HomeMy WebLinkAboutCorrecting an Omission in Ord 9179-00 which provided utility services costs to recently annexed area in South BendORDINANCE No.
9334-02
Passed by the Common Council of the Ciry of Soz~th Bend, Indiana
June 10,
Attest:
Attest:
~/7. C'~
02
20
Presented by me to the Mayor of the Ciry of South Bend, Indiana
June 14 20 02
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me June 14, 20 02
Mayor
ORDINANCE NO. -1 ~ ~ ~ ~ 0
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA CORRECTING AN OMISSION IN ORDINANCE N0.9179-00 WHICH
ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES AND ALLOCATED
COSTS TO A RECENTLY ANNEXED AREA WITHIN THE CITY OF SOUTH BEND
AND TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH
AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
STATEMENT OF PURPOSE AND INTENT
On November 27, 2000, the South Bend Common Council adopted Ordinance No.9179-00
which extended and provided utility services and allocated costs for those services to an area then
recently annexed within the City of South Bend as well as to an area outside the City limits, all
located along U.S. 31 South and Main Street in Centre Township, St. Joseph County, Indiana.
Ordinance No. 9179-00 was the first in a series of three ordinances which applied a cost sharing
formula to geographic areas located outside the City limits. The other two ordinances were 9212-O1
and 9290-01. Ordinance 9290-01 provided for an extension of services south of the territory
described in Ordinance 9179-00 and Ordinance No. 9290-01 is the universal water and sewer main
line installation construction charge ordinance applying to all areas within or outside the City limits.
Two prior ordinances were also passed which applied a cost sharing formula to areas wholly within
the City limits, i.e. Ordinance No. 9108-00 (Reasor Street) and Ordinance No. 9155-00 (Huey
Street)
It has come to the Common Council's attention that all municipal utility extension cost
sharing ordinances except 9179-00 provide a municipal utility service cap of $2,000 for water
service only, and $3,000 for sewer services to owners of residential property located within the City
limits. It is the intent of the South Bend Common Council to treat all in-City residential owners the
same, and accordingly, it is necessary to amend Ordinance No. 9179-00 in order to provide to City
of South Bend residents within the described geographic area the same maximum rate caps for water
and sewer extension costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND as follows:
Section I. Section IV of Ordinance No. 9179-00 is hereby amended to read as follows:
Section IV. A portion of the costs of construction of sewer to the affected properties within
the City limits as set forth in Section I of this Ordinance and pursuant to the terms of this Ordinance
shall be paid in part by the owners of each parcel of real estate in the affected area identified in
Section I and set forth more specifically in Exhibit "B-1". Payment shall be made by said property
owners to the City of South Bend at the rate of $85.50 per linear foot of real estate owned by each
resident within the area identified in Section I of this Ordinance at the rate of $23.75 per front foot
for water and $61.75 per front foot for sewer when the property owner connects to the installed
sewer and water mains. Payment can be arranged either m a lump sum with 10% discount for early
payment or time payment plan for 60 months without interest through an additional charge on the
resident's water bill.
Notwithstanding the foregoing all owners of a single family residential dwellin>; located on
a sin le residential lot in the Cit will a a total maximum rate of 2 000 er sin le famil
residential parcel in the City as the cost of water main line installation and a maximum rate_of
$3 OOO~er single family residential parcel in the City for the cost of sewer main line installation, or
a maximum cost for both municipal sewer and water service of $5,000.
Section II. All other provisions in Ordinance 9179-00 not amended by this Ordinance shall
remain in full force and effect.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, and approval by the Mayor.
~~~.~~~~
Member, South Bend Common Cou cil
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1 st READING
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3 rd READING ~ ~ ~q
NOT APPROVED
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Exhibit "B -1"
Properties within the City Limits Subject to Phase One Utility Extension -Bill No. 125-00
(Tax Key Numbers are still County designation)
Tax Key Address
Use Subdivision
01-1017-
0340.17 5617 US 31 South house Dixie Gardens ]litter's (Unrecorded)
0340.18 5613 US 31 South commercial Dixie Gardens }titter's (Unrecorded)
0340.23 5614 Main St. South house Dixie Gardens ]titter's (Unrecorded)
0340.24 5606 US 31 South commercial Dixie Gardens ]titter's (Unrecorded)
0340.29 5601 US 31 South commercial Dixie Gardens hitter's (Unrecorded)
0340.33 5605 US 31 South commercial Dixie Gardens ]titter's (Unrecorded)
0340.36 5618 Main St. South house Dixie Gardens ]titter's (Unrecorded)
0340.38 5618 Main St South house Dixie Gardens ]titter's (Unrecorded)
0340.45 5602 Main St South commercial Dixie Gardens Ritter's (Unrecorded)
O1-1018-
0376 5625 US 31 South vacant Dixie Gardens ]titter's (Unrecorded)
0376.01 5715 US 31 South vacant Dixie Gardens Ritter's (Unrecorded)
0376.03 5707 US 31 South commercial Dixie Gardens Ritter's (Unrecorded)
0376.04 5621 US 31 South commercial Dixie Gardens Ritter's (Unrecorded)
0376.05 5711 US 31 South vacant Dixie Gardens }titter's (Unrecorded)
0386 6175 US 31 South vacant Fluegel's Plat (unrecorded)
0386.01 6005 US 31 South commercial Fluegel's Plat (unrecorded)
0386.02 6017 US 31 South commercial Fluegel's Plat (unrecorded)
0386.03 6013 US 31 South commercial Fluegel's Plat (unrecorded)
0386.04 6103 US 31 South commercial Fluegel's Plat (unrecorded)
O1-1041-
1050 5910 Main St. South commercial Gillmer's South Michigan Street Addition
1054 5904 Main St. South commercial Gillmer's South Michigan Street Addition
1057 5913 US 31 South commercial Gilhner's South Michigan Street Addition
1061 5905 US 31 South commercial Gillmer's South Michigan Street Addition
01-1042-
1089 5810 Main St. South vacant Gilhner's South Michigan Street Addition
1091 5806 Main St. South vacant Gillmer's South Michigan Street Addition
1096 5811 US 31 South commercial Gilhner's South Michigan Street Addition
1098 5803 US 31 South commercial Gillmer's South Michigan Street Addition
1099 5805 US 31 South commercial Gillmer's South Michigan Street Addition
1102 5801 US 31 South commercial Gillmer's South Michigan Street Addition
01-1065-
2016 6220 US 31 South commercial Gilhner Park 4`'' Add
2019 6210 US 31 South commercial Gillmer Park 4~` Add
Page 1 `]{~j! i'~ C~~~' ~ 1 ~.~~t~.
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
39-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA CORRECTING AN OMISSION IN ORDINANCE NO. 9179-00
WHICH ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES
AND ALLOCATED COSTS TO A RECENTLY ANNEXED AREA WITHIN
THE CITY OF SOUTH BEND AND TO AN AREA OUTSIDE THE CITY
LIMITS LOCATED ALONG U.S. 31 SOUTH AND MAIN STREET IN
CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Karl King
Chairman
1400 CAUNTY-CITY BUILDING
SOUTH BEND,INDGWA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE
CITYATTORNEY
Mr. Roland Kelly
President, South Bend Common Council
455 County-City Building
South Bend, IN 46601
Dear Mr. Kelly:
PHONE 574/235-9241
FAx 574/235-9892
TDD 574/ 235-5567
May 17, 2002 ALAD~ M. DERosE
CHIEF ASSISTANT CITYATTORNEY
Attached for first reading by the South Bend Common Council on Tuesday, May 28,
2002 is an Ordinance correcting an omission in Ordinance No. 9179-00 (the water and sewer
main line installation construction charge ordinance applicable to U.S. 31 South -Phase I,
adopted on November 27, 2000).
The original ordinance neglected to include the cap on residential sewer and water main
line installation charges of $2,000 for water line installation only, and $3,000 for sewer line
installation only. These rate caps are included in all other ordinances providing for cost sharing
of municipal utility line extensions. Gary Gilot will present this ordinance formally to the
Council at its June 10 meeting and will be available for any questions the Council members may
have. Thank you for your favorable consideration of this ordinance.
Sincerely,
~~
~ .L'
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
cc: Gary Gilot
THOMAS L. BODNAR CHERYLA. GREENS JOHN E. BRODEN
JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH