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HomeMy WebLinkAboutExtend and Improve Utility Service and to allocate costs to a recently annexed area along US 31 S of Kern - Phase IIORDINANCE No. 9212-01 Passed by the Common Council of the Ciry of South Bend, Indiana April 9, Attest: Attest: 20 01 Presented by me to the Mayor of the Ciry of South Bend, Indiana ARLO, 20 01 Ciry Clerk President of Common Council City Clerk Approved and signed by me APR TT. 1 1 ~ 20 _DL- -~~~-~- ~~~- - - Mayar ORDINANCE NO. ~ 2 ~ 2- - ©, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND IMPROVE UTILITY SERVICE AND TO ALLOCATE COSTS TO A RECENTLY ANNEXED AREA WITHIN THE MUNICIPAL CITY LIMITS AND ALSO TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH OF KERN ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PHASE II) STATEMENT OF PURPOSE AND INTENT On or around November 27, 2000 the South Bend Common Council passed an Ordinance(# 9179-00) to provide and extend utility services to a portion of a newly annexed territory within the City of South Bend located along U.S. 31, south of Kern Road in Centre Township, St. Joseph County, Indiana. It is now necessary to continue with the extension of water main and sewer main lines to an area directly south of the land serviced by Ordinance # 9179-00 which service area is also both within and outside the U.S. 31 South Annexation Area. Attached hereto and incorporated herein as Exhibit "A" is a map of the area and parcels of real estate affected generally by this Ordinance. The same purposes which were served by the City of South Bend's enactment of Ordinance # 9179-00 are applicable here. Essentially, it is in the best interests of the residents and commercial enterprises located in the U.S. 31 Annexation Area that they have the benefit of City water and sewer service. It is also appropriate that they bear a portion of the costs for installation of water and sewer main lines consistent with the charges assessed against similarly situated property owners in the past. The total actual cost to the City of installing the sewer main line to those affected properties located both in the U.S. 31 Annexation Area and in the nearby land outside the City limits is approximately $305,798 as bid by H.R.P. 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 $160,900 as bid by the same contractor. The City proposes to charge each property owner within City limits for the water line main extension a rate based on a linear foot charge of $23.75 per linear foot, which is approximately the same charge assessed on a recent water extension within the City (i.e. Reasor Street). As for the affected area outside City limits, a 20% surcharge applies. However, the surcharge is applied to the rate for City residents ($23.75 per linear foot), not on the City's actual square foot cost ($31.96). Thus, non City residents will pay $28.50 per linear foot (120% of $23.75) not $38.35 per linear foot (120% of actual cost $31.96). The City also proposes to charge each property owner for the sewer line extension a rate based on a square foot (not linear foot) basis due to variations on developable lot depth and acreage so as to prevent shallower land parcels from being charged disproportionately. The actual cost to the City for sewer main extension on a linear foot basis is $56.50 which is less than the linear cost for Reasor Street of $61.75 per linear foot. The City will use the $56.50 per linear foot base cost ($305,798 total) and convert it to a square foot cost. The acreage served is 142.54 acres or 6,209,042 square feet, for a sewer assessment rate of $0.05 per square foot. The total for any City resident for sewer main extension shall not exceed $3,000 which is the maximum charge imposed by the City on resident owners for sewer extension in the past year. The sewer extension rate for property outside the City will be 120% the City rate or $0.06 per square foot (i.e. $0.05 x 1.20) and is not subject to a maximum cost cap. Owners of parcels of land outside the City who choose to tap into the proposed water and sewer main lines provided by the City, as a condition of such use, will be required to execute a waiver of right to remonstrate against annexation and will pay a compact fee consisting of 50 % of the difference between the City and County tax rates if they use both sewer and water, or 30% of the difference between the City and County tax rates if only one utility is used. 