Correcting an error in Ord 9290-01 which establishes Universal Water and Sewer line installation Construction charges.

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Section shall be added to the monthly sewer/water bill and paid in the same manner and under the same conditions as the monthly water service charges. However, a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and/or water main extensions under this Section. (c) Notwithstanding the foregoing, an owner of vacant real property served by a sewer and/or water main installed by the City shall fully assume and pay the maximum construction charge assessable under this Article upon construction of any improvement to the vacant land. If the land is in the City limits at commencement of construction, City rates shall apply. If the land is outside City limits at the commencement of construction, non-City rates shall apply. However, the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (I.C. 36-4-3-1 et seq.) and who has irrevocably_petitioned for annexation contemporaneously with hook-up to municipal utilit lines. Section 17-86 Waiver of Annexation and City Compact Fees (a) Inconsideration 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 waiver of right to remonstrate against annexation as a condition of tapping into the City's main line. (b) As a further condition ofnon-City resident tap into City sewer and/or water main lines, a-rron- resi~lerrt an owner of real property oyvrtcr situated outside the Cit,, l~ shall pay a compact fee annually to the City for one utility (whether sewer or water service) which compact fee is 30% of the difference between the County and City tax rates. If two utilities (both sewer and water service) are used, then the annual compact fee shall be 50% of the difference between the County and City tax rates. Section 17-87 Prior Contracts Unaffected 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. Section 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. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and its publication according to law. 1 st READING 5- ~ 3 ~ ~~" PUBLIC NEARINGS~~'~L'as~u~~t~ 3 rd READING S-t$-~y ~+-`~ ~ ui~S~'~ NOT APPROVED filed In Clerk's Office ~ ~b9A~' 2 ~ z00z ~e~ LORl3TTA J. OIIDA CITY CLERK, 8Q @@~tD, Q!. ;w~ Member, South Bend Common REFERRED 0..S ~u.1oS~~~ PASSED S-i~~Z