Extend and Provide sewer services to an area within then miles outside the city limits, known as a portion of Poppy Road

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ORDINANCE NO. 1 2 3 ~- ~' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA WITHIN TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN AS A PORTION OF POPPY ROAD, IN WARREN TOWNSHIP ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT The City of South Bend, Department ofPublic Works, under the authority ofI.C. 36-9-23-36 has the power to extend its sewer service system to an area within ten (10) miles outside the City of South Bend municipal limits. It is in the best interest of the City that sewer main lines be extended to an area outside the City limits located on Poppy Road between U.S. 20 and old Cleveland Road in Warren Township, St. Joseph County, Indiana due in part to its proximity to previously annexed property, i.e., BW Business Park. Construction of the sewer main line will be in the publicright-of- way on Poppy Road and will affect property within 1/4 mile east and west of the sewer extension area. The area affected by the extension of sewer main lines encompasses approximately 25 tracts of land owned by 23 persons. Maps of the sewer extension project area are attached hereto as Exhibits "Al-4." The City is empowered and desires to provide for the cost and method of paying for such utility extension construction pursuant to the City's general authority under I.C. 36-9-23-1 et seq. and specifically I.C. 36-9-23-10. The total cost of installing the sewer main line within the affected properties on Poppy Road, Warren Township, St. Joseph County, Indiana is $720,000 per lowest bid received by the Board of Public Works for the sewer extension project. The City desires to charge each property owner in the affected area a portion of the cost of construction upon their connection to the sewer main line. The cost to each owner of single family dwelling property will be a linear foot charge of $117.00 per linear foot of property up to a maximum fee of $3,000 per residence. This is consistent with the City's past practice. This $3,000 cost cap shall not apply to residential owners who subdivide their realty. Under these circumstances, the linear foot rate shall apply without limitation as a reflection of the true construction cost share. All of the owners of the affected real estate have been notified by certified mail to their last known address of the City's intent, cost estimates and of the owners' expected cost sharing. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The City by and through its Department of Public Works is hereby authorized and ordered to extend and construct sewer main lines to an area outside the corporate limits of the City of South Bend which is located less than ten (10) miles outside the corporate limits, specifically, an