Loading...
HomeMy WebLinkAboutS-41A Sewer Revenue BondsORDIi'IgBKIE NO. S-41~-~'~ AN ORDINANCE REPEALING CHAPI'~ 7 OF %~HE CA_W~EL CITY CODE AND ESTABLISHIi~G A NE~ CHAPrt~ 7 ~P~T!TLED iq~rmafZTIOR AND TRLIflK SEWER ~l~.~kS, TP~ ~ OOONCIL OF THE CITY OF CAP. S!iL, INDLA}~t, IT IN Ti~ BEST I~'fE~ST OF THE SEWER IIPILITY TO ESTABLISH A NEW CiCai~'ER ? OF '~"~HE ~ C~,'~r!7~ CITY CODE, AND · ,~$2,.~aAS, TNIE N'E]~ CHAPTER 7 WILL ESTABLISH ±RLN~ oE,*,~R ~.,,~'.~, ~. u~C ~ DiS!RiNG S~IT~Y S~ER S~C~ FR~4 T~ ciTY Gl ~, 7.01 Ave!~llltv ~sts. No co~tion to ~nv niav oeuled sa...l~al% sewer shall ~ a!lo%ed ~til a ~rmit Is ebta~.Neo ss~d '~'-'~ v~ satisfactet-v surety for ~}~t as a con~ibution te aid Ln has ~en nede Ln%o ~e City of ~1 "Lntercepter ..... ~'~l~h is a Rind", e'~ depsiW for such con~utions ~nd desi~at~ runos. ~ne~ con~utions s~ll ~ r~d~ as a ~efit as defLn~ by ~rd of R~lic Works ~nd ~fe~. ~is is a ~nefit cost Lntende~ to provide f~ds for s~ge coll~on ~d ~roveT~ts proj~ts by the ~ ' of C~ ~1 or owm~s of real es~te ~d provide o{~ers of real es~te such prot~tien as is afford~ by ~e p~visions of statutes of ~e State of ~di~a for s~i~ sew~age facili~ cons~ct~ by said ~ ~ CS~" ~ ..... ~: ~ with +he ~ese costs, desig~at~ as "a~il~i!i~ costs" shall ~ f~ by ~e ~ty of ~1 as h~e~af~r provide. ~ach "a%~il~ili~ costs" s~ll ~ ~d ~e h~y es~li~ ~ ~e ~ of ~v~ ~ ~llars ($700.00) ~r acre of ~d ~ ~ ~ ~d shall k~ fr~ ~ to u~d ~nd f~ by ~e ~ty of ~1. ~oj~t costs, ~ all c~es, shall ~ressly ~ct~e cons~cti~ costs, l~al cos~, ~g~r~g costs, ~nstr~ct~on Lns~on cos~, proj~t a~is~ative costs ~d ~t ac~isi~on c~ts as shall be administered and defined by the Board of Public Works and Safety for the City of Carmal. 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 tJ]e project. Projects which shall be fumded fr~m the I~lterceptor L~rovement ~nd 5etterment Fund shall include new tru~k and interceptor sewers, improvements to existing tznmnk or interceptor sewers and such se~ge collection improvements projects as determ~Lned by the ?~m'~rd of ~'~blic Works ~nd Safety for the City of '?,e "avaii~iiity cost" of $700.00 per acre will 5md paid ~;5o ~Lne project cost of the specific Lnterceptor extension (off-site interceptor and on-site oversizing) for which it is paid. If the ~ntire "availability cost" is not neede~ for the specific Lmterceptor exte~nsion, the excess, if ~ny, will remain in the fund. The applicant-owners of real estate applying for sewerage extensions shall n~d<e Fay~.-mmnts to the City Engineer or provide surety for such pa~ent in accor~e~ce wihh costs set forth, by platted sections before t~ey are sRln.?i p~.r Ordina~.ce Z-!60 and recorded. However, Ln no ev~.t, shall any subdivision or ~nal plats be signed per Ordinance Z-160 and reoorded until satisfactory proof or surety of full pal~nent is on file with the Dapart~q~nt of Co~nr~nity Devetoi~rent. Tr~2% s~erage extension projects, shall be develo~ed by the City of Carmel and designed by competent engineers retained or approved by said City of ~Carmel. Plans and specifications for specific trunk ~ewerage extensions, and for all local, lateral and sub-trunk sewers, shall be submitted to, and receive approval from the said City of Carmel and all applicable regulatory agencies prior to actual start of construction. 7.02 .Additional Funds Contributed. The above "availability costs" shall be strictly non-refundable. If by prior a~o~ree~ment, in order to extend the tnmmk sewerage system, additional funds are necessary to extend the server to the owners of real estate, such additional funds, advanced or contributed by said owners of real estate for t~he extensions and/or oversizing to ~Teet the require3nents of the City of Ca~mel, are refundable, without ~.terest. However, such refunds may be made only f._om fu~nds -2- deposited at a future date by owners of real estate benefited under such terms and conditions as the City shall, frcm tima to time, set forth. In no event will any of the City sewerage revenues be used, conmitted or once,inhered to repay s-ny ~ch f~mds advanced or contributed, nor will the City's General Fund be used, committed or encumbered to repay any such funds advanced or contributed. It is exp_ressly declered that such repa!r~ent, if any, will be made under the provisions of and will be repaid only frc~n funds deposited in the "Interceptor Fund" on the basis of first in, first out. No provision of this or~Lnence shall be construed as a guarantee by the City of C~%rmel t~hat t~he owners of real estate ad%~nc~g fends will be fully reimbursed therefore. 