Extend and Improve Utility Service and to allocate costs to a recently annexed area along US 31 S of Kern - Phase II

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The City also proposes to charge each property owner for the sewer line extension a rate based on a square foot (not linear foot) basis due to variations on developable lot depth and acreage so as to prevent shallower land parcels from being charged disproportionately. The actual cost to the City for sewer main extension on a linear foot basis is $56.50 which is less than the linear cost for Reasor Street of $61.75 per linear foot. The City will use the $56.50 per linear foot base cost ($305,798 total) and convert it to a square foot cost. The acreage served is 142.54 acres or 6,209,042 square feet, for a sewer assessment rate of $0.05 per square foot. The total for any City resident for sewer main extension shall not exceed $3,000 which is the maximum charge imposed by the City on resident owners for sewer extension in the past year. The sewer extension rate for property outside the City will be 120% the City rate or $0.06 per square foot (i.e. $0.05 x 1.20) and is not subject to a maximum cost cap. Owners of parcels of land outside the City who choose to tap into the proposed water and sewer main lines provided by the City, as a condition of such use, will be required to execute a waiver of right to remonstrate against annexation and will pay a compact fee consisting of 50 % of the difference between the City and County tax rates if they use both sewer and water, or 30% of the difference between the City and County tax rates if only one utility is used. 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 and water main lines to recently annexed land and territory within the corporate limits of the City of South Bend, generally located along U.S. 31, south of Kern Road, more particularly described as follows: That part of the following sections: the northeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana; the southeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southwest corner of Lot 132 of the Whitcomb & Kelley's Southmoor Addition, also being the east right-of--way line of US 31 South; thence south along the eastright-of--way line of US 31 South to the north west corner of Lot 2 of the Landon-Zimmer Minor Subdivision; thence continuing south along the east right-of--way line of US 31 South, and also being the corporate boundary of the City of South Bend to the south line of the corporate boundary of the City of South Bend, extended west; thence west along the south line of the corporate boundary of the City of South Bend, also being the north line of a parcel identified as Tax Key Number O1-1002-0037.01 to the west line of said parcel; thence south along the west line of said parcel, and also being the corporate boundary of the City of South Bend to the north west corner of Lot 39 of Weller Heights Addition; thence west along the north line of said Weller Heights Addition to a point approximately 10 feet west of the northwest corner of Lot 58 of Weller Heights Addition, and also being the west line of the corporate boundary of the City of South Bend and the west line of a parcel identified as Tax Key Number 23-1002-0022.02; thence north along the west line of