S-57 Interceptor & Trunk Connec ORDINANCE NO. 5-~r]
AMENDING ORDINANCE NO. S-41 (2)
AN ORDINANCE OF ~ COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 9, ARTICLE 4
OF THE CARMEL CITY CODE ENTITLED
"INTERCEPTOR AND TRUNK SEWER CONNECTIONS"
WHEREAS, the Common Council of the City of Carmel, Indiana has determined that a
provision for adjusted interceptor and trunk sewer connection fees would be in the best interest
of the City of Carmel;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE
CITY OF CARMEL, INDIANA, AS FOLLOWS:
Section I:
Chapter 9, Article 4, of the Carmel City Code is hereby amended to read as follows:
ARTICLE 4. INTERCEPTOR AND TRUNK SEWER CONNECTIONS.
Sect. 9-196 Availability Costs.
(a) No connection to any City owned trunk sanitary sewer 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 "Interceptor Improvement and Betterment
Fund," which is a depository for such contributions and designated funds. These contributions
shall be regarded as a benefit as defined by the Board of Public Works and Safety. This is a
benefit cost intended to provide funds for sewage collection and improvements projects by the
City of Carmel or owners of real estate and provide owners of real estate such protection as is
afforded by the provisions of statutes of the State of Indiana for sanitary sewerage facilities
constructed by said owners of real estate under contact with the City.
(b) These costs, designated as "availability costs" shall be fixed by the City of Carmel
as hereinafter provided. Such "availability costs" shall be and are hereby established in the sum
of $1365 per acre of ground to be served and shall be from time to time updated and fixed by
the City of Carmel.
(c) Project costs, in ail cases, shall expressly include construction costs, legal costs,
engineering costs, construction inspection costs, project administrative costs, and easement
acquisition costs as shall be administered and defined by the Board of Public Works and Safety
for the City of Carmel. Easements in each case, as may be required by the Board of Public
Works and Safety, must be obtained by the owner of real estate prior to designing the project.
Projects which shall be funded from the Interceptor Improvement and Betterment Fund shall
include new trunk and interceptor sewers, improvements to existing trunk or intercept~ffsewers
and such sewage collection if~Provements projects as determined by the Board of Publ~[Works
and Safety for the City of Carmel.
(d) The "availability Costs" of $1365 per acre will be allocated to and paid ~to the
project cost of the specific ia~tereeptor extension (off-site interceptor and on-site ov6rsi~ng) for
which it is paid. If the entire "availability cost" is not needed for the specifieql~rceptor
extension, the excess, if any, will remain in the fund.
(e) The applicant-erects of real estate applying for sewerage extensions~sNl~/ll make
payments to the City Engineering or provide surety for such a payment in accordance xgith costs
set forth, by platted section~ before they are signed per Ordinance Z-289, as a~riit~d,· . and
recorded. However, in no event, shall any subdivision or final plats be signed per O/d~ffance Z-
289, as amended, and recorded until satisfactory proof of surety of full payment is~On;file with
the Department of Community Development.
(f) Trunk sewerage extension projects, shall be developed by the City oPQai~nel and
designed by competent eng~rieers retained or approved by said City of Carmel. :t/l~ns and
specifications for specific ~k sewerage extensions, and for all local, lateral, and s~b-trunk
sewers, shall be submitted to, and receive approval from the said City of Camiel~ and all
applicable regulatory agen~ie~ prior to actual start of construction. ~: e~
Sec. 9-197 Additional Funds Contributed.
The above "availability costs'~ shall be strictly non-refundable. If by prior agreenieflt, in order
to extend the tnmk seweraga~System, additional funds are necessary to extend the s~v~ to the
owners of real estate, such ,additional funds, advanced or contributed by said owners o~r4~al estate
for the extensions anaVo~ :o,¢ersizing to meet the requirements of the City of "C~el, are
refundable, without interest: HOwever, such refunds may be made only from funds: dil~sited at
a future date by owners of rea$ estate benefited under such terms and conditions as tliO'Cily shall,
from time to time, set forth: In no event will any of the City sewage revenues Cbe used,
committed, or encumbered to repay any such funds advanced or contributed. It 4s' e~pressly
declared that such repayhaent~ if any, will be made under the provisions of and v¢[ll I~ repaid
only from funds deposited ih the "Interceptor Fund" on the basis of first in, fits~ ~ut. No
provision of this Ordinance shall be construed as a guarantee by the City of Car~lkthat the
owners of real estate advancing funds will be fully reimbursed therefore. ~c( t
Sec. 9-198 Exclusion.
