates of line frontage derived from aerial photographs of the properties. The exact subsequent connector fee will be determined by the town at the time each customer connects to the town’s facilities or the town otherwise determines that subsequent connector fees are owed. All properties not currently adjacent to the Indianapolis Road water facilities but that are in the future served by such facilities, shall pay a subsequent connector fee in an amount consistent with the charges set forth in this agreement. [Ord. 2006-15 § 5]
13.05.160 Payment in lieu of taxes and surplus earnings.
In accordance with IC 8-1.5-3-8(g), the town council elects and hereby authorizes the utility to transfer to the town’s general fund a payment in lieu of taxes from the rates and charges of the utility in an amount sufficient to compensate the town for taxes that would be due the town on the utility property were it privately owned. The town council may further transfer surplus earnings of the utility to the general fund pursuant to IC 8-1.5-3-11. [Ord. 2006-15 § 6]
13.05.170 Schedule A – Water rates and charges for the Whitestown municipal water system.
A. Applicability. This schedule applies to all water service rendered by the town in the Whitestown municipal water system.
B. Meter Reading. Metered accounts will be billed monthly. All meters will be read monthly. Customers will be billed on the basis of actual consumption for the total reading period, less the estimated consumption billed in the first month.
C. Water Rates and Charges. Each customer shall pay a monthly rate for each service connection which shall be a flow charge based on the amount of water consumed, but in no event less than the minimum monthly service charge established for the customers’ applicable size meter. There shall be and there is hereby established for the availability, use of, and/or the service rendered within the Whitestown municipal water system the following schedule of rates and charges:
1. Flow Charge.
|
Consumption per Month |
Rate per 1,000 Gallons |
|---|---|
|
First 2,000 gallons |
$13.51 |
|
Next 5,000 gallons |
8.11 |
|
Next 13,000 gallons |
7.91 |
|
Next 30,000 gallons |
7.76 |
|
Over 50,000 gallons |
7.66 |
2. Minimum Service Charge per Month. Each metered user shall pay a minimum monthly service charge in accordance with the following applicable size meter installed.
|
Meter Size |
Minimum Monthly Charge |
|---|---|
|
5/8" or 3/4" meter |
$27.03 |
|
1" meter |
28.36 |
|
1-1/2" meter |
29.70 |
|
2" meter |
33.37 |
|
3" meter |
60.40 |
|
4" meter |
70.41 |
|
6" meter |
93.77 |
|
8" meter |
120.47 |
3. For so long as the town shall contract with the Department of Public Utilities of the City of Indianapolis d/b/a Citizens Water (“Citizens Water”) for the purchase of water, the town shall be entitled to recover or refund through its rates and charges increases or decreases, respectively, in costs associated with a change in the costs to the town for the water services provided by Citizens Water through a water rate tracker. If Citizens Water adjusts the rates and charges for water service to the town, the town may, in its sole discretion, elect to adjust the flow rate set forth herein either upward or downward to reflect the change in costs of water service. The town shall maintain on file cost justification reflecting such changes in costs and the allocation of such costs to the flow charge. Any change in the flow charge under subsection (C)(1) of this section pursuant to this provision shall be implemented upon approval of the council and without the need for an additional public hearing.
4. Unmetered Monthly Charge. Water furnished to unmetered residential and commercial users shall be charged on the basis of the metered gallon rates hereinbefore set forth as estimated and established by the town’s professional engineer, but in no event shall the monthly charge be less than the minimum charge imposed on customers with a similar sized line.
