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HomeMy WebLinkAboutExtend and provide Utility services to Portage township area known as a portion of Jackson SubdivisionORDINANCE No. Passed by the Com»ton Coctncil of the City of South Bend, Indiana October 23, 00 20 Attest: Attest: Presented by me to tl:e Mayor of the Ciry of South Bend, Indiana October 24. 20 00 City Clerk President of Common Council City Clerk Approved a~td signed by me October 25, 20 00 Mrrym ORDINANCE NO. ~ ~ S ~O AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS IN PORTAGE TOWNSHIP KNOWN AS A PORTION OF THE JACKSON SUBDIVISION,. BORDERING ON HUEY STREET, AND ON HAMILTON STREET,'IN SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Presently, certain isolated portions of the City of South Bend do not have City water and/or sewer services due to lack of availability of sewer and/or water lines. This includes a segment of Huey Street encompassing fourteen (14) separate parcels of real estate (approximately nine (9) households), and a segment ofHamilton Street encompassing two separate parcels ofreal estate (one (1) household. When sewer and water services were provided to other City dwellers in the past, the benefitted property owners assumed a significant portion of the costs of the necessary construction through Barrett law assessments which have since been paid off, or by payment in a lump sum at the time vacant real estate was developed. The City now desires to extend utility service lines to an affected area in the Jackson Subdivision (unrecorded) consisting of a tract of land on Huey Street, specifically Lots 81, 82, 83, the North half of 84, the South half of 84, 85, 86, the East half of 89, the East half of 90, 91, 92, the Southeast half of 93, the Northeast half of 93, and 94; and also including a tract of land on Hamilton Street, specifically a portion of Lot 56, Jackson Subdivision. The City further 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 cost of installing the sewer main to the affected properties located on Hamilton Street, Huey Street, and Bergan Street in South Bend, Indiana is around $208,850 as estimated by, the engineer selected by the Board of Public Works for the sewer extension portion of the project whose plans and specifications were approved by the Board of Public Works, and the cost of the water line extension portion of the prof ect is roughly $29,325. However, the water extension is the completion of a prior project for which the residents have already paid. The City desires to charge each property owner in the affected area the sum of $3,000 for each such owner's share of the sewer line extension, which cost is roughly equivalent to the current cost of installing a private septic system (excluding service line connection costs), and the City will assume and pay the balance of the construction costs for sewer and water extension. All of the owners of the affected real estate have been notified generally and informally 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 of South Bend by and though its Department of Public Works is hereby authorized and ordered to extend and construct sewer main lines and water main lines to the following areas within the corporate limits of the City of South Bend: A part of a parcel of land in the West %Z of the Northeast 1/4 of Section 34, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as: Jackson Subdivision Key Numbers Lot Numbers Street Address 18-2113-4137 81 2022 Huey 18-2113-4139 82 2010 Huey 18-2113-4141 83 *Huey (vacant) 18-2113-4143 84 (southern 66') 1940 Huey 18-2113-4143.01 84 (northern 66') 1946 Huey 18-2113-4144 85 *Huey (vacant) 18-2113-4146 86 *Huey (vacant) 18-2112-4106 94 *Huey (vacant) 18-2112-4108.01 93 (eastern 138.5 ;northern 60') 2003 Huey 18-2112-4108.02 93 (eastern 138.5 ;southern 72') 2001 Huey 18-2112-4110 92 1957 Huey 18-2112-4112 91 1943 Huey 18-2112-4114 90 (eastern 152.75') 1929 Huey 18-2112-4119 89 (eastern 152.75') *Huey 18-2113-4155 56 (eastern 150' of the eastern 200') *Hamilton(vacant) 18-2113-4156 56 (western 50' of the eastern 100.5') 2005 Hamilton SECTION II. 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. * Because these are vacant lots, addresses have not yet been assigned. Upon any building construction, addresses will be designated, with a listing of such addresses being filed by the Department of Public Works with the City Clerk. SECTION III. A portion of the costs of construction of sewer to the affected properties under the terms of this Ordinance shall be paid in part by the owners of each parcel of real estate in the affected area which parcels are identified by Key number in Section I of this Ordinance. Payment shall be made by said property owners to the City of South Bend through either a personal contract with the City of South Bend under the general authority of IC 36-9-22-2 providing for repayment to the City of $3,000 for sewer, or if such a contract with the City is not executed by June 1, 2001, then each owner or subsequent owner of property located in the area described by Section I of this Ordinance shall be surcharged and the City shall collect as part of its monthly water statement the sum of $50.00 per month for this sewer extension prof ect ($600.00 per year) for a total period of sixty (60) months beginning from the date the property owner connects to the installed sewer main. SECTION IV. The City of South Bend shall assume and pay all remaining costs of the construction costs for the sewer and water mains of the affected Huey and Hamilton Street areas from the Sewage Works Fund generated from revenues at the operation of the Division of Environmental Services Wastewater Treatment Plant. No additional appropriations nor revenue bonds are necessary for this construction due to the moderate costs of this improvement project. SECTION V. Each owner or subsequent owner of real property within the area described by Section 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 extension under Section III herein. SECTION VI. Owners of vacant real property located within the area described by Section I shall pay the City in full the maximum reimbursement fee of $3,000 per lot for sewer upon construction of any improvement requiring sewer service upon the vacant land, and the option for installment payments shall not be available to such an owner. 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 Commo Council 1 st READING 1 D ~~' ~ ~ PUBLIC HEARINC~~ ~ O _L3 ~oa a S ~~•~ 3rd READING ~~ ~'L;,p~ 0.1 f-}~ln,nn.~.cd NOT APPROVED REFERRED PASSED \p _t_3-p~ 0.S dL~^annc~2.~ Filed 4n ~ieri,'s Offif;~ ~~~ 2 is 2~~(1 LOfirTrd~ J. Dt1D1, CiIYCLERr:, r0. D°_i~'D, iti. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 92-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS IN PORTAGE TOWNSHIP KNOWN AS A PORTION OF THE JACKSON SUBDIVISION BORDERING ON HUEY STREET, AND ON HAMILTON STREET, IN SOUTH BEND, 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 amended. Andrew Udj ak Chairman