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 and water main lines to recently annexed land and territory within the corporate limits of the City of South Bend, generally located along U.S. 31, south of Kern Road, more particularly described as follows: That part of the following sections: the northeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana; the southeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southwest corner of Lot 132 of the Whitcomb & Kelley's Southmoor Addition, also being the east right-of--way line of US 31 South; thence south along the eastright-of--way line of US 31 South to the north west corner of Lot 2 of the Landon-Zimmer Minor Subdivision; thence continuing south along the east right-of--way line of US 31 South, and also being the corporate boundary of the City of South Bend to the south line of the corporate boundary of the City of South Bend, extended west; thence west along the south line of the corporate boundary of the City of South Bend, also being the north line of a parcel identified as Tax Key Number O1-1002-0037.01 to the west line of said parcel; thence south along the west line of said parcel, and also being the corporate boundary of the City of South Bend to the north west corner of Lot 39 of Weller Heights Addition; thence west along the north line of said Weller Heights Addition to a point approximately 10 feet west of the northwest corner of Lot 58 of Weller Heights Addition, and also being the west line of the corporate boundary of the City of South Bend and the west line of a parcel identified as Tax Key Number 23-1002-0022.02; thence north along the west line of said parcel, and also being the west line of the corporate boundary of the City of South Bend to the southwest corner of a parcel identified as Tax Key Number 01- 1002-0028.02; thence east along the south line of said parcel, and also being the corporate boundary of the City of South Bend to the southwest corner of Lot 1 of the Landon-Zimmer Minor Subdivision; thence north along the west line of said Lot 1 to the northwest corner of said Lot l; thence east along the north line of said Lot 1 to the northeast corner of said Lot 1; thence south and east along the east and north line of said Lot 1 to the west right-of--way line of US 31 South; thence north along the west right-of--way of US 31 South to the south right-of--way line of Kern Road; thence east along the south right-of--way line of Kern Road to the east right-of--way line of US 31 South; thence south along the eastright-of--way line of US 31 South to the point of beginning. Attached hereto and incorporated herein as Exhibit "B-1" is a specific list of all properties within the above-described real estate which are located within the U.S. 31 Annexation Area and which are subject to this Phase II Ordinance, 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 temtory outside the corporate limits of the City of South Bend which is necessary and part of the water and sewer main line extensions required under Section I of this Ordinance, which area outside the City limits, generally located along U.S. 31, south of Kern Road, is more particularly described as follows: That part of the following sections: the northeast quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana; the southeast 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 a point on the west right-of--way line of US 31 South 308.7 feet south of the Center line of Kern Road, said point being the northeast corner of a parcel identified as Tax Key Number 01-1051-1355; thence west along the north line of said parcel approximately 503.75 feet to the northwest corner of said parcel; thence south along the west line of said parcel approximately 100 feet to the southwest corner of said parcel; thence west along the north line of a parcel identified as Tax Key Number 01-1051-1356 to the northwest corner of said parcel, also being the east line of the R.D. Minor Subdivision; thence south along the east line of said R.D. Minor Subdivision to the southeast corner of said subdivision; thence west along the south line of said subdivision to the southwest corner of said subdivision; thence south along the east line of a parcel identified as Tax Key Number 01-1002-0028.02 approximately 841.78 feet to the north line of the Landon-Zimmer Minor Subdivision; thence east, south, and east along the north line of said Landon-Zimmer Minor Subdivision to the westright-of--way line of US 31 South; thence north along the west right-of--way line of US 