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Sec. 17-87. Prior contracts unaffected; exemptions. <br />(a) Owners who have either executed a permit to connect or who connected to the City's sewer <br />or water line prior to September 1, 2016 shall be exempt from system development charges <br />n�oaamc�of -�cc'3. <br />(b) The rates set forth in this article shall not apply to user contracts executed with the City <br />prior to the effective date of this article. For all such users, the contract rate shall apply, and <br />the terms of the contract shall supersede this article. <br />(c) Notwithstanding anything contained herein within this Chapter 17, Article 10, the City <br />reserves the right to retain any assessment which has been collected prior to January 1, <br />2016. <br />(Ord. No. 9330-02, § I; Ord. No. 10440-16, § I, 6-27-16) <br />Sec. 17-88. Board of Works rate modification. <br />The Board of Works shall, as needed, recommend any modification to the rates established <br />in this article to reflect fluctuations in construction costs. <br />(Ord. No. 9330-02, § I; Ord. No. 10440-16, § I, 6-27-16) <br />SECTION II. The paragraphs, sentences and words of this Ordinance are severable, and <br />if any portion hereof is declared unconstitutional, invalid, or unenforceable by a court of competent <br />jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. <br />SECTION III. This Ordinance shall take effect upon its passage by this Common Council <br />approval by the Mayor, and any publication required by law. <br />Sharon McBride, Council President <br />South Bend Common Council <br />ATTEST: <br />Dawn M. Jones, City Clerk <br />Office of the City Clerk <br />