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

Home Browse Search

area within the publicright-of--way on Poppy Road between Cleveland Road and U.S. Highway 20. Attached hereto and incorporated herein as Exhibit "B" is a list of all properties affected by the sewer main construction, which properties are identified by tax key number, property address where available, and subdivision where existent. Section II. The construction of the sewer extension lines for the affected utility area shall be in accordance with the plans, specifications, and general cost estimates of the engineering firm selected and approved by the South Bend Department of Public Works, which are on file with the Board of Public Works for public review and inspection. Section III. A portion of the costs of construction of sewer main line to the affected area identified in Section I of this Ordinance shall be paid in part by the owners of each parcel of land identified in Exhibit "B". Owners of single family dwelling property who are benefitted by the sewer extension area and who tap into the extension will be assessed a fee as a share of the construction costs based on a linear foot charge of $117.00 per linear foot up to a maximum fee of $3,000 per residence. Payment shall be made through either a personal contract with the City of South Bend under the general authority of I.C. 36-9-22-2 or if such a contract is not executed by December 31, 2001, then each owner or subsequent owner of property in Exhibit "B" shall be assessed a monthly rate based on the linear foot charge not to exceed $50.00 per month ($600.00 per year) for a single family dwelling until the assessment is paid in full. The $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. If the owner's property is outside the City of South Bend corporate limits at the time of connection, City Compact Fees shall apply which for sewer service is 30% of the difference between the County and City tax rate. If the properly owner connects to both sewer and water, the City Compact Fee shall be 50% of the difference between the County and City property tax rate. Furthermore, as a condition of hook-up to sewer mains, owners of parcels of land outside City limits shall execute a waiver of right to remonstrate against annexation. Section N. The City of South Bend, having entered into a cost sharing arrangement with developers of property in the affected area, has sufficient funds to pay its share of the cost of construction of the sewer main line in the affected area and no additional appropriations, nor revenue bonds are necessary for this construction. Section V. Each owner or subsequent owner of real property within the area described by Sections I of this ordinance shall fully assume and pay all costs necessary to run a service line from the sewer main to the owner's home as well as any sewer tap fees otherwise applicable generally, and each subsequent owner shall further pay in a lump sum at the time of sale any balance remaining on the previous owner's obligation for sewer main extensions under Section III. Section VI. Owners of vacant property served by the sewer main under this ordinance shall pay the City in full the maximum applicable capital reimbursement fee per lot for sewer upon construction of any improvement requiring sewer service upon the vacant land. If the subj ect parcel is in the City or annexed to the City, then City rates shall apply. If the subject parcel is outside the City limits, then the non-City rates shall apply.