Clinton Township Water Co. v. City of Clinton

707 N.E.2d 807, 1999 Ind. App. LEXIS 380, 1999 WL 144918
CourtIndiana Court of Appeals
DecidedMarch 18, 1999
DocketNo. 83A04-9805-CV-248
StatusPublished
Cited by1 cases

This text of 707 N.E.2d 807 (Clinton Township Water Co. v. City of Clinton) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clinton Township Water Co. v. City of Clinton, 707 N.E.2d 807, 1999 Ind. App. LEXIS 380, 1999 WL 144918 (Ind. Ct. App. 1999).

Opinion

OPINION

KIRSCH, Judge.

Clinton Township Water Co., Inc. (Township), appeals the trial court’s confirmation of a rate increase for water service provided by the City of Clinton, Department of Water Works (City). The issues presented on appeal are:

1. Whether the trial court applied the proper legal standard for evaluating the rate increase.
II. Whether the trial court properly concluded that the rate increase was nondiscriminatory, reasonable, and just.

We affirm.

FACTS AND PROCEDURAL HISTORY

On September 9, 1997, the Common Council of the City of Clinton adopted an ordinance setting forth an increase in the City’s water rates, the first such increase in nearly ten years. The Township, the City’s only wholesale customer, was to incur a 166% increase in its rates while the City’s residential customers were to incur a 100% increase in their rates. These respective increases resulted in the Township paying the same rates as the residential customers which it had not been required to do prior to the rate increase. The Township filed a petition in which it objected to the rate increase, claiming it violated IC 8-1.5-3-8. The trial court held a hearing on the Township’s petition and confirmed the City’s rate increase. In reaching its decision, the court entered findings and conclusions, which provide in pertinent part as follows:

“1. The City of Clinton is a municipality of the State of Indiana who owns and operates a water utility providing water service to members of the public both within and outside the City’s municipal limits.
2. Clinton Township Water Company, Inc. is a non-profit water utility and is [a] wholesale customer of the City of Clinton.
3. That City was taken out of the jurisdiction of the Indiana Utilities Regulatory Commission for the approval of rates and charges pursuant to IC 8-1.5-3-9.
4. That City held a public hearing for the purpose of allowing interested persons to be heard concerning rates and charges....
[809]*809.... 1
7. That after the hearing the City Council adopted an ordinance establishing the water rates and charges pursuant to IC 8-1.5-3-8.1.
8. That it costs the City .79 cents per 1000 gallons of water to produce the water sold. That Respondent is paying .63 cents per gallonf ] for water purchased by them.
9. That the City Water Utility has working capital representing approximately one month of operations and had a net income in 1997 of $15,430.00.
10. That the City Water Utility has nothing in its old rates to include a reasonable rate of return on the utility plant.
11. That the outstanding balance of the hydrant rental receivable is $160,872 as of December 1997.
12. That the following projects are recommended and/or necessary within the next ten years to maintain the utility property in a sound physical and financial condition to render adequate and efficient service:
a) construction of a 500,000 gallon holding tank at a cost of $750,000.
b) replacement of old water mains and meters at a cost of not less than $1,000,000.00 or as much as $5,000,-000.00[.]
c) valve replacements at a cost of $100,000.00 per year for 10 years plus a cost for plugs @ $75,000.00.
d) provide well head protection to comply with IDEM within two years at a cost of $35,000.00 to $55,000.00[.]
and that there are no provisions in the old rate to provide adequate money for making these extensions and replacements.
13. That given the significant percentage increase in Respondent’s rate, the new rate is well within the range of rates currently charged by those water utilities in the area surrounding Vermillion County.
CONCLUSIONS OF LAW
2. That the old water rates in effect prior to the new ordinance did not produce an income sufficient to maintain the utility property in a sound physical and financial condition to render adequate and efficient water service.
3. That the new water rates established by the City are non-discriminating, reasonable and just pursuant to IC 8-1.5-3-8.
It is therefore ORDERED that the new water rate established by the ordinance enacted by the Clinton City Council is confirmed.”

Record at 78-80. The Township appeals.

DISCUSSION AND DECISION

On appeal, the trial court’s findings and conclusions will not be set aside unless clearly erroneous. Ind. Trial Rule 52(A). When determining whether the trial court’s findings and conclusions are clearly erroneous, we consider whether the evidence supports the findings and whether the findings support the judgment. Chidester v. City of Hobart, 631 N.E.2d 908, 909 (Ind.1994). We will disturb the judgment only where there is no evidence to support the findings or the findings fail to support the judgment. Id. We will not reweigh the evidence, but will consider the evidence most favorable to the trial court’s judgment together with all reasonable inferences arising therefrom. Id.

I. Proper Legal Standard

Pursuant to IC 8-1.5-3-9, the City has removed itself from the jurisdiction of the Utility Regulatory Commission (IURC). Notwithstanding such removal, the Township argues that the City was required to justify the rate increase by using the same rate-making methods and procedures followed by utilities subject to the IURC’s jurisdiction. All of the cases the Township cites in support of its position involve utilities subject to the jurisdiction of the IURC for approval of rates [810]*810and charges. See City of Logansport v. Public Serv. Comm’n,2 202 Ind. 523, 177 N.E. 249 (1931); Indiana Gas Co. v. Office of Utility Consumer Counselor, 575 N.E.2d 1044 (Ind.Ct.App.1991); Capital Improvement Bd. of Managers of Marion County v. Public Serv. Comm’n, 176 Ind.App. 240, 375 N.E.2d 616 (1978); L.S. Ayres & Co. v. Indianapolis Power & Light Co., 169 Ind.App. 652, 351 N.E.2d 814 (1976). Based upon these cases, the Township advocates an historical test-year rate-making method. This method is not mandated, but has been “generally accepted” in cases before the IURC. See Capital Improvement Board, 176 Ind.App. at 257, 375 N.E.2d at 630.

Nothing in the case law or in the applicable statutes mandates a certain type of rate-making method for municipal utilities that have removed themselves from the jurisdiction of the IURC.

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707 N.E.2d 807, 1999 Ind. App. LEXIS 380, 1999 WL 144918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinton-township-water-co-v-city-of-clinton-indctapp-1999.