HomeMy WebLinkAboutCorrecting an error in Ord 9290-01 which establishes Universal Water and Sewer line installation Construction charges.ORDINANCE No.
Passed by the Compton Council of the Ciry of South Bend, Indiana
May 28,
Attest:
Attest: /5 d~~
9330-02
02
20
Presented by me to the Mayor of the Ciry of South Bend, Indiana
.lune 3, 20 02
City Clerk
President of Common Council
City Clerk
Approved and signed by me June 3, 20 02
Mayor
ORDINANCE NO. ~ 3 3 ~ "~~--
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
CORRECTING TECHNICAL ERRORS IN ORDINANCE #9290-01 WHICH
ESTABLISHES UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION
CONSTRUCTION CHARGES
STATEMENT OF PURPOSE AND INTENT
On November 26, 2001 the South Bend Common Council adopted Ordinance Number 9290-
01 which establishes universal water and sewer main line installation construction charges. It has
now come to the Council's attention that the numbering placement of said ordinance within the
South Bend Municipal Code requires correction. Specifically this Ordinance should be located in
the South Bend Municipal Code at Article 10, Sections 79 through 88 of Chapter 17, rather than at
Article 9, Sections 66 through 75 of Chapter 17.
Additionally, the original ordinance contained certain language which requires clarification.
This Ordinance corrects the technical numbering errors and clarifies existing terms and
language.
BE IT THEREFORE, ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND AS FOLLOWS:
Section I. Ordinance Number 9290-01 which was originally codified as Chapter 17, Article
9, Sections 66 through 75 of the South Bend Municipal Code is hereby amended and recodified as
Chapter 17, Article 10, Sections 79 through 88 and is further amended to read as follows:
ARTICLE 10. WATER AND SEWER INSTALLATION CONSTRUCTION FEES
Section 17-79 Water Main Lines Within City Limits -Assessment of Installation Charges
(a) City Residential Water Main Char
All owners of single family residential property located within the corporate limits of the City
of South Bend shall be assessed a proportionate share of the cost of water main line installation
computed at $23.75 per lineal foot (LF) of that water main line which is installed along the boundary
of such parcel, at a total maximum rate of $2,000 per single family residential parcel.
(b) City Commercial/Industrial Water Main Charges
(1) All owners ofproperty used for commercial or industrial purposes located within
the corporate limits of the City of South Bend using 12" diameter main lines shall be assessed a
proportionate share of the cost of water main line installation computed at the rate of $30.53 per
lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which
assessment is not subject to a maximum rate cap.
(2) All owners ofreal property located within the corporate limits ofthe City of South
Bend used for commercial or industrial purposes who require water main lines in excess of 12"
diameter shall be assessed a proportionate share of the cost of the water main line installation
computed at the actual cost, based on time and materials.
(3) All owners of property used for commercial or industrial purposes located within
the corporate limits of the City of South Bend using water main lines less than 12" diameter shall
be assessed the same rate as residential users, that is $23.75 per lineal foot (LF) without the
maximum rate cap.
Section 17-80 Water Main Line Outside City Limits -Assessment of Installation Charles
(a) Non-City Residential Water Main Charges
All owners of single family residential property located outside the corporate limits of the
City of South Bend shall be assessed a proportionate share of the cost of water main line installation
computed at $28.50 per lineal foot (LF) of that water main line which is installed along the boundary
of such parcel, which assessment is not subject to a maximum rate cap.
(b) Non-City Commercial/Industrial Water Main Charges
(1) All owners ofproperty used for commercial or industrial purposes located outside
the corporate limits of the City of South Bend using 12" diameter main lines shall be assessed a
proportionate share of the cost of water main line installation computed at the rate of $36.64 per
lineal foot (LF) of that water main line which is installed along the boundary of such parcel, which
assessment is not subject to a maximum rate cap.
(2) All owners of real property located outside the corporate limits of the City of
South Bend used for commercial or industrial purposes who require water main lines in excess of
12" diameter shall be assessed a proportionate share of the cost of the water main line installation
computed at the actual cost, based on time and materials, plus an additiona110% for costs to the City
associated with such extension. This assessment is not subject to a maximum rate cap.
(3) All owners ofproperty used for commercial or industrial purposes located outside
the corporate limits of the City of South Bend using water main lines less than 12" diameter shall
be assessed the same rate as non-city residential users, that is $28.50 per lineal foot (LF), with no
maximum rate cap.
Section 17.81 Sewer Main Line - Assessment of Installation Charges Inside and Outside Citx
The sewer main line installation charge shall be assessed on a per square foot basis of
property owned and applies to all property owners whether residential, commercial or industrial.
However, owners of single family residential real property located within the corporate limits of the
City of South Bend shall be limited to a maximum charge of $3,000 per single family residential
tract. The rates below are rates for user/property owners inside the City limits as follows:
Step of Block Rate ($/SF~
1S` 25,000 sf 0.28
next 50,000 sf 0.22
next 50,000 sf 0.14
next 50,000 sf 0.08
over 175,000 sf (4 acres) 0.04
NON-CITY USER INSTALLATION ASSESSMENT - 110% of above rates with no cap.