31 South to the place of beginning. Parcel 2 Beginning at the northwest corner of Lot 2 of the Landon-Zimmer Minor Subdivision, also being the eastright-of--way line of US 31 South; thence east along the north line of said Landon-Zimmer Minor Subdivision to the north east corner of said subdivision; thence continuing east along the north line of a parcel identified as Tax Key Number 01-1002-0028 approximately 620 feet to the north east corner of said parcel; thence south along the east line of said parcel approximately 679 feet to the southeast corner of said parcel; thence south along the east line of a parcel identified as Tax Key Number 01-1002-0036 approximately 1,335 feet to the southeast corner of said parcel; thence west along the south line of said parcel approximately 473.8 feet to the southeast corner of a parcel identified as Tax Key Number 01-1002-0036.01; thence north along the east line of said parcel, 113.5 feet to the northeast corner of said parcel; thence west along the north line of said parcel, 755.85 feet to the eastright-of--way line of the US 31 South; thence north along said east right-of--way line of US 31 South to the point 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 which are included within the Phase II Ordinance identified by tax key number, property address, and subdivision where existent. Section III. The construction of the sewer and water main line 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 cost of construction of sewer and water main lines 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 within City limits 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 when the property owner connects to the installed sewer and/or water mains, at the rate of $23.75 per linear foot for water service and at the rate of $0.05 per square foot for sewer service, subj ect to a maximum water cost of $2,000.00 per parcel and a maximum sewer cost cap per parcel of $3,000.00 for a residential single family dwelling. Payment can be arranged either in a lump sum with 10% discount for early payment or a time payment plan for 60 months without interest through an additional charge on the resident's water bill. Section V. A portion of the cost of construction of sewer and water main lines 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 owners of each parcel of real estate in the affected areas 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 when the property owner connects to the installed sewer and/or water mains, at the water service rate of $28.50 per linear foot of real estate owned by each property owner within the area identified in Section II of this Ordinance, and at the sewer service rate of $0.06 per square foot of real estate owned by each property owner within the area identified in Section II of this Ordinance. Payment can be arranged either in a lump sum with 10% discount for early payment or a time payment plan for 60 months without interest through an additional charge on the resident's water bill. These properties are also subj ect to a compact fee over and above the applicable utility rates comprised of a difference between the South Bend City and St. Joseph County tax rates, which specific compact fee rate will vary depending on whether the property owner hooks up to one utility or both sewer and water main lines. Furthermore, as a condition ofhook-up to sewer or water mains, owners ofparcels outside the City limits shall execute a waiver of right to remonstrate against annexation. Section VI. The City of South Bend shall assume and pay all remaining costs of the construction within the affected area for the water mains out of the Water Utility Extension Fund and for the sewer main lines from the Sewage Works Extension 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. ~~ Member, South Bend Common ouncil 1 st READiPvG ~~~O~O, PUBLIC HEARWG ~-°~"~l °~S A`N'G'~'~`~~ 3 rd READING l~_C~_ 0\ LLS ~~~` ~+ NOT APPROVED REFERRED PASSED ~-G~-p\ (!, S 0.1r^cm~c~ t"lted in C1~rk's efface ....~~ f~P~ 1 ~ X001 LORSTTA J. DIi~A CdiYCI.&RX, L'A. QEE~~ tT~. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND IMPROVE UTILITY SERVICE AND TO ALLOCATE COSTS TO A RECENTLY ANNEXED AREA WITHIN THE MUNICIPAL CITY LIMITS AND ALSO TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH OF KERN ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PHASE II) 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. Andrew Udj ak Chairman EXHIBIT "Q" Filed In Cierit's Office LORETTA J. Dl1DA CITY CLERIC, 80. ©EFID~ 1AI. BILL # z8-O1 (~ ~ ^UTSIDE 1 V INSIDE CITY LIMITS ~ ^ - `"~.