5. Private Fire Sprinkler Line Connection Charge. Each customer with a private fire sprinkler line connection serving the customer’s location shall pay a monthly fire protection charge for private fire protection services in accordance with the following schedule based upon the size of the sprinkler connection for each private fire sprinkler line connection.
|
Meter Size |
Monthly Charge |
|---|---|
|
1" meter |
$7.59 |
|
1-1/4" meter |
11.92 |
|
1-1/2" meter |
17.12 |
|
2" meter |
30.47 |
|
3" meter |
68.54 |
|
4" meter |
121.89 |
|
6" meter |
274.25 |
|
8" meter |
487.56 |
6. Fire Hydrants.
|
Public Hydrant – per hydrant – per annum |
$294.88 |
|
Private Hydrant – per hydrant – per annum |
$344.40 |
A monthly surcharge1 shall be included for all customers for hydrant rental charges pursuant to the following schedule.
|
Meter Size |
Monthly Charge |
|---|---|
|
5/8" or 3/4" meter |
$4.91 |
|
1" meter |
6.87 |
|
1-1/2" meter |
8.84 |
|
2" meter |
14.24 |
|
4" meter |
68.74 |
|
6" meter |
103.11 |
The town will pay the monthly surcharge above out of its general fund for all customers located within the corporate boundaries of the town.
7. Surcharge for Water Service Rendered from the Perry-Worth Elementary Line Extension.
|
|
Monthly Surcharge |
|---|---|
|
For the Perry-Worth Elementary School |
$2,000.00 per month2 |
|
Per residential user connected to the Perry-Worth Elementary line extension |
$25.00 per month1 |
8. Temporary Users. Water furnished to temporary users such as contractors, etc., shall be charged on the basis of the metered rates hereinbefore set forth as estimated and established by the superintendent of the municipal water utility.
D. Tap and Capacity Fees.
1. Tap Fee.
a. The tap fee reflects the costs associated with connecting or tapping each customer to the town’s system. Where a single customer shall make multiple connections, an appropriate multiple of the single tap fee shall be charged.
b. A single tap fee for each customer connecting to the system shall be $550.00, exclusive of excavation, for the installation of a five-eighths-inch or three-quarter-inch residential water meter service. All other services shall be installed at the town’s actual cost, but at not less than $550.00.
2. Capacity Fee.
a. The capacity fee reflects the cost of the capacity in the town’s water facilities which must be permanently allocated to real estate requiring new or expanded water service.
b. The capacity fee for each equivalent dwelling unit (“EDU”) or single residential unit requiring service from the system shall be $1,737.00. Such fee shall apply to each new customer connecting to the town’s water system or to an existing customer that is expanding its current use.
c. The capacity fees will be determined on the basis of the total number of EDUs with a residential unit considered one EDU. All other parcels of land not used for residential dwelling units shall be converted to EDUs on the basis of the anticipated water usage from such real estate as compared to the anticipated sewage for residential dwelling units. When calculations of EDUs result in a fraction, the result shall be rounded up to the next whole number. For example, an EDU calculation of 3.3 for a property will be rounded up to four EDUs for purposes of calculating the capacity fee for such property. For no reason shall any structure connecting to the system (including, but not limited to, mobile homes, apartments, and condominiums) be treated as less than one EDU for purposes of any of the town’s rates and charges.
3. Miscellaneous.
a. The town shall not allow final and permanent connection or connections to the town’s potable water facilities of any structure requiring water service until a permit is obtained and payment has been made to the town for the appropriate tap and capacity fees.
b. Any developer of real estate applying for service shall pay the applicable fees by platted sections before the sections are submitted for approval and recording or otherwise enter into an acceptable developer’s agreement which shall provide for the future payment of the tap and capacity fees prior to final and permanent connection.
c. Tap and capacity fees shall be nonrefundable.
