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HomeMy WebLinkAboutExtend and provide utility services and to allocate costs to an area in Centre TownshipORDINANCE No. 9179-00 Passed by the Common Council of the City of South Bend, Indiana November 27, 00 Attest: City Clerk Attest: C ~ ~ ~. ~e~l. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 28, 20 00 City Clerk Approved and signed by me Nnvemher 2f3. 20 ~~ 20 Mayor ORDINANCE NO. ' 1' ~ 1 ~ l1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES AND TO ALLOCATE COSTS TO AN AREA RECENTLY ANNEXED WITHIN THE MUNICIPAL CITY LIMITS 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 Recently the City of South Bend annexed within its corporate limits a parcel of real estate containing approximately 196.29 acres of varied land located generally south of the St. Joseph Valley Parkway, along U.S. 31 in Centre Township, St. Joseph County, which annexation is commonly known as the U.S. 31 Annexation Area. At the time of annexation, some of the area was or had been serviced by municipal water and sewer facilities. It is in the best interest of the residents of the U.S. 31 South Annexation Area that City sewer and water services be provided, the furnishment of which will necessarily involve an area of land outside the corporate City limits near the U.S. 31 South Annexation Area, i.e., that land which is within 300 feet of the main line installation servicing the U.S. 31 South Annexation Area. Attached hereto as .Exhibit "C" is a map of the area and parcels of real estate affected generally by this Ordinance. Because the service area encompassed by this Ordinance involves land which was until recently outside the City limits, and it also includes an area that is not and has never been part of the City limits, it is appropriate that the costs to be borne by those owners of property in the area who are subject to this Ordinance be reasonably related to the actual costs incurred by the City in furnishing these services. This is consistent with the City's past practice of assessing all users of City utilities for a portion of the capital costs of the utility main line installations. The actual cost to the City of installing the sewer main line to the affected properties located both in the U.S. 31 Annexation Area and the nearby land outside the City limits is approximately $686,300 as bid by Selge Construction, the lowest bidder of bids received for this sewer by the Board of Public Works. The cost of the herein applicable water line extension portion of the project is roughly $38,000, as bid by the same contractor. The City desires to charge each property owner in the affected area for the water main extension portion of the prof ect a price based on the number of linear feet of main line servicing the property pursuant to the existent, approved water main line extension charges in effect for the Water Department a copy of which is attached as Exhibit "A", and which reflects a rate differential for City and Non-City resident users. The City also proposes to charge each property owner for the sewer main line extension based on a linear per foot charge. which is equal to the average price of two recent sanitary sewer extensions in the city (i.e. Reasor Street and Huey/Hamilton Streets) which is less than the cost of this sewer which is deeper and larger for master plan purposes which should not be borne by these properties alone but by all of the ratepayers. Both the charge for sewer main extension and water main extension chargeable to each property owner within the service area will be in the aggregate less than the actual cost of the sewer and water main construction costs, but will bear a reasonable proportion to the actual cost. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The City by and through is Department of Public Works is hereby authorized and ordered to extend and construct sewer main lines and water main lines to the land and territory within the corporate limits of the City of South Bend which is also known as the U.S. 31 Annexation Area, more particularly described as follows: That part of the following sections: the east one half of Section 35, and the west one half of Section 36, all in Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the intersection of the west right-of--way line of Main Street and the north right-of--way line of Johnson Road; thence south along the west right-of--way line of Main Street to the westright-of--way line of US 31 South; thence south along said west right-of--way line of US 31 South to the north right-of--way line of Kern Road; thence east along the northright-of--way line of Kern Road to the westright-of- way line, extended, of the 15` north-south alley east of US 31 South; thence north along said westright-of--way line of the said north-south alley line to