Amending Ch 17 of the SBMC to include new rules and regulations for assessment of installation charges

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monthly water service charges. However, a subsequent owner shall pay in a lump sum at the time of sale of the water and or sewer served real property any balance remaining on the previous owner's obligation for sewer and /or water main extensions under this section. (c) Notwithstanding the foregoing, an owner of vacant real property served by a sewer and /or water main installed by the City shall fully assume and pay the maximum construction charge assessable under this article upon construction of any improvement to the vacant land. If the land is in the City limits at commencement of construction, City rates shall apply. If the land is outside City limits at the commencement of construction, non -City rates shall apply. However, the Board of Public Works may make exceptions for an owner of real property outside the City who qualifies for annexation to the City under the requirements of state statute (IC 36 -4 -3 -1 et seq.) and who has irrevocably petitioned for annexation contemporaneously with hook -up to municipal utility lines. Sec. 17 -86. - Waiver of annexation and City compact fees. (a) 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. (b) As a further condition of a 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 tax rates. 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 tax rates. Sec. 17 -87. - D contracts ff + a Exemptions. (a) Owners who have either executed a permit to connect or who connected to the City's sewer or water line prior to September 1, 2016 shall be exempt from assessment fees. (b) 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. (c) Notwithstanding anything contained herein this Chapter 17, Article 10, the City reserves the right to retain any assessment which has been collected prior to January 1, 2016. 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. rd