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Home My WebLink AboutD-2270-16 Utility Rate IncreasesSPONSOR: Councilor Carter Councilor Rider ORDINANCE D-2270-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 9, ARTICLE 2, DIVISION H, SECTION 9-31(a) OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel, Indiana, has heretofore adopted Ordinance No: A-66 amending Chapter 9, Article 2, Section 9-31(a) of the Carmel City Code; and WHEREAS, the Carmel Utilities Department has determined, .pursuant to a study conducted by their consulting engineers, that the availability contributions, established as a cost per acre, need to be increased. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 9, Article 2, Division II, Section 9-31 of the Carmel City Code is hereby amended and shall read as follows: "Sect. 9-31. Permit: Acreage. (a) (1) From and after the effective date of this Ordinance, no extension to any City owned water supply transmission line or to any part of the City -owned water distribution system shall be allowed until a permit is obtained and payment or satisfactory surety for payment as a contribution to aid in construction has been made into the City of Carmel "Water Main Extension Fund," which is a depository for said contributions. These payments designated as "availability' contributions," shall be from time to time, updated and fixed by the City of Carmel but shall be established as an acreage cost based on the project cost of the transmission line(s), and/or existing system reinforcing, and operations necessary to provide adequate service to a service area or sub -area, as defined by the Board of Public Works and Safety, with the total cost to be divided by the total number of acres within the service area or sub -area. Provided, however, that the application - owners of real estate applying for the service shall make payment to the City Engineer or provide 'surety for such payment in accordance with costs set forth, by platted sections before they are signed per Ordinance No. Z-160 and recorded, but in no event shall any subdivision or final plats be signed per Ordinance No. Z-160 and recorded until satisfactory proof or surety of full payment of the contribution is on file with the Department of Community Development. Ordinance D-2270-16 Page One of Three This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Projeot\Ordinance D-2270 Permit Acerage Cost.doc SPONSOR: Councilor Carter Councilor Rider (2) The "availability contribution" will be allocated to and paid into the project costs of the specific off-site transmission line, on site distribution system oversizing, and/or existing system reinforcing, for which it is paid. Project costs, in all cases, shall expressly include construction costs, legal costs, engineering costs, construction inspection costs, and permit costs of projects administered by the Board of Public Works and Safety. All elements of the project costs must be disbursed by the City from the funds deposited as "availability contributions" for that specific project. If the entire contribution of the computed costs per acre is not needed for a specific development, the excess, if any, will remain in the fund to be disbursed as hereinafter provided. (3) The "availability contributions" are hereby established at Two Thousand Two Hundred and Twenty Two Dollars ($2,222.00) per acre. This "availability contribution" may from time to time be changed by the City of Carmel." Section 3. The remaining portions of Chapter 9, Article 2, Division II, Section 9-31, are not affected by this Ordinance and remain in full force and effect. Section 4. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 5. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section 6. This ordinance shall be in full force and effect sixty (60) calendar days from and after its proper passage, signing by the Mayor and such publication as is required by law. [Rentainder of page intentionally left blahk] - Ordinance D-2270-16 Page Two of Three -15 This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December .21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. V:\shared\2016 Ordinance Project\Ordinance D-2270 Permit Acerage Cost.doc SPONSOR: Councilor Carter Councilor Rider PASSED by the Common Council of the City of Carmel, Indiana, this Lj im day of Wk V , 2016, by a vote of �_ ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Laura D. Campbell M.F.-MRST.01 ma M Presented by me to the Mayor of the City of CarmmPauley,qfeik-Treasurer day r'lV\U\Nr 2016; at 11:3 3 I.M.. Approved by me, Mayor of the City 3Carmel, Indiana, this I day of 2016, at I 3 _.M. J es Brainard, Mayor Ordinance D-2270-16 Page Three of Three This Ordinance was prepared by John Duffy, Utility Director, Carmel Utilities, 30 West Main St., Carmel, IN 46032, and reviewed for legal sufficiency by Ashley M. Ulbricht, Assistant City Attorney for the City of Carmel, Indiana, on December 21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. VAshared\2016 Ordinance Project\Ordinance D-2270 Permit Acerage Cost.doc