the northright- of-way line of Lucinda Street; thence east along the north right-of--way of Lucinda Street to the west right-of--way line of the ls` north-south alley east of US 31 South; thence north along said west right-of--way line of said north-south alley to the northeast corner of Lot 786 of Gillmer Park 4`'' Addition, recorded February 24, 1942, in Book 15, Page G-1; thence west along the north line of said Lot 786 to the eastright-of--way line of US 31 South; thence north along said eastright-of--way line of US 31 South to the north right-of--way line of Johnson Road; thence west along said north right-of--way line of Johnson Road to the place of beginning. Attached hereto and incorporated herein as Exhibit "B-1" is a specific list of all properties generally within the above-described real estate which are located within the U.S. 31 Annexation Area and are identified by tax key number, property address, and subdivision where existent. Section II. The City by and through its Department of Public Works is hereby authorized and ordered to extend and construct sewer main lines and water main lines to the land and territory outside the corporate limits of the City of South Bend which is necessary and part of the water and sewer main line extensions required by the U.S. 31 South Annexation Area of Section I, that is, those lots and parcels outside the corporate City limits, containing land located within 300 feet ofthe water and sewer main line installations, more particularly described as follows: That part of the following sections: the east one half of Section 35, and the southwest quarter of Section 36, all in Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana; the northeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, more particularly described as follows: Parcel 1 Beginning at the northwest corner of Lot 2 (part) of Johnson Road ls` Subdivision, recorded May 20, 1966 in Book 22, Page J-3 (Tax Key Number 01-1017-0340.40); thence south along the west line, and the west line extended, of said Lot 2 to the south right-of--way line of Johnson Road; thence west along said south right-of--way line of Johnson Road to a point approximately 130' west of the centerline of Ruby Street, said point also being the west line of a parcel identified as Key Number 01- 1017-0356.01; thence south along the west line said parcel to the southwest corner of said parcel; thence east and northeast along the south line of said parcel to the east line of said parcel, said point also being the west line of Lot 1 of Yoder's Unrecorded Subdivision; thence north along said west line of Lot 1 to the northwest corner of said Lot l; thence east along the north line of said Yoder's Unrecorded Subdivision to the northeast corner of Lot 9 of Yoder's Unrecorded Subdivision; thence south along the east line, and the east line extended, of said Lot 9 to the southright-of--way line of Dice Street; thence east along saidright-of--way line of Dice Street to the west right-of--way line of the 1 S` north-south alley west of Main Street; thence south along said west right-of--way line to the south right-of--way line of Pulling Street; thence west along said southright-of--way line ofPulling Street to the westright-of--way line of the 15` alley (vacated) west of Main Street; thence south along said west line and west line extended of the vacated alley to the south right-of--way line of Gillmer Street; thence west along said south right-of--way line of Gillmer Street to a point approximately 295' west of the centerline of said vacated alley, said point also being on the west line of a parcel identified as Key Number 01-1017-0366.10; thence south along said west parcel line approximately 660' to the southwest corner of a parcel identified as Key Number 01-1017-0366.04; thence west along the south line of said parcel approximately 15' to a point of intersection with the west line of a parcel identified as Key Number 01-1017-0366.07; thence south along said west line and west line extended to the south right-of--way line of Kern Road; thence east along said south right-of--way line of Kern Road approximately 145' to the west line of a parcel identified as Key Number 01-1051-1354; thence south along said west line to the southwest corner of said parcel; thence east along the south line of said parcel to the westright-of--way line of US 31 South; thence north along the west line of US 31 South to the west line of Main Street; thence north along the west right-of--way line ofMain Street to the northright-of--way line ofJohnson Road; thence west along said north right-of--way line to a point 60' west of the southwest corner of Lot 24 of Ritter's Dixie Gardens Unrecorded Subdivision, also being the east line of a parcel identified as Key Number 01-1017-0340.01; thence north along the east line of