Bill 23-16 Amending various sections of the South Bend Municipal Code to include new rules and regulations for assessment of instalation charges

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Sec. 17 -86. - Waiver of annexation and City compact fees. (a) Notwithstanding anyihing to the contrary contained herein, the effective date of this Section 17 -86 shall remain June 3 2002. cca (b) In consideration for the City's extension of sewer and /or water main lines to areas outside City limits, the owner of any such real property located outside City limits who wishes to connect to a City main line shall execute a waiver of right to demonstrate against annexation as a condition of tapping into the City's main line. (c) Effective January 1, 2017, aAs a further condition of non -City resident tap into City sewer — and/or water main lines, an owner of real property situated outside the City limits shall pay a compact fee annually to the City for one (1) utility (whether sewer or water service) which compact fee is thirty (30) percent of the difference between the County and City effective property tax. If two (2) utilities (both sewer and water service) are used, then the annual compact fee shall be fifty (50) percent of the difference between the County and City effective property tax. Sec. 17 -87. - P,.; ^r eontiracts unaffee Exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to July 1, 2016. In cases where the cost of sewer or water installation is covered by an entity other than the City or has otherwise been paid the Board of Works shall have the authority to enter into a reimbursement agreement with such entity or waive such assessments outright. (c) Re- connection to City sewer or water main lines constructed on or before July 1, 2016 or any property that has already paid its assessments in full. O Sewer or water installation assessments specifically addressed in development agreements executed by the Redevelopment Commission may be waived under this Section. O The rates set forth in this article shall not apply to user contracts executed with the City prior to the effective date of this article. For all such users, the contract rate shall apply and the terms of the contract shall supersede this article. Sec. 17 -88. - Board of Works rate modification. The Board of Works shall, as needed, recommend any modification to the rates established in this article to reflect fluctuations in construction costs. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: