HomeMy WebLinkAboutExtend and Provide sewer services to an area within then miles outside the city limits, known as a portion of Poppy RoadORDINANCE No.
Passed by tl~e Common Council of the Ciry of Soutlt Bend, Indiana
June 25,
Attest:
Attest:
20
01
Presented by me to the Mayor of the City of Soutlt Bend, Indiana
.limp 7f, 20 01
Ciry Clerk
President of Common Council
City Clerk
Approved and signed by me June 27 20 01
Mayor
ORDINANCE NO. 1 2 3 ~- ~'
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA WITHIN
TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN AS A PORTION OF
POPPY ROAD, IN WARREN TOWNSHIP ST. JOSEPH COUNTY, INDIANA
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Department ofPublic Works, under the authority ofI.C. 36-9-23-36
has the power to extend its sewer service system to an area within ten (10) miles outside the City of
South Bend municipal limits. It is in the best interest of the City that sewer main lines be extended
to an area outside the City limits located on Poppy Road between U.S. 20 and old Cleveland Road
in Warren Township, St. Joseph County, Indiana due in part to its proximity to previously annexed
property, i.e., BW Business Park. Construction of the sewer main line will be in the publicright-of-
way on Poppy Road and will affect property within 1/4 mile east and west of the sewer extension
area.
The area affected by the extension of sewer main lines encompasses approximately 25 tracts
of land owned by 23 persons. Maps of the sewer extension project area are attached hereto as
Exhibits "Al-4." The City is empowered and desires to provide for the cost and method of paying
for such utility extension construction pursuant to the City's general authority under I.C. 36-9-23-1
et seq. and specifically I.C. 36-9-23-10.
The total cost of installing the sewer main line within the affected properties on Poppy Road,
Warren Township, St. Joseph County, Indiana is $720,000 per lowest bid received by the Board of
Public Works for the sewer extension project.
The City desires to charge each property owner in the affected area a portion of the cost of
construction upon their connection to the sewer main line. The cost to each owner of single family
dwelling property will be a linear foot charge of $117.00 per linear foot of property up to a
maximum fee of $3,000 per residence. This is consistent with the City's past practice. This $3,000
cost cap shall not apply to residential owners who subdivide their realty. Under these circumstances,
the linear foot rate shall apply without limitation as a reflection of the true construction cost share.
All of the owners of the affected real estate have been notified by certified mail to their last known
address of the City's intent, cost estimates and of the owners' expected cost sharing.
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 to an area outside the corporate limits of the City
of South Bend which is located less than ten (10) miles outside the corporate limits, specifically, an
area within the publicright-of--way on Poppy Road between Cleveland Road and U.S. Highway 20.
Attached hereto and incorporated herein as Exhibit "B" is a list of all properties affected by the sewer
main construction, which properties are identified by tax key number, property address where
available, and subdivision where existent.
Section II. The construction of the sewer extension lines for the affected utility area shall
be in accordance with the plans, specifications, and general cost estimates of the engineering firm
selected and approved by the South Bend Department of Public Works, which are on file with the
Board of Public Works for public review and inspection.
Section III. A portion of the costs of construction of sewer main line to the affected area
identified in Section I of this Ordinance shall be paid in part by the owners of each parcel of land
identified in Exhibit "B". Owners of single family dwelling property who are benefitted by the
sewer extension area and who tap into the extension will be assessed a fee as a share of the
construction costs based on a linear foot charge of $117.00 per linear foot up to a maximum fee of
$3,000 per residence. Payment shall be made through either a personal contract with the City of
South Bend under the general authority of I.C. 36-9-22-2 or if such a contract is not executed by
December 31, 2001, then each owner or subsequent owner of property in Exhibit "B" shall be
assessed a monthly rate based on the linear foot charge not to exceed $50.00 per month ($600.00
per year) for a single family dwelling until the assessment is paid in full. The $3,000 cost cap shall
not apply to residential owners who subdivide their realty. Under these circumstances the linear foot
rate shall apply without limitation as a reflection of the true construction cost share.
If the owner's property is outside the City of South Bend corporate limits at the time of
connection, City Compact Fees shall apply which for sewer service is 30% of the difference between
the County and City tax rate. If the properly owner connects to both sewer and water, the City
Compact Fee shall be 50% of the difference between the County and City property tax rate.
Furthermore, as a condition of hook-up to sewer mains, owners of parcels of land outside City limits
shall execute a waiver of right to remonstrate against annexation.
Section N. The City of South Bend, having entered into a cost sharing arrangement with
developers of property in the affected area, has sufficient funds to pay its share of the cost of
construction of the sewer main line in the affected area and no additional appropriations, nor revenue
bonds are necessary for this construction.
Section V. Each owner or subsequent owner of real property within the area described by
Sections I of this ordinance shall fully assume and pay all costs necessary to run a service line from
the sewer main to the owner's home as well as any sewer tap fees otherwise applicable generally,
and each subsequent owner shall further pay in a lump sum at the time of sale any balance remaining
on the previous owner's obligation for sewer main extensions under Section III.