said parcel to the northeast corner of said parcel; thence west along the north line of said parcel and parallel to the north right-of--way line of Johnson Road to the place of beginning. Parcel 2 Beginning at the northeast corner of US 31 South and Detroit Street; thence south along the east right-of--way line of US 31 South to the southwest corner of Lot 592 of Gilmer Park 2°d Subdivision recorded March 16, 1949 in Book 14, Page G-lA; thence east along the south line of said Lot 592 to the southeast corner of said lot also being the west right-of--way line of the ls` north-south alley east of US 31 South; thence southwesterly along the west right-of--way line, and west right-of--way line extended of said alley to the south right-of--way line of Lucinda Street; thence west along said south right-of--way line of Lucinda Street to the westright-of--way line of the ls` north-south alley east of US 31 South; thence southwesterly along the west right-of--way line of said alley, and westright-of--way extended to the south right-of- way line of Kern Road; thence east along said south right-of--way line of Kern Road to the east line, extended, of Lot 780 of Gillmer Park 4`"Addition, recorded February 24, 1942 in Book 15, Page G-1; thence north along said east line and east right-of- way line extended of Lot 780 to the southwest corner of Lot 726 of said Gillmer Park 4`" Subdivision; thence east along the south line of said Lot 726 to the southeast corner of said Lot 726; thence north along the east line of said Lot 726, said line extended and along the east line of lot 722 extended to the south line of Lot 588 of Gillmer Park 2"d Subdivision; thence west along the south line of said Lot 588 to the southeast corner of Lot 589 of said Gillmer Park 2°d Subdivision; thence north along the east line and east line extended of said Lot 588 to the north right-of--way line of Detroit Street; thence west along said north right-of--way line of Detroit Street to the place of beginning. Attached hereto and incorporated herein as Exhibit "B-2" is a specific list of all properties generally within the above-described real estate which are located outside the U.S. 31 South Annexation Area and are identified by tax key number, property address, and subdivision where existent. Section III. The construction of the sewer and water utility extension 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 IV. A portion of the costs of construction of sewer to the affected properties within the City limits asset 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 in 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. Section V. A portion of the costs of construction of sewer to the affected properties outside the City limits. as set forth in Section II of this Ordinance and pursuant to the terms of this Ordinance shall be paid in part •by the owriers of each parcel of'real estate in' the affected'area identified in Section II and set forth more specifically in Exhibit "B-2". Payment shall be made by said property owners to the City of South Bend at the rate of $102.60 per linear foot of real estate owned by each resident within the area identified as Section II of this Ordinance at the rate of $28.50 per front foot for water and $74.10 per front foot for sewer when the property owner connects to the installed sewer and water mains. Payment can be arranged either in 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. These properties are also subject to a Compact Fee over and above the applicable utility rates comprised of a percentage of the difference between the City and County tax rates (municipal service availability fee). Section VI. The City of South Bend shall assume and pay all remaining costs of the construction for the sewer and water mains of the affected areas from the Sewage Works Fund generated from revenues at the operation of the Division of Environmental Services Waste Water Treatment Plant. No additional appropriations nor revenue bonds are necessary for this construction due to the prior appropriation of funds for this utility extension project. Section VII. Each owner or subsequent owner of real property within the area described by Sections I and II 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 and water main extensions under Sections IV and V. Section VIII. Owners of vacant property served by the sewer and water mains under this ordinance shall pay the City in full the maximum capital reimbursement fee per lot for sewer and water upon construction of any improvement requiring sewer or water services upon the vacant land. If the subject 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 IX. 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 X. Any parcel of realty included in Exhibit "B" herein which is connected to municipal sewer or water main lines as of the date of passage of this Ordinance shall be exempt from the provisions of this Ordinance. Section XI. 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. 1 st READING \\"'«^aa ~,,~,~ PLI6LIG HEARING(I-ZZ-40 aZ 3 rd READWGl~-2-~-OD ~S Q'Y"~'"a'` NJT APPROVED REF~F?~ED PASSED \~'t~-0~ dS ~~r~r Filed to ~ie~~'~ ~ffi~~ CITY CLERK, u23. E3'frT~"D, Ira, Member, South Bend Co on Council COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 125-00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES AND TO ALLOCATE COSTS TO AN AREA RECENTLY ANNEXED WITHIN THE MUNICIPAL CITY LIMITS AND TO AN AREA OUTSIDE THE CITY LIMITS, BOTH LOCATED BETWEEN 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 as a 2°d substitute. Andrew Udj ak Chairman N0.001 P.6i6 CITY OF SOU'rII REND, IND=ANA SCHEDULE OF WATER WORKS RATES & CFIARGES ffiAIN ERTEN'SION CONTRACT IIMIT PRICES Blain Size Price Per Foot City Outside City 4 " $16.5 0 x-5-9$ $ ~. 9 . ~ 8 1-6-:-8~ 6 n .19 ~ 6 0~ 3 8~ :-~e9 23.76 2.6 :~ $ " - 22.10 ~3-: 6th 2 7.72 ggr.-8'g 10 " ~ ~ . 4 0 24': Q8 31.6 $ ~•:-6$ 12 ~~ ~29 .'7Q. ~$$ ~ 5.64 3-} ;-~fr 16" 3 £ . 3 0~ 3~': -O{~ 4 3.5 6 3.6-: 8•~ LIMB ST088ING Line Size Single Stop Double Stop 4 ~~ - $1,095.00 $2,190.00 6" 1,205.00 2,410.00 6 ~~ 1, 465.00 2,930.00 10~ 1,895.00 3,790.00 12" 2,025.00 4,050.00 EXHIBIT A ~i~~d [n ~~~ ~~~'~ Qf~~C~ ~~~~, ~~~ ~ ~~~C~ r - 5 ~lTYc. - • _. 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 O1-1017- 0340.17 5617 US 31 South house Dixie Gardens Ritter's (Unrecorded) 0340.18 5613 US 31 South commercial Dixie Gardens Ritter's (Unrecorded) 0340.23 5614 Main St. South house Dixie Gardens Ritter's (Unrecorded) 0340.24 5606 US 31 South commercial Dixie Gardens Ritter's (Unrecorded) 0340.29 5601 US 31 South commercial Dixie Gardens Ritter's (Unrecorded) 0340.33 5605 US 31 South commercial Dixie Gardens Ritter's (Unrecorded) 0340.36 5618 Main St. South house Dixie Gardens Ritter's (Unrecorded) 0340.38 5618 Main St South house Dixie Gardens Ritter's (Unrecorded) 0340.45 5602 Main St South commercial Dixie Gardens Ritter's (Unrecorded) 01-1018- 0376 5625 US 31 South vacant Dixie Gardens Ritter'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 Ritter'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) 01-1041- 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 Gillmer'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 Gillmer's South Michigan Street Addition 1091 5806 Main St. South vacant Gillmer's South Michigan Street Addition 1096 5811 US 31 South commercial Gillmer'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 Gillmer Park 4"' Add 2019 6210 US 31 South commercial Gillmer Park 4`'' Add Page 1 Exhibit "B - 2" Properties within 300' and adjacent to the Phase One Utility Extension -Bill No. 125-00 Tax Key Address Use Subdivision 01-1017- 0340.01 20125 Johnson Rd. house Ritter's Dixie Gardens Sub. (unrecorded) 0340.03 20275 Johnson Rd. house Ritter's Dixie Gardens Sub. (unrecorded) 0340.06 20116 Ritter St. vacant 0340.13 20061 Dice St. vacant 0340.39 20305 Johnson Rd. house Johnson Road Subdivision 0340.40 20321 Johnson Rd. house Johnson Road Subdivision 0340.47 20282 Johnson Rd. house Bradberry's Minor Subdivision 0356.01 20306 Johnson Rd. house 0364.01 Main St. commercial Yoder's Sub. (unrecorded) 0364.04 20081 Dice St. house Yoder's Sub. (unrecorded) 0364.05 20061 Dice St. house Yoder's Sub. (unrecorded) 0366 S. Main St. vacant 0366.05 60845 Main St. house 0366.07 S. Main St. vacant 0366.09 60865 S. Main St. house 0366.10 Gillmer St. vacant 0366.11 60715 S. Main St. house 0366.13 60695 Main St. house 0368 60971 US 31 South commercial 0369 60981 US 31 South commercial 0369.01 20247 Kern Rd. house 01-1041- 1043 20021 Gillmer St. house Gillmer's South Michigan Street Add 1045 60645 S. Main St. house Gillmer's South Michigan Street Add 1048 60631 S. Main St. house Gillmer's South Michigan Street Add 01-1042- 1082 60615 S. Main St. house Gillmer's South Michigan Street Add 1084 60601 S. Main St. vacant Gillmer's South Michigan Street Add lOff5.01 60593 S. Main St. house Gillmer's South Michigan Street Add 1088.01 w/1085.01 vacant Gilhner's South Michigan Street Add 01-1051- 1354 61045 US 31 South commercial 01-1063- 1925 19946 Detroit St. House Gillmer Park 2"d Subdivision 1926 60958 US 31 South vacant Gillmer Park 2"d Subdivision 1927 w/1926 vacant Gillmer Park 2"d Subdivision 1928 w/1926 vacant Gillmer Park 2"d Subdivision 01-1065- 1982 19927 Lucinda St. house Gillmer Park 4`h Addition 1983 19941 Lucinda St. house Gillmer Park 4`h Addition 1984 19971 Kern Rd. vacant Gilmer Park 4"' Addition 1985 19940 Lucinda St. house Gihner Park 4`h Addition 1986 19926 Lucinda St. house Gilmer Park 4`h Addition 2014 19951 Kern Rd. house Gilmer Park 4"' Addition 2015 19971 Kern Rd. 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