E. Service Charges.
|
1. Establishing an account and installing a meter: |
|
|
5/8" or 3/4" meter: |
$25.00 plus actual meter costs |
|
1" meter: |
$25.00 plus actual meter costs |
|
1-1/2" meter: |
$25.00 plus actual meter costs |
|
2" meter: |
$25.00 plus actual meter costs |
|
3" meter: |
$25.00 plus actual meter costs |
|
4" meter: |
$25.00 plus actual meter costs |
|
6" meter: |
$25.00 plus actual meter costs |
|
8" meter: |
$25.00 plus actual meter costs |
|
Visit to the premises regarding past due account (left on): |
$25.00 |
|
Penalty charge for tampering with a meter or any of the town’s regulating or measuring equipment, or for access and use of the town’s water supply without a meter: |
$175.00 |
|
Service call (including special meter reading and other service calls) |
$75.00 per hour |
|
2. Subsequent test of meter at customer’s request to the town within 36 months of the first test: |
Actual cost of test (including time and materials) |
|
3. Charge, in addition to cost of excavation, for reconnection of service after disconnection of the same customer: |
$40.00 |
|
4. Reprocessing of customer account due to check not honored (matter shall also be referred for prosecution to prosecuting attorney of county within 90 days): |
Greater of $27.50 or five percent of amount due, but not more than $250.00. |
|
5. Aggregated billing for customer with multiple meters: |
$10.00 monthly |
|
6. Temporary hydrant connection (exclusive of water consumption): |
$100.00 |
|
7. Temporary hydrant meter deposit: |
|
|
3/4" meter: |
$100.00 |
|
2" meter: |
$750.00 |
|
8. Temporary hydrant meter rental: |
|
|
3/4" meter: |
$5.00 monthly |
|
2" meter: |
$35.00 monthly |
|
9. Late reporting of temporary hydrant meter water usage: |
$25.00 |
|
10. Repair of damaged meter: |
|
|
All meter sizes: |
Actual cost of repair |
|
Replacement of a damaged meter: |
Actual cost of replacement |
|
11. Inspection fees (per trip): |
$50.00 (residential) |
|
|
$100.00 (nonresidential) |
F. Collection and Payment Policies, Charges and Disconnection.
1. Late Payment Charges. Bills for metered water service will be rendered monthly. Bills which remain unpaid for a period of more than 17 days following a mailing of the bill by the town shall be delinquent, and a late payment charge in the amount of 10 percent of the first $3.00 and three percent of the excess of $3.00 shall be added to the bill and owed by the customer.
2. Overpayment. Overpayments by the customer will be applied to the customer’s account as a credit towards future rates, charges, and fees until such credits are fully depleted. Upon termination of the customer’s account, any credits remaining after satisfaction of all applicable rates, charges, and fees shall be refunded to the customer.
3. Partial Payment. In the event that the customer tenders only partial payment or any amount less than the total amount of all rates, charges, and fees outstanding, payments from the customer shall be applied in the following manner:
a. First, payments shall be applied against any and all fees and other nonrecurring charges (i.e., late payment charges, capacity fees, subsequent connector fees, reconnection fees, etc.), in a manner and order solely within the town’s discretion, until all such fees and charges are fully satisfied.
b. Second, payments remaining after full satisfaction of rates, charges, and fees due and owing under subsection (F)(3)(a) of this section shall be applied to that portion of the customer’s account owed for rates and charges from water services (i.e., monthly water rates, etc.).
c. Third, payments remaining after full satisfaction of rates, charges, and fees due and owing under subsections (F)(3)(a) and (b) of this section shall be applied to the remaining portion of the customer’s account owed for rates and charges from sewer services (i.e., monthly sewer rates, etc.).
In the event of a dispute as to the classification of a fee, rate, charge, or otherwise under this subsection, all determinations by the town as to the ultimate allocation of specific payments shall be final.
4. Collection Policies. The town reserves the right at all times, notwithstanding any waiver, whether express or implied, to pursue any and all available actions it deems necessary, as permitted by law, to collect any and all outstanding or delinquent rates, fees, and charges, including, but not limited to, filing legal actions in a court of competent jurisdiction and/or filing liens against the customer’s property, and recover its costs, including, but not limited to, its attorneys’ fees.
5. Disconnection of Service. The town reserves the right to disconnect a customer for nonpayment of service to the customer’s property. However, service may not be discontinued to a customer until the charges have been due and unpaid for at least 30 days. Prior to discontinuance of service, the town shall provide the customer, by mail, with at least 10 days prior written notice of its determination to discontinue service if the unpaid charges are not paid before a date specified in the notice.
G. Customer Deposits. Customers of the waterworks who have had their water service disconnected and reconnected three times or more within a three-year period shall be required to pay a deposit to the town in an amount equal to the estimated average payment due from the property served by the waterworks for a three-month period (as determined by the town).