7.03 Exclusion. A~reage used for the determination of ~'availabili~y contributions or costs" shall include the total property area except areas designated in and on approved pls-ns such as cemeteries, golf courses, s-nd flcod prone areas, which may, at the discretion of t_he Board of Public Works ~d Safety, be excluded. Any real estate owner of t~he above desi~ated areas may file with t_he Board of Public Works end Safety a request to exclude acreage as set foI~h above, in the determination of the "avmitabi!iny contributions or costs" for the affected property. 7.04 Oversizinq. Refunding of costs for oversizing to r~eet City specifications shall be made only for the portion of the ov~rsizing which lies within the real estate owners' developn~nt 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 develop~m-nt, or oversizing, will be considered by the Roard of Public Works s_nd Safety -~nless the owners of real estate desire to advance end pay the excess costs of the prject. In the event oversizing of sewage lift stations and other applicable appurtenance and/or oversizing and ~xtensiens of tzlmk sewers constructed within their develotment by owners of real estate are necessary to deliver sewage from other areas to the trunk sewer, or from one trunk to another, such oversizing and/or extension costs ~-~- be de~ae.~d to be ~ue~rt of the trunk sewer costs and not part of the -3- on-site local sewer costs, and as such, would be considered for refund under provisions of 7.02 hereof. 7.05 Individual Connection Inside and Outside of City. Where an Lndividual connection is sought for acreage or developed areas inside or outside the corporate limits of the City of Carmel, with the .specific e~ception of those connections located wif_hin the ~North Treatment Plant Se~-~,ice Area, the fol!owJ_ng sewer users, listed by t.ype of occupant7, shall pay a Connection Charge based on an "average user" factor of (1). ~ne average or "equivalent" user comnection cost for a sin~gle family residence is hereby initially fixed and established at One Hundred Fifty Do__]]nrs ($]50.00) . The uni+~q l~sted be!c~ will presently pay for a coDmection cost based on the ~ltiplication of the listed decimal times $150.00. The equivalent user cost of $150.00 as well as the connection costs listed below may, from time to tL~e, be updated and changed by the City. Funds collected, less inspection costs, shall be deposited into the Citlz of Ca~sel "Ptm%t Expansion and LT~rovement Fund". Fonds collected shall be used for the e~xpansion and improvenents of non-conveyance facilities. ~nere an individual coanection is sought for acreage or developed areas within the North Treatment Plant Service Area whether 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 of (1). ~e average or "equivalent" user connection cost for a single family residence is hereby initially fixed and established at Five Hundred Fifty-Two Dollars and Eighty-Seven Cents ($552.87). %he units listed below will presently pay for a connection cost based on the multiplication of the listed decimal tJr~s $552.87, until such time as all obligations are satisfied to repay debts incurred for Lnterim improve~_nts to the North Treatment Plant as shall be attested in the minutes of the Board of Public Works and Safety at m.%_ich time charges as set forth above shall apply to all areas without exception. The ec~aivalent user cost of $552.87 as well as the connection costs listed below may, from time to time, be updated and changed by the City.. -4- CONNECTION CHARGES TiqPE OF ESTABLISHMS1WT Residences and condominiums Apar_+~me._~s ~--nd t~.~. h~uses Apartments add tQwn hous. es Apartmenqs and town houses Barber Shop Bars & Cocktail lounges Beauty Shops Bow~ rang Alley Car Washes fin~crches ?