°~ 0 500 1000 ...~. C~ophic Stole Exhibit "B -1" Properties within the City Limits Subject to Phase Two Utility Extension -Bill No. Tax Key Address Use Subdivision 23-1002- 0022 6991 US 31 South 2 houses 0022.01 6991 US 31 South farm 0022.02 6991 US 31 South farm 0028.01 6751 US 31 South house Landon-Zimmer Minor Subdivision 0028.03 6837 US 31 South vacant 0028.04 6925 US 31 South vacant 0028.05 6797 US 31 South vacant 0032.11 6420 US 31 South house 0037.02 72 US 31 South house 0037.03 7151 US 31 South commercial 0037.04 7351 US 31 South vacant F1~121~ jli ~~@C~t~~ ~~aiCl~ ~'~?~` ~ 200 LORETT~ J. DUDA C7'PYCLE~, ~. BEND, 9?~ Exhibit "B - 2" Properties within 300' and adjacent to the Phase Two Utility Extension -Bill No. 000-O1 Tax Kev Address Use Subdivision 01-1001- 0013.01 61430 US 31 South house Landon-Zimmer Minor Subdivision 01-1002- 0028 61401 US 31 South vacant (cemetery) 0035.01 US 31 South house 0036 61550 US 31 South house/farm 01-1051- 1355 61087 US 31 South house 1356 61099 US 31 South house 1357 61121 US 31 South house , 1358 61135 US 31 South house 1359 61151 US 31 South house 1360 61203 US 31 South house 1360.01 61191 US 31 South house 1362 61241 US 31 South house 1364 61241 US 31 South house 1365 61259 US 31 South house 1366 61271 US 31 South house 1367 61281 US 31 South house 1368 61313 US 31 South house ~ifes~ 61~ CI~I'tt'~ ~f~a~~ 1369 61331 US 31 South house F a~i€`~~ ~ ~0~+~~ r 1370 61341 US 31 South house ~q~. LOR?7TA J. WDD£ Omar & Cynthia Oudghiri Robert & Marlene Stevens Ralph & Judith A Jernigan 61087 US 31 South 61099 US 31 South 61121 U S 31 S South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 William & Barbara Summers John P & Ruth S Banaszak Charles J & Debra B Nyers 61135 US31S 61151 US31S 61203 US31S South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 Charles J & Debra B Nyers Russell J Pletcher William & Phyllis Shelly 61191 US31S 61241 US31S 61249 US31S South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 Victor R & Lena K Neese Douglas J & Lauren S Mast Kevin Breen & Ronald White 61259 US31S 61271 US31S 61281US31S South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 Bert D Botos Paul A & Rose Totten Paul A & Rose Totten 61313 US31S 61341US31S 61341 US31S South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 Robert & Mary Lou Krusinski Gregory & Emilia Ettl Duane & Virginia Zeiger 21384 U S 31 S 19105 Strawberry Hill Rd 610 Chestnut Lane South Bend, IN 46614 South Bend, IN 46614 Englewood, Florida 34223 Southlawn Cemetery Asso Southlawn Cemetery Assoc. Larry & Sandra Zeiger 61430 Us 31 South P.O. Box 2532 61550 US 31 South South Bend, IN 46614 South Bend, IN 46680 South Bend, IN. 46614 14U0 COUN'CY-GTY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHFN J. LuECxE, MAYOR DEPARTMENT OF LAW PHONE 219/ 235-9241 Fax 219/235-9892 TDD 219/ 235-5567 CHARLES $. LEONE ALADEAN M. DEROSE CrrtATTORNEY March 21, 2001 CHIEFASSISTANTCITYATTORNEY Honorable Charlotte Pfeifer President, South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 Dear Ms. Pfeifer: Attached for consideration by the Common Council of the City of South Bend is an Ordinance approving the extension of sewer and water main lines to an area south of Kern Road in the U.S. 31 Annexation Area, and also providing for the allocation and recovery of costs for this utility extension. The project necessitates inclusion of a portion of land not within the U.S. 31 annexation area, and outside City limits. On November 27, 2001, the Common Council passed an Ordinance initiating sewer and water main line extensions to the U.S. 31 Annexation Area. The Ordinance we now submit is an extension of the original project i.e., Phase II. As you know, the City has an obligation to furnish to newly annexed territory water and sewer services similar to those provided within other parts of the City. This Phase II Ordinance is intended to achieve that purpose. Board of Works Director, Gary Gilot, and Community Development Specialist, Larry Magliozzi, will be available to answer any questions the Common Council may have concerning this Ordinance and to make the presentation of this Ordinance to the Council. Sincerely, ,- ~~ ladean M. DeRose Chief Assistant City Attorney AMD/cw Flied i~ Cieri~'s ~~~(ee finis ~ ~ f~~~ n~TVLOIYII:TTA J. DibD~~ THOMas L. BODNAR JEFFREY M. JANKOWSKI CHERYLA. GREENS ROBERT C. ROSENFELD FRANK E. SCHAFFER ANN-CAROL NASH