Section 17-82 Effective Date of Charge Assessment
All ~lre charges and rates fixed by this Article shall be effective at the time that connection
is made from the owner's property to the City sewer and/or water main line(s). The rates set forth
in this Article are separate and distinct from usage rates, tap and other non-recurring charges, water
and sewer service fund charges, availability fees, and other similar charges provided elsewhere under
Chapter 17.
Section 17-83 Owner Responsible for Connection Costs to Main Line.
All costs or charges for making the physical connection from the affected real property to the
City-installed sewer or water main line shall be the responsibility of the owner, and these are
separate and distinct from the charges set forth in this Article. The property owner shall engage a
licensed plumber to make any such lateral connection from the sewer and/or water main line to the
property or building. All such materials and installations shall be in compliance with Engineering
Department standards and any applicable Building or Plumbing Code.
Section 17-84 Party Responsible for Payment of Char
The owner of the property as determined by the record of deeds in the Office of the Recorder
of St. Joseph County shall be responsible and liable for the sewer and/or water installation
construction charges required by this Article.
Section 17-85 Methods of Payment, Prepayment with Discount, Installment Plan
(a) The property owner may pay all charges in full prior to time the installation work is
commenced. Prepayment of expenses in advance under this Section shall entitle the owner to a 10%
discount of the total charge.
(b) A single family residential real property owner may pay the charges under this Article
by 60 monthly installment payments with interest at the rate of 2% below the City's prime
borrowing rate established by the Board of Public Works by December 1 of each year for the
following calendar year. The interest at the commencement of the residential owner's sixty month
payment plan shall be constant throughout the sixty month term. The installment payment under this
Section shall be added to the monthly sewer/water bill and paid in the same manner and under the
same conditions as the 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 (I.C. 36-4-3-1 et seq.) and who has
irrevocably_petitioned for annexation contemporaneously with hook-up to municipal utilit lines.
Section 17-86 Waiver of Annexation and City Compact Fees
(a) Inconsideration 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 remonstrate against annexation as a condition
of tapping into the City's main line.
(b) As a further condition ofnon-City resident tap into City sewer and/or water main lines,
a-rron- resi~lerrt an owner of real property oyvrtcr situated outside the Cit,, l~ shall pay a compact
fee annually to the City for one utility (whether sewer or water service) which compact fee is 30%
of the difference between the County and City tax rates. If two utilities (both sewer and water
service) are used, then the annual compact fee shall be 50% of the difference between the County
and City tax rates.
Section 17-87 Prior Contracts Unaffected
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.
Section 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 its publication according to law.
1 st READING 5- ~ 3 ~ ~~"
PUBLIC NEARINGS~~'~L'as~u~~t~
3 rd READING S-t$-~y ~+-`~ ~ ui~S~'~
NOT APPROVED
filed In Clerk's Office
~ ~b9A~' 2 ~ z00z
~e~ LORl3TTA J. OIIDA
CITY CLERK, 8Q @@~tD, Q!.
;w~
Member, South Bend Common
REFERRED 0..S ~u.1oS~~~
PASSED S-i~~Z
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
34-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
CORRECTING TECHNICAL ERRORS IN ORDINANCE #9290-01 WHICH
ESTABLISHES UNIVERSAL WATER AND SEWER MAIN LINE
INSTALLATION CONSTRUCTION CHARGES
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with no recommendation due to a lack of quorum.
Karl King
Chairman
1400 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF I.AW
CHARLES S. LEONE
CITYATTORIVEY
Mr. Roland Kelly
President, South Bend Common Council
4"' Floor County-City Building
South Bend, IN 46601
PHONE 574/ 235-9241
Fax 5741235-9892
TDD 5741235-5567
ALADEAN M. DEROSE
May 28, 2002 CHIEFASSISTAIITCITYATTORNEY
Re: Substitute Bi1134-02 Amended Universal Utility Main Line Assessment Ordinance
Dear Mr. Kelly:
Attached is a substitute Bill No. 34-02. When this Bill was originally filed with the
Common Council it contained only codification changes, although we intended to make semantic
changes as well. The substitute Bill makes several semantic changes, specifically:
• 17-80(b)(2) It adds that commerciaUindustrial water/sewer main line assessments are not
subject to a maximum rate cap to be parallel with subparts 1 and 3.
• 17-82 All charges and rates affected by this bill are subject to the same effective date.
• 17-86 The language regarding residents was clarified.
• The word "real" was added throughout as a modifier of the word "property".
The one substantive change occurs at § 17-85(c) which allows the City to charge in-city
residential rate caps to non-city residents who have contemporaneously, and irrevocably filed
rp oiler petitions to annex their residential tracts to the City.
We hope the Council will favorably review this substitute bill.
Sincerely,
Aladean M. DeRose
Chief Assistant City ttaw~y,'~ Cl~rk~s ®~~C~
AMD/cw PI~~L1
cc: Gary Gilot
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O.OR97Td ~. otdDA
THOMAS L. BODNAR CHERYLA. GREENS JO ~~"~'
JEFFREY M. JANKOWSHI ROBERT C. ROSE*IFELD - L