~mnt] st Office Drive-In Restaum-ants Drive-In Thea~-res Reta~i Space With Fountain Service - .Add Institutions Other Yh&n ~bspitals Launderette ~,bbile Home Park Motels Offices Physicians Office F~staurants Ro~min g House Service Station SwLTming Pools, non-single residential il~eatres PER UNIT EQUIVAT?~X~ 1.00/Single Family Residence 0.54/Each - 1 Bedrc~m Unit 0.81/Each - 2 Bedroom Unit 1.00/Each - Over 3 Bedroc~n Unit 0.30/Chair 0.10/Seat 0.90/Chair 0.40/Alley 0.008/Interior Sq. Ft. 0. 008/Sanctuary Seat 0.25/Chair 0.40/Car Space 0.10/Car Space 1.00/1000 sq. ft. 0.10/Seat 0.50/Bed 2.00/M~chine 0.70/Unit o. 50/Room 0.50/1000 Sq. Ft. 0; 60/Ex~mLning Ro~m 0.10/Seat 0.30/Renter 0.70/Island 1.60/1000 sq. ft. 0.10/Seat Comnection of users not listed or of unique character will be negotiated with the Roard of Public Works and Safety. For the purpose of reviewing the unit contribution, the uSage of a single family residence will be considered as 9000 gallons per ~7onth. Users listed above shall also be billed a monthly rate in accordance with current sewer use charges. 7.06 Offsite Trunk Sewerage. All plans for trunk sewerage and appurtenances thereto, %o be installed outside the area being developed by the applicant (i.e. off-site sewers) to b~ constructed by the applicant, shall be designed and prepared by engJaneers reteined or approved by the City of Carmel. All easements shall be n~de out to the City of Carmel and shall be obtained by and, if necessary, paid for by the owners of real estate, and shall be obtained prior to ~gineering design of the project. Easemmnts s~ll be in a form approved by the City. The owners of real estate applying for trunk sewer service shall deposit, with the City of Carmel, adequate fu~nde to p~y for appurtenant non~onshruction costs prior to the City proceeding with preparation -5- of plans and specifications. If the project does not proceed to cc~pletion after project costs are established, n~nies so deposited by the owners of real estate shall bc non-refundsble s-nd will be used to pay incurred ~xpenses. If funds are in excess of expenses, the excess will be returned to t~he o~ers of real estate making the deposit or their successors. If the project progresses to completion, the deposit will be credited to the total project cost. 7.07 f~ership of System. All e~tensions to the City of Carmel se'~.~rage systems must be accepted by the City before connection, and once connected, shall become and r~ain thereafter the sole property of mr~e ~lu3 of Cailrel withou~ full, her ~ '~ ~ -' ©.~ers of real estate shall agree s-nd furnish affidavit that they mat~ zal, men ~und laborers have paid in full the contractor or contractors, in cash the full cost of said extension or extensions. 7.08 Lns~oection Costs and Approval of On-Site S~ers. 1]ne ov~ners of real estate obtainLng a per-mit for s~erage extensions s~hall plans for on-site sewers, including t~nmnk sewers to be constructed withLn the develo~ugent, to the City of Carmel for review and approval prior to start of construction. During construction of said on-site sa~ers, the ~ners of real estate shall pay the expanse of an inspector to assure that the construction of the facilities are in ccmpliance with current standards and specifications established by the City of Car~t. Upon completion of construction, the owners of real estate shall provide certified record construction drawings to the City. If certified record constzuction 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 expem~es for oversizing and/or off-site interceptor construction will be allowed until record drawings are provided and approved. ~he City will provide the inspector or ~ay approve, in w~itJ-ng, scme 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 Caz~el who, in turn, will pay the inspector. 