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Home My WebLink AboutD-1524-01 Amend Water & Sewer SPONSOR(S): Councilor Koven AMENDED ORDINANCE NO. D-1524-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 9, DIVISION II, ARTICLE 2, SECTIONS 9-38, 9-39 AND 9-42 OF THE CARMEL CITY CODE WHEREAS, the Carmel Board of Public Works and Safety, by its Resolution No. 06-06-01-07, has adopted a uniform policy ("Policy") for water and sanitary sewer extensions to unincorporated subdivisions located within the Carmel Utilities service area, and has directed the City Attorney to draft an ordinance adopting in all material respects the Policy and to present same to this Council for its consideration and approval; and WHEREAS, the Council finds that the Policy is in the best interests of the City and should be codified and incorporated into the City Code through the amendment of existing City Code Sections 9-38, 9-39 and 9-42. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carreel, Indiana, as follows: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. Chapter 9, Division II, Article 2, Sections 9-38, 9-39 and 9-42 should be and the same are hereby amended to read, respectively, as follows: a. "Sec. 9-38 Individual Connections in Developed Areas In the event that individual homeowner(s) residing in already-developed acreage and/or a platted subdivision wish to be served by City water requiring construction of new trunk transmission and/or local distribution lines, the following procedures shall be followed: (1) Upon written request for new transmission and/or local distribution lines from the subdivision President and/or Board of Directors, the City's Utilities Department shall develop a preliminary design and construction cost estimate for the project ("Project"). (2) The Utilities Department shall provide each homeowner to be served by the new transmission or local distribution lines with a Project cost estimate that includes availability and connection fees, construction costs, engineering fees, Project legal fees and easement right-of-way costs, all of which comprise the total Project costs. Page One of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney [Arnd. 8-16-01 JRK] SPONSOR(S): Councilor Koven (3) Each homeowner wishing the Project to proceed shall then sign an agreement stating that the homeowner has notice of and understands the Project costs and is agreeable to the annexation of the homeowner's affected property into the City. In the case of an individual homeowner residing on already-developed acreage, the homeowner shall agree that the annexation of the homeowner's property being served hereunder shall be annexed into the City immediately upon the connection of the homeowner's property to the City's water system. For homeowners living in a platted subdivision, they shall agree that such annexation may occur at any time on or after the date on which the homeowner's then affected property is connected to the City's water system. This agreement must be signed by at least thirty-five percent (35%) of the homeowners in the affected subdivision, or by each homeowner on already-developed acreage that is not part of a platted subdivision, prior to the final preparation of plans and advertisement for Project construction bids." b. "Sec. 9-39 Additional Individual Connection Costs In Developed Areas If already developed acreage and/or a platted subdivisions are to be served by a City transmission and/or distribution line, in addition to the connection costs designated in Section 9-38 above, there shall be paid by each owner of real estate to be so served an amount which shall be computed as follows: (1) AVAILABILITY FEE - One Thousand Ten Dollars ($1,010.00) per acre or fraction thereof, which amount is not refundable and is subject to change by the City, plus, if applicable; (2) CONNECTION FEE - One Thousand Three Hundred Ten Dollars ($1,310.00), which amount is also subject to change by the City; plus (3) LOCAL WATER COSTS - Each lot in a platted subdivision shall pay a total pro-rated share of the Project costs incurred pursuant to Section 2-38 above, computed by dividing the Project costs by the number of sewer connections within the platted subdivision. The total Project costs for individual homes that are not part of a platted subdivision shall be paid by the owner thereof. Homeowners in platted subdivisions shall have five (5) years from the date on which the Project performed pursuant to Section 2-38 above is completed to connect their homes to the transmission or local water line installed by the Project, after which time such connection shall be promptly made by the City at the homeowner's sole cost and expense, except that, in the event a home is sold during such five (5) year period, connection to the City water system shall take place prior to such sale. Payments to the City for the Project may be made in equal annual payments over a ten (10) year period beginning on the date the Project is completed for any home that is connected to the City water system within one (1) year of the Project completion date. Homeowners who subsequently Ordinance No. D- 1524-01 Page Two of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney [Amd. 8-16-01 JRK] SPONSOR(S): Councilor Koven connect to the City water system within the five (5) year Project connection period shall pay their pro rata share of Project costs within ten (10) years of the Project completion date, and may do so in equal annual installment payments in such amount as is necessary to pay such Project costs in full within such ten (10) year period. Interest shall be charged to each such homeowner at a rate to be determined by the City prior to the start of Project construction. Individual homeowners that are not part of a platted subdivision shall connect their home to the City transmission or local water line on the date on which the Project performed pursuant to Section 9-38 above is completed. Payments by individual homeowners to the City for a Project may be made over ten (10) years from the date of Project completion, under the same annual installment terms as are set forth above for residents of platted subdivisions. Individual lots not in a platted subdivision shall be charged the applicable availability and connection fees set forth hereinabove. Project costs for such connections shah be determined on a case by case basis." c. "Sec. 9-42 Annexation Remonstrance Waiver All persons or other legal entities who connect their home or other building to any water line built pursuant to this Chapter shall, on their own behalf and on behalf of their successors and assigns, agree in writing, prior to said sewer connection, to waive their rights to remonstrate against annexation of their affected property by the City of Carmel, and further agree that such annexation may occur at any time on or after the date on which said connection is made." 3. This Section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof. 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. 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. PASSED by the Common Council of the Cit of Carmel, Indiana, thisZ/9~day of ~/]t CoOT Ordinance No. D- 1524-01 Page Three of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney [Amd. 8-16-01 ,IRK] SPONSOR(S): Councilor Koven COMMON COUNCIL FOR THE CITY OF CARMEL, iNDIANA Robe~ ~//~ 2> Diana L. Cordray, IAM~'_,~l~urer Approved by me, Mayor of the City of Carmel, Indiana, this 2001 .~ ~.~. s Brain~d, Mayor Page Four of Four Pages Prepared by Douglas C. Haney, Carreel City Attorney [Amd. 8-16-01 JRK]