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HomeMy WebLinkAboutOrdinance of the City of South Bend Concerning the Financing and Construction of Sewage Treatment WorksORDINANCE NO. 3951 Paused by the Common Council of the City of South Bend, Indiana DECEMBER 14TH. 19353 f"' � Clerk Of Common Council Presented by me to the Mayor of the City of South Bend, DECEMBER 15TH- 19363 A. Clerk Approved and signed by me DECEMBER 15TH. I9103 7 ORDINANCE NO. c_9ft_-0_/ An Ordinance of the Cit3,o£ South Bend concerning the financing and construction of sewage treatment works for the use of said City and its inhabitants, WHEREAS, the Stream Pollution Control Board of the State of Indiana, acting under the provisions of Chapter 214, of the Acts of the General Assembly of Indiana of 1943, on the 14th day of December, 1945, issued a final order to the City of South Bend to cease polluting the streams and water- courses in and about said City and to provide a sewage treatment plant sufficient to correct or abate such pollution, and said Board is now demanding that the City install such sewage treat- ment works without further delay; and WHEREAS, the City, acting pursuant to the provisions of Chapter 61 of the Acts of 1932, and the Acts amendatory thereof and supplemental thereto, has heretofore caused to be prepared plans, specifications and estimates for the construction of said works; and WHEREAS, the estimated cost of such sewage treatment works together with intercepting sewers, river crossings and lift stations and appurtenances thereto is Nine Million Three Hundred and Twenty -five Thousand Dollars ($9,325,000.00), and the Council finds that it would be expedient and for the best interests of the City to determine the cost of construction prior to authorizing the issuance of such revenue bonds in any given amount and fixing the terms and conditions of such bonds., now therefore, BE IT ORDAINED BY THE 001MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That the City of South Bend establish, con- struct, equip, own, operate and maintain sewage treatment works, includingthe necessary intercepting sewers, river crossings, lift stations and such other equipment and appurtenances as I DEC n1953 may be necessary or useful and convenient for the collection and treatment, purification and disposal in a sanitary manner of the liquid and solid waste, sewage, night soil and industrial wastes of said City, and to acquire all necessary lands, rights of way, or other property therefor within or without the cor- porate limits of the City, under and pursuant to Chapter 61 of the Indiana General Assembly for the year 1932, and all Acts amendatory thereof and supplemental thereto (hereinafter some- times referred to as the "Act "). The term "sewage treatment works ", "works" and other like terms used in this ordinance shall be construed to mean and include all facilities and property for collecting, pumping, transporting, treating and disposing of sewage. Section 2. Said sewage treatment works, consisting of lands, easements, rights of way, buildings, grit chambers, pre - aeration tanks, primary settling tanks, aeration tanks, secondary settling tanks, chlorination tanks, sludge digesters, sludge beds, pumping stations, sewage lift stations, intercepting sewers, river crossing syphons and chambers, connecting sewers, diversion sewers, lateral sewers and lateral connections, and other equipment, accessories and appurtenances, shall be ac- quired and constructed in accordance with the plans, specifi- cations and estimates heretofore prepared by Consoer, Townsend & Associates, Consulting Engineers of Chicago, Illinois, which are now on file in the office of the Board of Public Works and Safety and are hereby adopted and approved, and by reference made a part of this ordinance as fully as if the same were at- tached hereto or incorporated herein, the cost of said sewage works as estimated by said Engineers being in the amount of Nine Million Three Hundred and Twenty -five Thousand Dollars ($9,325,010.00). Section 3. The funds required for the payment of the cost of construction of said sewage treatment works shall be provided by the issuance of sewage works revenue bonds in such amount, and subject to such terms and conditions as shall hereafter be deter- mined and authorized by ordinance adopted by the Common Council. Said bonds shall be issued pursuant to the provisions of said Act and shall be payable solely out of the revenues derived from the operation of said sewage works and shall not constitute an obligation of the City of South Bend within the provisions and limitations of the Constitution of the State of Indiana. Section 4. The following estimate of the rates to be paid by owners of each and every lot, parcel of real estate, or building served by said works is hereby approved, subject