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HomeMy WebLinkAboutD-1444-99 Sewer/Water Costs ORDINANCE NO. D-141t4-99 AN ORDINANCE OF THE COMMON COUNCIL OF..THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 9, ARTICLE 2, DIVISION II, SECTION 9-31(a) AND CHAPTER 9, ARTICLE 4, SECTION 9-197 OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel, Indiana, has the authority to amend the Carmel City Code; and WHEREAS, City Code Sections 9-31(a) and 9-197 provide for the reimbursement of certain monies, including "legal costs", expended by individuals who either extend or oversize trunk sewerage systems or oversize, reinforce or construct water transmission lines which benefit the City's provision of public water or sewerage services; and WHEREAS, the City has recently been presented with invoices for "legal costs" expended pursuant to City Code Sections 9-31 (a) and 9-197 that appear to be unreasonable and/or unnecessary; and WHEREAS, the Common Council desires to limit the reimbursement of legal costs under City Code sections 9-31 (a) and 9-197 to reasonable and customary sums. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that: 1. The foregoing recitals are incorporated herein by this reference. 2. Chapter 9, Article 2, Division III, Section 9-3 l(a) of the Carmel City Code is hereby amended to read as follows: "Sec. 9-31 Permit; Acreage Costs. (a)(i) 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 Carreel "Water Availability Mains 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, 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 applicant-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 Common Council Ordinance No. Z-289 and recorded, but in no event shall any subdivision or final plats be signed per Common Council Ordinance No. Z-289 and recorded until satisfactory proof or surety of full payment of the contribution is on file with the Department of Community Services. Page One of Three Pages [eb:nts~ord:c:my documents,ordinances amcndcodc,sc~crlcgalcostsdoc:l 1:'8/99] (a)(ii) The "availability contributions" will be allocated to and paid into the project cost of the specific off-site transmission line, on-site distribution system oversizing, and/or existing system reinforcing for which it is paid. Such project costs, in all cases, must be reasonable and necessary, and subject thereto, shall expressly include legal fees and costs up to a total sum of Four Thousand Dollars ($4,000.00), construction 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 only from the funds deposited as "availability contributions" for that specific project. Easements, in each case, must be obtained by the owners of real estate prior to designing the 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. (a)(iii) The "availability contributions" are hereby established at One Thousand Ten Dollars ($1,010.00) per acre. This "availability contribution" may from time to time be changed by the City of Carmel ." The remaining portions of City Code Chapter 9, Article 2, Division III, Section 9-31 of the Carmel City Code are not affected by the above amendments and shall remain in full force and effect. 3. Chapter 9, Article 4, Section 9-197 of the Carmel City Code is hereby amended to read as follows: "Sec. 9-197 Additional Funds Contributed. The above "availability costs" shall be strictly non-refundable. If by prior agreement, in order to extend the trunk sewerage system, additional funds are necessary to extend the sewer to the owners of the real estate, such additional funds, advanced or contributed by said owners of real estate for the extensions and/or oversizing to meet the requirements of the City of Carmel, if reasonable and necessary, are refundable, without interest, except that, in no event, shall total legal fees and costs in excess of Four Thousand Dollars ($4,000.00) be refundable hereunder. However, such refunds may be made only from funds deposited at a future date by owners of real estate benefited under such terms and conditions as the City shall, from time to time, set forth. In no event will any of the City sewage revenues be used, committed or encumbered to repay any such funds advanced or contributed. It is expressly declared that such repayment, if any, will be made under the provisions of and will be repaid only from funds deposited in the "Interceptor Fund" on the basis of first in, first out. No provision of this Ordinance shall be construed as a guarantee by the City of Carmel that the owners of real estate advancing funds will be fully reimbursed therefore." 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. 5. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and such publication as is required by law. Ordinance No. Page Two of Three Pages [eb:msword:c:\my documcnts\orditmnccs,anlcndcodc/scwetlcgalcosts.doc:l I/8/991 PASSED by the Common Council of the City of Carmel, Indiana, this ,1999, by a vote of (e ayes and D nays. day of~)eCtZ'tq~ COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, iAMC, Cl~~easurer ~n~ier, pr""~si~dent~ Bill;~alker Presented by me to the Mayor of the City of Carmel, Indian , on the [o day of '~_-etne~r- ,1999. Z-'kdv Diana L. Cordray, I surer Approved by me, Mayor of the City of Carmel, Indiana, this ,1999. Page Three of Three Pages b day of Jj~~ii~ rainard, M r [cb:nlsword:c:,n~y docun~cms ordinances,amcndcode'sex~crlegalcostsdoc:l 1/8/99]