Section VI. Owners of vacant property served by the sewer main under this ordinance shall
pay the City in full the maximum applicable capital reimbursement fee per lot for sewer upon
construction of any improvement requiring sewer service upon the vacant land. If the subj ect parcel
is in the City or annexed to the City, then City rates shall apply. If the subject parcel is outside the
City limits, then the non-City rates shall apply.
Section VII. The City's Board of Public Works shall have the general authority to do all
things necessary and proper to effectuate the purpose and intent of this Ordinance.
Section VIII. This Ordinance shall be in full force and effect from and after the date of its
passage by the Common Council, approval by the Mayor and legal publication as required by law.
~~' ~ ` .~
Member, South Bend Co n ouncil
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NOT APPROVED
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EXHIBIT "B"
Properties Affected by the Poppy Road Sewer Extension
Tax Key Address Subdivision
21-1037-0592.08 Not Ascertained * Pin Oak Estates Sec. 7, Lot 5
21-1037-0593.02 53135 Poppy Road Pin Oak Estates Sec. 2, Lot 2
21-1037-0593.05 53015 Poppy Road Pin Oak Estates Sec. 3, Lot 5
21-1037-0593.06 53021 Poppy Road Pin Oak Estates Sec. 3, Lot 6
21-1037-0593.07 53093 Poppy Road Pin Oak Estates Sec. 3, Lot 7
21-1037-0593.08 53163 Poppy Road Pin Oak Estates Sec. 3, Lot 8
21-1037-0593.09 Not Ascertained * Pin Oak Estates Sec. 3, Lot 9
21-1037-0596 53473 Poppy Road
21-1037-0596.01 53525 Poppy Road
21-1037-0596.02 Not Ascertained
21-1037-0597.01 53500 Poppy Road
21-1037-0608.01 53555 Poppy Road
21-1037-0610 Not Ascertained
21-1037-0610.01 53550 Poppy Road
21-1152-5889 53020 Poppy Road Adamo Acres Lot 3
21-1152-5890 53020 Poppy Road Adamo Acres Lot 4
21-1152-5891 Not Ascertained * Adamo Acres Lot 5
21-1152-5892 Not Ascertained * Adamo Acres Lot 6
* These properties are believed to be vacant, unimproved land.
Tax Key Address Subdivision
21-1152-5893 53100 Poppy Road Adamo Acres Lot 7
21-1152-5894 Not Ascertained * Adamo Acres Lot 8
21-1152-5895 53140 Poppy Road Adamo Acres Lot 9
21-1152-5896 Not Ascertained * Adamo Acres Lot 10
21-1152-5897 53180 Poppy Road Adamo Acres Lot 11
21-1152-5898 Not Ascertained * Adamo Acres Lot 12
21-1152-5900 53240 Poppy Road Adamo Acres Lot 14
* These properties are believed to be vacant, unimproved land.
Filed !11 GIeCI-z"~ ~no~~
J+a~~*': ~ ? 700
~~ YY~i~'M W~~ ~eaf'i- i!~ F9 ~.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
52-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA
WITHIN TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN
AS A PORTION OF POPPY ROAD, IN WARREN 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 as substituted.
Andrew Udj ak
Chairman
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
Crrl' OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT~ P.E.
DIRECTOR OF PUBLIC WORKS
June 6, 2001
Ms. Charlotte Pfeifer, President
South Bend Common Council
227 West Jefferson Boulevard Room 400
South Bend, Indiana 46601
RE: Ordinance for Provision of Sanitary Sewer Service
Dear Ms. Pfeifer:
I respectfully request the Council's favorable consideration of the attached ordinance entitled
"An Ordinance Of The Common Council Of The City of South Bend, Indiana, To Extend And
Provide Sewer Services To An Area Within Ten Miles Outside The Municipal CityLimits In Warren
Township, Known As A Portion Of Poppy Road, St. Joseph County, Indiana." The City desires to
construct a sanitary sewer on Poppy Road in Warren Township to fulfill an agreement to provide
sewer service to the BW Business Park and subsequently an agreement with Miller Builders and
Cleland Builders for sewer service to adj acent residential subdivisions that they are developing. This
ordinance would set the terms of reimbursement from future sewer users along the path of the
proposed Poppy Road Sewer.
Gary Gilot and/or I will attend the committee hearing on this matter when scheduled.
Sincerely,
r~~ `~~I
Carl P. Littrell, P.E.
City Engineer
CPLajh
c: Gary Gilot, PE, Director of Public Works
Aladean DeRose, Assistant City Attorney
ENGINEERING ENVDIONMENTAL SERVICES CENTRAL SERVICES
CARL LrrrRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI
219/235-9251 219/277-8515 219/235-9316
Fax 219/235-9171 FAx 219/277-8980 FAx 219/235-9007
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cart c«ta~, s®. ~~t~n, ~r~,
'STREETS
SAM HENSLEY
219/235-9244
FAx 219/235-9272
WATER WORKS
JOHN F. $TANCATI
219/235-9322
FAx 219!235-9728