7.09 Individual Ounnections in Developed Areas. If individual applicants for sewage 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 establish~, ~he money so deposited by individual applicants shall be non-refundable and will be usee to pay ]3-~curred expenses. If n~nies are in excess of e>?enses, said excess will be returned to the individual making the depesit. If the project is completed, the deposits of individual applicants shall be credited to said individuals' costs as outlined in 7.10, hereinafter set forth. If a connection is made to s~y trunk or local sewer without obtaining a permit and paying the required "availability co~nnection and local sewer costs", such act shall constitute a violation of this ordinance, ,~s~d the individual or o~mers of real estate making such coD~nection will be subject to a fine of $100.00 per day for each day the connection ,was unlawfully installed, end will be required to ramove the connection until the requirements of the ordinance are complied with. Each day such unlawful cor~nection exists may be considered a separate offense. 7.10 Individual CoD_nections Cost (Developed Areas). If already- developed acreage and/or platted subdivisions are to be served by an interceptor and/or tm%m_k sewer and local sewers, in addition to the connection cost designated in 7.05 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" - $16.00 per 1000 sq. ft. of lot area or fraction thereof, ~hich amount is not refundable plus, if applicabl~ OD) "Local Sewer Costs" - Each lot shall pay a pro-rated share of the project costs cc~puted on the basis of dividing the project cost by the number of sewer coanections desirous of service. Project costs shall include construction costs, -7- 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, sand 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" (Indiana Code 19-2-7-1 through Indiana Code 19-2-7-20), as may be contracted with the City of Carmel through its Board of Public Works and Safety. 7.11 Lnterceptor Costs Defined. "~terceptor" or ~=~n~< sewer costs, as used in this ordinance shall be defined as follows: Sewer costs external to a develor~ment wil.1 be classed as interceptor costs. Sewer costs within a development required to service it will he classed as local sewer costs. Oversizing costs as outlined in 7.04 will be considered interceptor costs and shall qualify for refumding. 7.12 Allocation of Receipts. The Availability Costs provided in 7.01 and 7.10 shall be collected by the City Engineer and deposited as follows: (a) To Interceptor Improvement Fond The individual connection charges provided in 7.05 shall be collected by the City Engineer and deposited as follows: (a) To operating funds for inspection costs: $20.00 To Plant Expansion and Improvement Fund: Remainder minus such costs as may be obligated to repay costs incurred for the interim improvements to the North Trea~m~nt Pleant. (c) Or as may be directed by the City through its 5pard of Public Works and Safety payment nmy be credited against such obligations as are due. %he Local Sewer Costs provided in 7.10 shall be collected by the City of Carmel and deposited in separate project accounts established for each project. 7.13 "Owner of Real Estate" Defined. O~ners of real estate, as used herein, shall mean an individual, firm, company, partnership, cooperation, goveznnmental units, or charitable and other non-profit orgr~nization holding legal title to real estate. -8- 7.14 Annexation Remonstrance Restriction. All persons or corporations, their or its survivors, heirs, or assigns who shall connect to any se~e_r main built pursuant to this Chapter shall agree in writing prior to said co~ection, to waive their or its rights to r~rons~_rate agaL~$t ~nnexation by the City of Carmel. 7.15 Technical Definitions. Sc~e of the terms as used herein shall be defined as follows: (a) Trunk Sewer - a sewer that receives many tributory branches and selves a large territory. (b) Interceptor Sewer - a s~er which recei~ms dry weather flow from a number of transverse sewers and conducts such waters to a point for treatment or dis~sosal. 7.1-6 _Re,meal of-OrdLnances. OrdLnance S-36 and all amen~v~nts thereto, if any, is (are) hereby repealed. ~nis ordinance shall be in full force and effect fram a~nd after its passage. F~__,_ ~ ADOP~FtqD AND PASSED I74IS '_ ~F DAY O~%NA~ ~..~__, 19_~__~? BY THE OO~MON COUNCIL OF THE CITY 0 CARMEL, AYTEST: Dorothy J. ~k-~surer me to the Mayor of the City of Cazr~l on the Pre sente~gy day of ~__, 19:~ , at the hour of ~,'~ o'clock approved and signed by me on the ~__ day 0f/~~, ~is Ordinance -- _ the hour of _~*/ o'clock ~.M.