Acreage used for the determination of "availability contributions or costs" shall inclffde;the total
property area except areas designated in and on approved plans such as cemeteries, g~lf~courses,
and flood prone areas, which may, at the discretion of the Board of Public Works an-~i~Safety, be
excluded. Any real estate owner of the above designed areas may file with the Boa~d 6f Public
Works and Safety a request to exclude acreage as set forth above, in the determinali6n of the
"availability contributions or costs" for the affected property.
Sec. 9-199 Oversizing.
Refunding costs for oversizing to meeting City specification shall be made only for the portion
of the oversizing which lies within the real estate owners' development as requested in writing
by the Board of Public Works and Safety. In the event the "availability cost" does not provide
sufficient funds to extend and/or oversize the trunk sewer, as needed, no such sewer extension
into the development, or oversizing, will be considered by the Board of Public Works and Safety
unless the owners of real estate desire to advance and pay the excess costs of the project. In the
event oversizing of sewage lift stations and other applicable appurtenance and/or oversizing and
extensions of trunk sewers constructed within their development of owners of real estate are
necessary to deliver sewage from other areas to the mink sewer, or from one tnmk to another,
such oversizing and/or extension costs may bo deemed to be part of the trunk sewer costs and
not part of the on-site local sewer cost, and as such, would be considered for refund under
provisions of Section 9-197
Sec. 9-200 Individual Connection Inside and Outside of City.
Where an individual connection is sought for acreage or developed areas inside or outside the
corporate limits of the City of Carmel, the following sewer users, listed by type of occupancy,
shall pay a Connection Charge based on an "average user" factor (1). The average or
"equivalent" user connection cost for a singe family residence is hereby initially fixed and
established at Seven Hundred Ninety Five Dollars ($795.00). The units listed below will
presently pay for a connection cost based on the multiplication of the listed decimal times Seven
Hundred Ninety Five Dollars ($795.00). The equivalent user cost of Seven Hundred Ninety Five
Dollars ($795.00) as well as the connection costs listed below may, from time to time, be updated
and changed by the City. Funds collected, less inspection costs, shall be deposited into the City
of Carmel "Plant Expansion and Improvement Fund." Funds collected shall be used for the
expansion and improvements of non-conveyance facilities.
AVERAGE USER FACTORS
Residences and condominiums
Apartment and town houses
Apartments and town houses
Apartments and town houses
Barber Shop
Bars & Cocktail Lounges
Beauty Shops
Bowling Alley
1.00/Single Family Residence
0.54/Each - I Bedroom Unit
0.81/Each - 2 Bedroom Unit
1.00/Each - Over 3 Bedroom Unit
0.30/Chair
0.1 O/Seat
0.90/Chair
0.40/Alley
Owners of real estate shall agree and furnish affidavit that they have paid in full the contractor
or contractors, material, men, and laborers in cash the full cost of said extension or extensions.
Sec. 9-203 Inspection CosTM and Approval of On-Site Sewers.
The owners of real estate obtaining a permit for sewerage extensions shall submit plans for on-
site sewers, including trunk sewers to be constructed within the development, to the City of
Carmel for review and approval prior to start of construction. The plans shall conform to the
City's sewer master plan where applicable. Deviations from the sewer master plan may be
allowed by the City when approved in writing. During construction of said on-site sewers, the
owners of real estate shall pay the expense of an inspector to assure that the construction of the
facilities are in compliance with current standards and specifications established by the City of
Carmel. Upon completion of construction, the owners of real estate shall provide certified record
construction drawings to the City. If certified record construction drawings are not provided, as
above required, the City may prepare these at the expense of the said owners of real estate. No
potential reimbursable expenses for oversizing and/or off-site interceptor construction will be
allowed until record drawings are provided and approved. The City will provide the inspector
or may approve, in writing, some person designated by the owners of real estate. In any case,
the owners of real estate will pay the cost thereof to the City of Carmel who, in turn, will pay
the inspector.
Sec. 9-204 Individual Connections in Developed Areas.
