09/06/88 Board of Public Works Minutes

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268 REGULAR MEETING SEPTEMBER 6, 1988 RESOLUTION NO. 26-1988 WHEREAS, United Pentecostal Church did construct a sanitary sewer along Ironwood Road in July/August, 1987 and built to the City of South Bend Standards; and WHEREAS, the cost of said sewer was paid for by United Pentecostal Church, 59609 S. Ironwood Dr.; and WHEREAS, Section 36-9-23-30 of the Indiana Code and Section 17-8 of the South Bend Municipal Code proscribe that connection must be made to the sewer system of a municipality if there is an available sanitary sewer within three hundred (300) feet of an affected property line; and WHEREAS, the City of South Bend, through its Board of Public Works requires property owners within three hundred (300) feet of an available sanitary sewer to make a connection; and WHEREAS, such property owner is required to make the connection to the sewer at their own expense; but is allowed to contract with the city for obtaining its pro rata share of the construction cost from any subsequent owner who taps into the sewer without having contributed to the original cost of said sewer; and WHEREAS, I.C. Section 36-9-23-29 permits the city, through its Board of Public Works to fix the fees for the construction costs and requires that the fee "be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property;" and WHEREAS, the City, through its Department of Engineering, has conducted studies and investigations to fix a fair and equitable pro rata share to serve the property. NOW, THEREFORE, BE IT RESOLVED, that for all connections required under state and local law, shall be as follows: Section 1. The fee for connection into the public sanitary sewer will be a sum equal to a pro rata share according to the following schedule: and for a period not to exceed 15 years from the date of this resolution: (a) $0.07/sq.ft. shall be paid to United Pentecostal Church for each square foot as determined by multiplying the frontage on Ironwood Road of the property benefiting from said sewer by depth of the property, up to a maximum of 150 feet in depth; plus (b) $0.03/sq.ft. shall be paid to United Pentecostal for all remaining property benefiting by said sewer within 500 feet of the sewer that hook-up indirectly. (c) $1,500 shall be paid to United Pentecostal for each forced main connected directly into sewer. (limit 3).