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(Ord. No. 9330-02, § I; Ord. No. 10440-16 , §I, 6-27-16)Sec. 17-86.Waiver-ef*Annexation and City eempaet connection fees. In consideration for the City's extension of sewer and/or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City System Development Charges, which shall be recorded with the St. Joseph County Recorder's Office. If the property is at least 1/8 contiguous to the City limits, the property owner shall file for a voluntary annexation (Ord. No. 9330-02, § I; Ord. No. 10440-16 , § I, 6-27-16; Ord. No. 10461-16 , § 4, 10-24-16) Sec. 17-87. Prior contracts unaffected; exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to September 1, 2016 shall be exempt from system development charges assessment fees. (b) The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users, the contract rate shall apply, and the terms of the contract shall supersede this article. (c) Notwithstanding anything contained herein within this Chapter 17, Article 10, the City reserves the right to retain any assessment which has been collected prior to January 1, 2016. (Ord. No. 9330-02, § I; Ord. No. 10440-16 , § I, 6-27-16) Sec. 17-88. Board of Works rate modification. The Board of Works shall, as needed, recommend any modification to the rates established in this article to reflect fluctuations in construction costs. (Ord. No. 9330-02, § I; Ord. No. 10440-16 , § 1, 6-27-16) SECTION II. The paragraphs, sentences and words of this Ordinance are severable, and if any portion hereof is declared unconstitutional,invalid,or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. SECTION III. This Ordinance shall take effect upon its passage by this Common Council approval by the Mayor, and any publication required by law. DUAfrik M CjOtt Sharon McBride, President, Common Council of the City of South Bend ATTEST: 24i 411 4 Dawn Jones, Clerk ' Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the day of , 2022, at o'clock .m. /0066(4) 21/t Dawn Jones, Clerk Office of the City Clerk 6