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HomeMy WebLinkAboutExtend and Provide Utility Services to area within city known as Lots 11 through 23 of Hartman Terrace SubdivisionORDINANCE No. s,~a~~ Passed by the Common Council of the City of South Bend, Indiana May 8, 00 20 - Attest: Attest: Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Ma,~r 10. 20 00 Ciry Clerk Approved and signed by me rlav 10, 20 00 Mayor ORDINANCE NO. ~ ~ O R' ~~ 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 KNOWN AS LOTS 11 THROUGH 23 OF HARTMAN TERRACE SUBDIVISION, LOCATED ON REASOR STREET, CENTRE TOWNSHIP, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Presently, certain isolated portions of the City of South Bend do not have City water and sewer services due to lack of availability of sewer and/or water lines. This includes a segment of Reason Street encompassing twelve (12) separate parcels of real estate (approximately Eight (8) households). 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 tract of land on Reason Street including lots 11 through 23 of Hartman Terrace Subdivision, and 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 City has generally estimated the cost of installing the sewer main to the affected Reasor Street area to be about $105,000 as estimated by Ken Herceg & Associates, the engineer selected by the Board of Public Works for the sewer extension portion of this project whose plans and specifications were approved by the Board of Public Works, and the City has further estimated the cost of the water line extension portion of the project to be roughly $45,500 as estimated by the Water Works Division of the Department of Public Works which will perform the necessary construction. The City desires to charge each property owner in the affected area the sum of $2,000 as such property owner's share of the water main extension, and the sum of $3,000 for each such owner's share of the sewer line extension (a total of $5,000 per owner for sewer and water), which costs are roughly equivalent to the current cost of installing private well and septic systems, and the City will assume and pay the balance of the construction costs for sewer and water extension to the affected area from its sewer and water department capital budgets. 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 water main lines and sewer main lines to the following area within the corporate limits of the City of South Bend: A parcel of land in the East %2 of the Southwest 1/4 of Section 25, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as: Lots 11 through 23 of Hartman Terrace subdivision having the following key numbers: Key Numbers Lot Numbers 23-1035-1775 N1/2 11 & 12 23-1035-1776 13 23-1035-1777 14 23-1035-1778 15 23-1035-1779 16 23-1035-1780 17 23-1035-1781 18 23-1035-1782 19 23-1035-1783 20 23-1035-1784 21 23-1035-1785 22 23-1035-1786 23 SECTION II. The construction of the sewer extension portion of the utility extension project for Reasor Street shall be in accordance with the plans, specifications, and general cost estimates of the engineering firm of Ken Herceg & Associates, South Bend, Indiana, as selected and approved by the South Bend Department of Public Works, and which are on file with the Board of Public Works for public review and inspection. The construction of the water main portion of the utility extension project for Reasor Street shall be performed by the South Bend Department of Water Works. The sewer main will generally run behind the houses affected by the extension, and the water main will be constructed in the Reasor Street Right of Way. SECTION III. A portion of the costs of construction of water and sewer mains to the affected Reasor Street property 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 total repayment to the City of $5,000 ($3,000 sewer and $2,000 water), or if such a contract with the City is not executed by June 1, 2000, 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 sewer ($600.00 per year) plus, as applicable, $33.34 per month for water ($400.00 per year) for a total period of sixty (60) months beginning from the date the property owner connects to either the installed sewer or water main. SECTION IV. The City of South Bend shall assume and pay all remaining costs of the construction costs for the water mains and sewer mains of the affected Reasor Street area from the Sewage Works Fund generated from revenues at the operation of the Division of Environmental Services Wastewater Treatment Plant and from the Division of Water Works. No additional appropriations nor revenue bonds are necessary for this construction due to the relatively low 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 rtm a service line from the Reasor sewer or water main to the owner's home, as well as any water or 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 water or 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 $2,000 per lot for water and $3,000 per lot for sewer upon construction of any improvement requiring sewer or water service upon the vacant land, and the option for installment payments shall not be available to such an owner. SECTION VII. The City's Board of Public Works shall have the general authority to do all things necessary and proper to effectuate the purpose and intent of this Ordinance. SECTION VIII. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication as required by law. ~Q Member, South Bend Co n ouncil 1 st READING 3 • Z~ " o ~ c~ s ~su~~.~,~~',,.~ d~ PU6LIC HEARING 5 -$^ OC7 2.rt.~, ~ c~`~s~ ~z 3 rd READING S $-8D 2,...~, ~ u,~~ ~.~..,.~.,,~[~: NOT APPROVED REFERRED ~rII@C~ ail ~~Ei'~~'s ~~f6~:~ MAY 0 5 2000 lORETTd J. tJt3t3~'. C17Y CLERt;, ~. t3E:l;I3, t,,. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 3 3 - 0 0 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 KNOWN AS LOTS 11 THROUGH 23 OF HARTMAN TERRACE SUBDIVISION, LOCATED ON REASOR STREET, CENTRE TOWNSHIP, 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 substituted. Andrew Udj ak Chairman 1400 CouNTY-CITY Buu.DING $OiTIN BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 219/ 235-9241 Fnx 219/235-9892 TDD 219/ 235-5567 JOHN E. BRODEN ALADEAN M. DEROSE CITYATTORNEY May 5, 2000 CHIEF ASSISTANTCITYATTORNEY Ms. Charlotte Pfeifer, President South Bend Common Council 455 County-City Building South Bend, IN 46601 Re: Ordinance No. 33-00 Utility Extension Service to Reasor Street Dear Ms. Pfeifer: As you know, I provided you with a substitute ordinance on April 17, 2000. Since that time, Carl Littrell of our Department of Public Works noted two inaccuracies in the substitute ordinance. I have corrected the items which appear in the fourth paragraph of the "Statement of Purpose and Intent" and in Section IV of the Ordinance. These changes concern the status of the Water Works as a division of the Department of Public Works and the change under Section IV concerns the source of revenues for funding the utility extension project. For your convenience I am enclosing not only the original second revised Ordinance but also a photocopy of the revised ordinance in which the changes have been highlighted. This way it will be clear to you and the Council members as to the most recent changes made. For your further information, the Board of Water Works Commissioners at its meeting on May 1, 2000 approved the form of the Ordinance No. 33-00 (as corrected) and adopted a Resolution recommending that the Council pass the Ordinance. I understand that the Public Works Board will also adopt a similar Resolution at their meeting on May 8, 2000. Feel free to call if you have further questions. Sincerely, ~r -A a ean M. DeRose Chief Assistant City Attorney AMD/cw THO,\'IAS L. BODNAR CHERYL A. GREENE MICHELLE L. ENGEL JEFFREYM. JANKOWSIG ROBERTC. ROSENFELD ANN-CAROLNASH