06-17 Reaffirming 10461-16 regarding Wastewater fees

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE 10461 -16 FOR CUSTOMERS OUTSIDE THE CITY'S CORPORATE BOUNDARY STATEMENT OF PURPOSE AND INTENT The purpose and intent of this ordinance is to reaffirm the passage on October 24, 2016 of Ordinance 10461 -16 (repealing compact fees and certain assessments) as it pertains only to changes in wastewater fees for customers outside the City's corporate boundary. The charges related to wastewater customers outside the City's corporate boundary proposed in Ordinance 10461 -16 will be effective pending passage of this bill which first requires notice of the proposed changes to customers who are located outside the City's corporate boundary and a public hearing in front of Council. Enactment of this ordinance shall satisfy the notice and public hearing required under Indiana Code 8- 1.5- 3 -8.1. The changes enacted by Ordinance 10461 -16, as they relate to changes in water fees for customers inside or outside the City's corporate boundary or wastewater fees for customers inside the City's corporate boundary, remain intact. The Sections stated below only address wastewater fee changes. There are no language changes from Ordinance 10461 -16. Section 1. Sections 17 -79 of the City Code shall be repealed in its entirety and amended to read as follows: Sec. 17 -79. System Development Charge for Wastewater inside and outside City limits. 1. For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. For purposes of customers that are not single family residences, one ERU shall equal estimated wastewater flows of 310 gallons per day. No customer will be less than one ERU. There will be no partial ERU's. The City shall round down to the closest applicable ERU calculation at all times. 2. Except as provided in Subsections 5. and 6. of this Section, for every new connection to the South Bend Municipal Sewer Works, a system development charge of $1,145 shall be collected per ERU and additional portion thereof to be connected. All charges shall be billed by the City at the time the application for service is filed. 3. System development charges per ERU shall also be collected from existing customers undertaking activities producing a permanent increase in wastewater flow of greater than 310 gallons per day. This subsection shall not apply to an existing customer who has, by contract, purchased reserved capacity from the City so long as the customer's flows remain within the reserved capacity. A permanent increase shall be deemed to have