Correcting an Omission in Ord 9179-00 which provided utility services costs to recently annexed area in South Bend

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ORDINANCE NO. -1 ~ ~ ~ ~ 0 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING AN OMISSION IN ORDINANCE N0.9179-00 WHICH ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES AND ALLOCATED COSTS TO A RECENTLY ANNEXED AREA WITHIN THE CITY OF SOUTH BEND AND TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT On November 27, 2000, the South Bend Common Council adopted Ordinance No.9179-00 which extended and provided utility services and allocated costs for those services to an area then recently annexed within the City of South Bend as well as to an area outside the City limits, all located along U.S. 31 South and Main Street in Centre Township, St. Joseph County, Indiana. Ordinance No. 9179-00 was the first in a series of three ordinances which applied a cost sharing formula to geographic areas located outside the City limits. The other two ordinances were 9212-O1 and 9290-01. Ordinance 9290-01 provided for an extension of services south of the territory described in Ordinance 9179-00 and Ordinance No. 9290-01 is the universal water and sewer main line installation construction charge ordinance applying to all areas within or outside the City limits. Two prior ordinances were also passed which applied a cost sharing formula to areas wholly within the City limits, i.e. Ordinance No. 9108-00 (Reasor Street) and Ordinance No. 9155-00 (Huey Street) It has come to the Common Council's attention that all municipal utility extension cost sharing ordinances except 9179-00 provide a municipal utility service cap of $2,000 for water service only, and $3,000 for sewer services to owners of residential property located within the City limits. It is the intent of the South Bend Common Council to treat all in-City residential owners the same, and accordingly, it is necessary to amend Ordinance No. 9179-00 in order to provide to City of South Bend residents within the described geographic area the same maximum rate caps for water and sewer extension costs. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Section IV of Ordinance No. 9179-00 is hereby amended to read as follows: Section IV. A portion of the costs of construction of sewer to the affected properties within the City limits as set forth in Section I of this Ordinance and pursuant to the terms of this Ordinance shall be paid in part by the owners of each parcel of real estate in the affected area identified in Section I and set forth more specifically in Exhibit "B-1". Payment shall be made by said property owners to the City of South Bend at the rate of $85.50 per linear foot of real estate owned by each resident within the area identified in Section I of this Ordinance at the rate of $23.75 per front foot