If individual applicants for sewerage service in already-developed acreage and/or platted
subdivisions wish to be served requiring construction of a new trunk sewer or local sewers, they
shall obtain a permit and deposit adequate funds, with the City, to pay engineering and
appurtenant costs prior to authorization of such design by the City and receipt of bids for
construction. If the project does not proceed to completion after project costs are established, the
money so deposited by individual applicants shall be non-refundable and will be used to pay
incurred expenses. If monies are in excess of expenses, said expenses will be returned to the
individual making the deposit. If the project is completed, the deposits of individual applicants
shall be credited to said individuals' costs as outlined in Section 9-205, hereinafter set forth. If
a connection is made to any trunk or local sewer without obtaining a permit and paying the
required "availability connection and local sewer costs," such act shall constitute a violation of
this Ordinance, and the individual or owners of real estate making such connection was
unlawfully installed, and will be required to remove the connection until the requirements of the
Ordinance are complied with. Each day such unlawful connection exists may be considered a
separate offense.
Sec. 9-205 Individual Connections Cost (Developed Areas).
If already-developed acreage and/or platted subdivisions are to be served by an interceptor and/or
mink sewer and local sewers, in addition to the connection cost designated in 9-200 above, there
shall be paid by each owner of real estate to be served an amount which shall be computed as
follows:
(a) AVAILABILITY COST. $31.34 per 1000 sq. ft. of lot area or fraction thereof,
which amount is not refundable plus, if applicable
(b) LOCAL SEWER COSTS. Each lot shall pay a pro-rated share of the project costs
computed on the basis of dividing the project cost by the number of sewer connections desirous
of service. Project costs shall include construction costs, determined by public bids and non-
construction costs. Non-construction costs shall include but not necessarily be limited to legal
costs, preparation of assessment rolls, and project administrative costs.
(c) REIMBURSEMENT. Repayment for future connections made to the local sewer
may be reimbursed on the basis of the "Fifteen Year Law": (Formerly Indiana Code 19-2-7-1
through Indiana Code 19-2-7-20), now I.C., 36-9-21-1 through I.C., 36-9-21-18, as may be
contracted with the City of Cannel through its Board of Public Works and Safety.
Sec. 9-206 Interceptor Costs Defined.
INTERCEPTOR OR TRUNK SEWER COSTS, as used in this Article shall be defined as
follows: Sewer costs external to a development will be classed as interceptor costs. Sewer costs
within a development required to service it will be classed as local sewer costs. Oversizing costs
as outlined in Section 9-199 will be considered intei'ceptor costs and shall qualify for refunding.
Sec. 9-207 Allocation of Receipts.
The Availability Costs provided in Section 9-196 and Section 9-205 shall be collected by the City
Engineer and deposited as follows:
(a) To Sewer Availability-Interceptom Fund;
The individual connection charges provided in Section 9-200 shall be collected by the City
Engineer and deposited as follows:
(b) To operating funds for inspection costs: $20.00
(c) To Sewer Connections - Plant Fund: Remainder minus such costs as may be
obligated to repay costs incurred for the interim improvements to the North Treatment Plant.
(d) Or as may be directed by the City through its Board of Public Works and Safety
payment may be credited against such obligations as are due.
The Local Sewer Costs provided in Sector 9-205 shall be collected by the City of Carmel
and deposited in separate projects accounts established for each project.
Sec. 9-208 "Owner of Real Estate" Defined.
Owners of real estate, as used herein, shall mean an individual, firm, company, partnership,
cooperation, governmental units, or charitable and other non-profit organization holding legal title
to real estate.
Sec. 9-209 Annexation Remonstrance Restriction.
All persons or corporations, their or its survivors, heirs, or assigns who shall connect to any
sewer main built pursuant to this Chapter shall agree in writing prior to said connection, to waive
their or its rights to remonstrate against annexation by the City of Cannel.
Sec. 9-210 Technical Definitions.
Some of the terms as used herein shall be defined as follows:
(a) TRUNK SEWER. A sewer that receives any tributary branches and serves a large
territory.
(b) INIt~RCEPTOR SEWER. A sewer which receives dry weather flow from a
number of transverse sewers and conducts such waters to a point for treatment or disposal.
Section II:
All prior ordinances, resolutions, or parts thereof inconsistent with any provision of this ordinance
are hereby repealed.
Section m:
This ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED BY TIlE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, TI-IIS
~ DAY OF '~Da-~,.4~ 1994.
ATTEST:
Presid(ng Officer
Sa/san W. Jones, Clerk~:l~reasurer
Dated:
day of ~ ,1994
PRESENTED by me to the Mayor of the City of Carmel, Indiana, on the __
1994.
ATTEST:
By: ~
Ted Johnson, Mayor,
~armel, Indiana
//8(u~an W. Jones, Clerk~rea~urer
.day of