Amend Chapter 17, Add new Article 9 for Universal Water and Sewer Main Line Installation Construction Charges

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ORDINANCE NO. ~ Z ~ O ~ V AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 17, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 9 FOR UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES STATEMENT OF PURPOSE AND INTENT During the past two years the City of South Bend has extended water and sewer main lines into areas both within and outside City limits which previously had no such City water and sewer main lines. For each such extension of water and/or sewer main lines, the South Bend Common Council has enacted separate ordinances directed to the owners ofthe real property affected by utility extension pursuant to I.C. 36-9-23-1 et seq. and particularly I.C. 36-9-23-10. These ordinances established and imposed the owner's proportionate share of the construction costs of such utilities, and were consistent with past assessments under Barrett Law because sewer and water main extensions are not generally supported by the property tax levy. Because future extensions of sewer and water main lines are contemplated as part of the City's overall utility planning process, it is fiscally responsible for the City to recover the costs of system-wide construction of utility main lines as equitably as possible. A universal fee structure to provide for the public sharing of construction costs ofwater/sewer main lines is more efficient than the imposition of costs on a site-by-site basis. The charges set forth in this ordinance represent an equitable public sharing of costs for the construction ofpublic water and sewermain lines, and are consistent with the charges that have been imposed upon property owners in the recent ordinances enacted by this Council. These charges may be adjusted as needed on recommendation of the City's Board of Public Works to reflect actual fluctuations in construction costs and interest rates. A rate differential between City and non City property owners has been set to reflect additional costs of extending main lines outside the City, including costs of master planning, looping and pumping boosters and/or storage as may be necessary to support the aggregate extensions. BE IT THEREFORE, ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. Chapter 17 is hereby amended to add a new Article 9, Sections 66 through 75 to read as follows: ARTICLE 9. WATER AND SEWER INSTALLATION CONSTRUCTION FEES