The deposit shall be obtained to ensure payment of water fees and may be applied to delinquent water fees of the customer at any time by the town. If all or a portion of the deposit is applied to delinquent water fees, the customer shall be required to replenish the required deposit amount within 30 days of prior written notice of the town to do so. If a customer fails to fully replenish such deposit, the town reserves the right to disconnect service to the customer in accordance with subsection (F)(5) of this section.
Any customer deposits received shall be maintained by the town in a separate fund. The deposit, less any outstanding penalties and service fees, shall be refunded to the customer after a notarized statement from the customer that as of a date certain the property being served: (1) has been conveyed to another person; or (2) no longer uses or is connected with any part of the system. A statement under subsection (G)(1) of this section must include the name and address of the person to whom the property is conveyed or transferred. If a customer fails to satisfy costs and fees within 60 days after the termination of his/her use or ownership of the property served, the customer forfeits the deposit and all accrued interest and the forfeited amount shall be applied to the outstanding fees. [Ord. 2015-19 §§ 1, 2; Ord. 2013-07 § 1 (Exh. A); Ord. 2009-23 § 1; Ord. 2008-19 (Exh. A); Ord. 2006-15 (Exh. A); Ord. 2004-16 § 1; Ord. 2004-14 §§ 2 – 4; Ord. 2004-15 § 1; Ord. 1997-03 § 1; Ord. 1987-05 § 1; Ord. 1984-05 § 10. Prior code Title 5, Art. 3, Ch. 1, Ch. 2 §§ 1 – 6]
13.05.180 Adjustments of unusually high water bills.
A. Policy Establishment. The town council, pursuant to IC 8-1.5-3.5, hereby adopts this policy for adjustments to unusually high water bills for undetected leaks.
B. Definitions.
“Customer” means residential users of the Whitestown water utility.
“Physical damage” means damage to a facility or equipment supplying water to the premises and the damage:
1. Is not visible or detectable on the customer’s premises except upon excavation or some other disturbance of the property; and
2. Is not the result of an act of the customer, or of any agent or contractor hired by the customer.
“Unusually high water bill” means a residential water bill for a particular month that reflects monthly water usage, in whatever units measured, that is at least two times the customer’s average monthly usage at the premises as measured during the previous six monthly billing periods.
“Water service line” means the water line, lateral, or service pipe on the customer’s side of the water meter.
C. Customer’s Responsibility to Maintain Water Service Lines. The customer is responsible for the proper provision, monitoring, operation, maintenance, repair and replacement of all water service lines and components of the customer’s water system on the customer’s side of the water meter.
D. Customer’s Responsibility to Monitor, Investigate, and Repair Leaks. The customer is responsible for monitoring for unusually high water usage as reflected on the customer’s bill. The customer must promptly investigate any unusually high water bills. A customer is required to repair any water leak promptly, and the customer is responsible for all repair costs.
E. Eligible Leaks. A customer may seek an adjustment under this section to an unusually high water bill caused by physical damage to the customer’s water service line. A customer may not receive an adjustment under this section unless the customer has paid all outstanding sewer and water bills owed prior to the unusually high water bill.
F. Non-Eligible Leaks. A customer is not eligible for an adjustment to an unusually high water bill due to circumstances not caused by an undetected leak, leaks that should reasonably have been discovered, high usage caused by negligence or failure to properly maintain water using/consuming items, or usage from appliances whether or not operating properly, including but not limited to the following:
1. Toilet leaks;
2. Irrigation system leaks;
3. Hot water and expansion tank leaks;
4. Hose bib (spigot) leaks;
5. Indoor plumbing and appliance leaks, including faucets and radiant floor heat; or
6. Pools, water features and their plumbing line leaks.
G. Written Request for Water Bill Adjustment Due to Leak. A customer seeking a water bill adjustment under this section must send written notice to the utility manager or his/her designee. The written notice shall contain the following information:
1. The name, address, and telephone number of the customer reporting the leak;
2. A description of how the leak was discovered;
3. The date the leak was discovered;
4. The nature and location of the leak;
5. The date the leak was repaired; and
6. A description of the repair work completed.
The customer shall provide any other information, documents, or access requested by the utility manager as may be necessary or appropriate for investigating the circumstances of any alleged leak and/or related repairs and verifying the customer’s eligibility for an adjustment under this section.