to subsequent passage and adoption by the Common Council of an ordinance fixing such rates, after public hearing thereon as required by said governing Act, and such further action from time to time as may be required by law to equalize said rates and charges and to establish and maintain just and equitable rates and charges for the use of and the services rendered by said sewage works: ESTIMATED SCHEDULE OF RATES AND CHARGES a. Based on the use of water (1) quantity of water used per month Rate per 100 cu, ft. per month First 500 tuft. �� .19 per 100 cu.ft. From 501 to 21000 cu.ft. .13 per 100 cu.ft. From 2,001 to 4,500 cu.ft. .11 per 100 cu.ft. From 4,501 to 12,000 cu.ft. .09 per 100 cu.ft. From 12,001 to 30,000 cu.ft. .08 per 100 cu.ft. From 30,001 to 50,000 cu.ft. .07 per 100 cu.ft. From 50,001 to 1002000 cu.ft. .06 per 100 cu.ft. From 100,001 to 5001000 cu.ft. .05 per 100 cu.ft. From 500,001 to 1,0000000 cu.ft. .04 per 100 cu.ft. Over 1,0000000 .03 per 100 cu.ft. Minimum charge per month - $0.95 Above rates and charges are in addition to water rates and charges, (2) Sewage treatment service charges are to be billed at the above rates on the basis of the quantity of water used from the water supply furnished by the municipal waterworks of the City of South Bend, as indicated by the metered water consumption records, or in cases where there is no water meter or consumption re- cord, then the quantity of water used may be determined in such manner as the Board of Public works and Safety may elect. (3) The quantity of water obtained from sources other than the municipal waterworks and discharged into the public sanitary sewer system, may be determined by the City in such manner as the Board of Public works and Safety shall elect, and the sewage treatment service may be billed at the above rates. (4) water which is used in the process of manufacture, or for other purposes, not discharged into the public sanitary sewers, shall be exempt. b. The City shall have the right to base its charges not only on volume but also on strength and character of the sewage and wastes which it is required to treat and dispose of, and the right to determine the strength and character of sewage in such manner and by such method as it may find practicable. Section 5, The Board of Public Works and Safety is hereby authorized to advertise for and receive bids on the construc- tion of said sewage treatment works in accordance with the provisions of said Act, but no contracts for the construction of said works shall be entered into unless, or until, approved by ordinance of the Common Council. All contracts entered into for the construction of said works shall be subject to the authorization, issuance, and sale of revenue bonds issued i pursuant to the provisions of said governing Act in an amount sufficient to pay the contract price or prices, together with all other costs of the works as defined in Section 7 of said governing Act. Section 6. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Member o common council ist & 2nd REARING 1.2-1-4 //Z' Ite C�o;?TEE OF THE 100,01.I: SC HEARN NGT A'14149NED R E S O L U T I O N OF BOARD OF PUBLIC WORKS AND SAFETY WHEREAS, the Stream Pollution Control Board of the State of Indiana, acting pursuant to Chapter 214 of the Acts of the General Assembly for the year 1943 on December 14, 1945, issued a final order to the City of South Bend ordering said City to cease and desist polluting streams and water courses in and about said City, and said Board is demanding that a sewage treatment works be constructed by the City without delay; and WHEREAS, the Board has heretofore employed Consoer, Townsend & Associates, Consulting Engineers of Chicago, Illinois, to prepare plans, specifications and estimates for said project, and said Engineers have prepared said plans, specifi- cations and estimates for said project and have estimated the cost thereof, including all of the items required by statute, to be in the approximate amount of Nine lKillion Three Hundred Twenty -five Thousand Dollars 09,325,000.00), more particularly itemized as follows; Cost,of construction, including engineering ,and contingencies X8,8671000.00 Real estate, easements, etc. 25,000.00 Legal, administrative and other expense, including expenses incidental to issuance of bonds. 