H. Timely Requests. A customer must make a written request for a water bill adjustment under this section within 60 days of the end of the billing period for which the adjustment is being requested.
I. Adjustment Period. The adjustment period for undetected leaks cannot exceed one regular meter reading period, unless (1) the meter reading was missed during the leak period, or (2) the leak affected two consecutive bills.
J. Adjustment Amount. If the utility manager determines that a customer is eligible for an adjustment under this section, the utility manager may adjust the unusually high water bill as follows:
1. The customer shall be responsible for an amount of the bill equal to four times the customer’s average monthly consumption (“four times the normal bill”), as calculated by averaging the six previous months’ bills before the leak, or any portion of the previous six months if the customer has fewer than six previous bills; plus an amount for the adjustments set forth below.
2. For those amounts of the bill above four times the normal bill, the utility manager may provide an adjustment reducing the bill amount that is more than four times the normal bill by up to 75 percent.
3. The customer may pay the adjusted bill in equal payments over a 12-month billing period in addition to the regular applicable monthly billing.
(By way of example, if a customer has a normal average water bill of $50.00 and receives an eligible unusually high water bill of $500.00 that is caused by undetected damage to the water service line, the customer’s adjusted bill would be $275.00 ($200.00 plus $75.00).)
K. Adjustment Limit. Each customer or property may only receive one adjustment in a 12-month period.
L. Appeals. An aggrieved customer may appeal a decision of the utility manager under this section to the town council. Such appeal must be filed with the town council within 30 days of the decision of the utility manager. The determination of the town council is final. [Ord. 2014-01 §§ 1 – 12]
13.05.190 Taking of water from a watercourse.
A. Consistent with IC 36-9-2-10 and 36-9-2-14, and other applicable statutes, the town hereby exercises its power to establish, maintain, control, and regulate the taking of water, or causing or permitting water to escape, from a watercourse both inside and within 10 miles of the town’s municipal limits, in the area more particularly depicted on Exhibit A attached to the ordinance codified in this section and made a part hereof (“Whitestown Territory”); provided, however, that the regulations within this section will not apply inside the current corporate limits of other existing cities or towns or to water services and public utility facilities existing within the Whitestown territory as of the adoption of the ordinance codified in this section.
B. No water shall be taken, or caused or permitted to escape, from a watercourse within the Whitestown Territory to be used for retail, wholesale, or other mass distribution of water, unless such distribution is conducted by or on behalf of the town pursuant to its authority, or with the written consent of the town.
C. No person shall interfere with the town’s access to and use of water from its existing or later developed well fields within the Whitestown Territory. “Well fields” shall mean areas owned or controlled by the town that have established water wells or planned water wells on them, whether now or in the future, for use by the town or its utility.
D. To the extent permitted by law, the town has exercised and will continue to exercise its authority to extend water service and provide water service in the Whitestown Territory. No person shall provide public water to a person or property located within the Whitestown Territory, or provide public water from a source within the Whitestown Territory, without the written consent of the town.
E. Nothing in this section shall prohibit the town from working cooperatively with any person, through interlocal agreements or otherwise, to provide for the development and extension of water services within the Whitestown Territory.
F. Nothing in this section shall prohibit (1) the taking of water from a watercourse for reasonable personal use, including residential type water wells, or (2) the continued use of current wells and water facilities to the extent and scope such preexisting wells or facilities are in use at the time of the adoption of the ordinance codified in this section.
G. “Watercourses” shall include lakes, rivers, streams, groundwater, aquifers, and/or any other body of water whether above or below ground and regardless of location and form.
H. “Person” shall include an individual, a firm, a limited liability company, a corporation, an association, a public utility, a private utility, political subdivision, or a governmental agency. However, for purposes of this section, a governmental agency shall not include the state of Indiana or the federal government. [Ord. 2011-12 §§ 1 – 8]
1 The surcharge is in addition to any and all other rates and charges.
2 The surcharge is in addition to any and all other rates and charges.