433,000.00 Total $92325,000.00 and WHEREAS, the Board finds that on the basis of the estimated cost of the project and the recommendations of the Engineers, the estimated schedule of rates and basis of charges for I sewage treatment service should be as follows; ESTIMATED SCHEDULE OF RATES AND CHARGES a. Based on the use of water (1) uantity_of water used per month Rate per 100 cu. ft. per month First From From From From From From From From Over 501 2',001 4,501 12,001 30,001 50,001 100,001 500,001 1,000,000 Minimum charge per month - $0.95 � .19 .13 .11 .09 .08 ,07 .06 .05 .04 .03 per per per per per per per per per per 100 100 100 100 100 100 100 100 100 100 cu.ft. cu,ft. cu.ft. cu.f t. cu.ft. cu.ft. cu.ft. cu.ft. cu.ft. cu.ft. Above rates and charges are in addition to water rates and charges. (2) Sewage treatment service charges are to be billed at the above rates on the basis of the quantity of water used from the water supply furnished by the municipal waterworks of the City of South Bend, as indicated by the metered water consumption records, or in cases where there is no water meter or con- sumption record, then the quantity of water used may be de- termined in such manner as the Board of Public Works and .Safety may elect. (3) The quantity of water obtained from sources other than the municipal waterworks and discharged into the public sanitary sewer system, may be determined by the City in such manner as the Board of Public ;'forks and Safety shall elect, and the sewage treatment service may be billed at the above rates. (4) Water which is used in the process of manufacture, or for other purposes, not discharged into the public sanitary sewers, shall be exempt. b. The City shall have the right to base its charges not only on volume but also on strength and character of the sewage and wastes which it is required to treat and dispose of, and the right to determine the strength and character of sewage in such manner and by such method as it may find practicable. 500 cu.ft. to 20000 cu.ft. to 42500 cu.ft. to 12,000 cu.ft. to 30,000 cu.ft. to 50,000 tuft, to 100,000 cu.ft. to 500,000 cu.ft. to 1,000,000 cu.ft. Minimum charge per month - $0.95 � .19 .13 .11 .09 .08 ,07 .06 .05 .04 .03 per per per per per per per per per per 100 100 100 100 100 100 100 100 100 100 cu.ft. cu,ft. cu.ft. cu.f t. cu.ft. cu.ft. cu.ft. cu.ft. cu.ft. cu.ft. Above rates and charges are in addition to water rates and charges. (2) Sewage treatment service charges are to be billed at the above rates on the basis of the quantity of water used from the water supply furnished by the municipal waterworks of the City of South Bend, as indicated by the metered water consumption records, or in cases where there is no water meter or con- sumption record, then the quantity of water used may be de- termined in such manner as the Board of Public Works and .Safety may elect. (3) The quantity of water obtained from sources other than the municipal waterworks and discharged into the public sanitary sewer system, may be determined by the City in such manner as the Board of Public ;'forks and Safety shall elect, and the sewage treatment service may be billed at the above rates. (4) Water which is used in the process of manufacture, or for other purposes, not discharged into the public sanitary sewers, shall be exempt. b. The City shall have the right to base its charges not only on volume but also on strength and character of the sewage and wastes which it is required to treat and dispose of, and the right to determine the strength and character of sewage in such manner and by such method as it may find practicable. and WHEREAS, the City is authorized by Chapter 61 of the Acts of the Indiana General Assembly for the year 1932, as amended, to issue revenue bonds to obtain funds to pay the cost of a sewage treatment works, which bonds under said Act are payable solely from the revenues of said sewage treatment works; and the Board of Public Works and Safety now finds that the cost of said sewage treatment works should be financed by the issuance of revenue bonds issued pursuant to said Act; and WHEREAS, the Board deems it expedient to take construction bids prior to the adoption of a bond ordinance by the Council, in order to determine with greater certainty the amount of bonds required to be issued to finance said project and the rates and charges for sewage treatment service; now therefore, BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend that the plans, specifications and es- timates heretofore prepared and filed by Consoer, Townsend & Associates be and the same are hereby approved. FURTHER RESOLVED that the Common Council of the City of South Bend be requested to authorize the Board of Public Works and Safety of said City to advertise for and receive bids on the construction of a sewage treatment works for said City in accordance with said plans and specifications; that a copy of this resolution be filed with the City Clerk for presenta- tion to the Common Council for such purpose. FURTHER RESOLVED that the form of ordinance drawn for such purpose by Russell C. Kuehl, the Special Counsel employed by the City, which form of ordinance is hereby approved, be sub- mitted to the Common Council with the request that the same be adopted. Adopted this / -7 day of ��Gtcct�e�t , 1953. Tr�D_EC 7- 9953 MAYoMT DU MONT CLFRK F. ._ .