HomeMy WebLinkAboutA-54, Repealing Chapter 4ORDINANCE NO. A-54
AN ORDINANCE REPEALING CHAPTER 4, SECTION 4.03 OF
5 .W~... CA~4EL CITY CO_.DE ~ND ESTABLISHING A NE~d S~TIO~.~
4.03 OF ~ 4, ~ CI~ ~DE
%~, '~ ~N ~U~CIL OF ~ CI~ OF ~, ~i~, DT~S IT
IN ~ BEST ~ST OF T['~ ~ ~1~ ~ EST~LISH A ~ S~ION
4.03 OF ~ ~ CI~ ~DE,
N~q 'I~, BE IT O~AI~ TIi~T S~D SE~I~ 4.03 OF T~ ~'~ Ci~'
4.03 ~NSION OF WA~R SYS~I. (a) "~ers of ~al Es~te" ~f.~ed.
O..mers of real es~te, as used ~ ~is chapte~ shall ~ ~ ~dividual,
fJ~u~, c~7~ny, co.ration, gove~l ~it, or chari~le ~d o~er
non-~rofit organizations hold~g l~al title ~o rml es~te.
(b) Pe~t; ~reage ~st. ~ and afte~ eff~tive &re of Qis
ordnance, no extrusion to ~y City-o~d ~ter supply ~ssion l~e
or to ~y ~t of ~e City-om~ ~ater dis~ution ~st~ shall be allowed
~til a ~t is obm~ ~d ~t or satisfacm~ ~rety for ~t
as a contrbu~ion to aid h const~ction has ~ mdc ~to ~e Ci~
of ~1 "~ ~ ~SION ~", ~ich is a de~sito~ for said
con~utions;' ~ese ~ts desi~a~ as "av~l~ility cbn~udons",
shll ~ f= ~m ~ tm, u~t~ ~d f~ by Ae City of ~ml but
s~ll ~ es~lish~ as ~ acreage cost ~s~ on ~e proj~t cost of
~e tr~ssion lJ~e (s), ~d/or ~ist~g syst~ rehforchg, n~essa~
~ provide a~ate s~ice to a se~ice ar~ or s~-area, as def~
by ~e ~d of ~lic ;~rks and ~fety; wi~ ~e tota~ cost to ~ divid~
by ~e to~l n~r of acres wi~ ~e se~ice ~ or s~-~. Provide,
hoover; ~at ~e applic~t~ers of rml es~ apply~g for ~e ~ice
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 Z-160 and recorded, but in no event sha'll any sub-
division or final plats be signed per Ordinance Z-160 and recorded until
satisfactory proof or surety of full payment of the contribution is on
file with the Department of Conrmmity Development. %he "availability
contribution" will be allocated to and paid into the 'project cost of
the specific off-site trau]smission line, on,site distributSion system
oversizing, and/or existJ~%g system reinforcing, for which it is paid.
Project costs, in all cases, shall expressly include construction costs,
legal costs, engb~eerJ~lg costs, construction J~%spection costs, petTnit
costs, project adn~inistrative costs and easement acquisition costs as
shall be administered by the. Board of Public Works and Safety. All elenents
of the project costs must be disbursed by the City from the funds deposited
as "availability contributions" for that specific project~ Easera~nts,
in each case, must be obtained by the owners of real estate prior to
designing the project. If the entire contribution of the ccmputed cost
per acre is not needed for a specific development, the excess, if any,
will remain in the fund to be disbursed as hereinafter provided. %he
"Water Main Extension Fond" designated above as "availability contributions"
are hereby established at $900.00 per acre. This !'availability contribution"
may from time to time be chan'ged by the City of Carmel.
(c) Exclusion. Acreage used for determination of "availability
contributions or costs" for off-site transmission line, on-site distribution
system, oversizing, and/or existing system reinforcing constructio;: shall
include total property area except areas designated in and on approved
plans such as cemet&ries~ golf courses and flood prone areas which may,
at the discretion of the Board of. Public l~orks and Safety be excluded.
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Any real estate owner of the above designated areas may file with the
Board of Public W6rks and Safety a request to exclude acreage as set
forth above, 'in the determination of the "availability contributions
or costs" for the affected property.
(d) Additional Funds Contributed. ~ne above acreage "availability
contributions" shall be strictly non-refundable. If funds in addition
to the "availability contributions" are necessary in order to extend
the transmission line, oversize on-site systems, or to reinforce portions
of the existing water distribution system in order to provide adequate
%~ater service to the owners of real estate within the service or sub-
area, such additional f~nds ad~unced or contributed by t3ae owners of
real estate for the extension, reinforcing, and/or oversizing to meet
the City's requirements, is 'refundable, without interest, but only frcm
funds deposited at a future date by owners of real estate under such
terms and conditions as the City shall, frc~ time tb time, set forth.
1]ne above described "additional funds" must be first de.~osited with the
City, and be disbursed in the mmnner prescribed by the City if these
funds are to qualify for refunding. In no event will any of the City
w~ter system revenues be used, cor~nitted or encumbered to repay any such
funds advanced or contributed, nor will the City's General Funds be used,
cc~mitted or encumbered to repay any such funds advanced or contributed,
it being expressly declared that such repayment, if any, .will be made
under the provisions of and will be repaid only from funds deposited
in the "Water Main Extension Fund", on the basis of first in, first out,
for each service area or sub-area. No provision of this. ordinance shall
be construed as a guarantee by the ~ity of Carmel that the owners of
real estate advancing fn3nds will be f~ly reimbursed therefore.
.(e) 0versizing and Reinforcing. Refunding of costs for oversizing
to nme~' City specificaticrus shall be made only as to that portion of
the oversizing which lies within the real estate owners' develotment.
Refunding of costs for reinforcing the City's existing w~ter distribution
.system in order to provide adequa[e service to the development shall
be determined by the Board of Public Works and Safety of the City of
Cslnnel. In the event the "avRilability contribution" per acre does not
provide sufficient funds to extend end/or oversize .the transmission line
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or to reinforce the existing system, as needed, no construction permit
will ~e issued by the City unless the owners of real estate advance and
pay ~dqe excess project costs.
(f) li~dividual Contributions. Where a~ J~dividual connectioh is
sought for acreage or developed areas inside or outside the corporate
limits of the City of Carmel, the following water users, listed by type
of cccupancy, shall pay a contribution to aid in construction of additional
water supply, treatmant, and storage facilities, into the City of Carmel
"Weter Facilities Expansion Fund", which is a depository for said contributions.
The funds accumulated will be used to assist in finibcJ2]g the cost of
construction of the above described facilities when they aze requirc~.
The "equivalent" ' user unit of (1) is based on a single family residence
and the "equivalent" user contribution is hereby initially fixed at $650.00
the equivalent user contribution of $650.00 as well as the multiplication
factors listed below may from time to tJ~ be updated and cheJ~ged by
the City.
· EQUIVALENT USER OONTRIBIffION MULTIPLIER
Apartments and town houses
Apartments a, nd tQwn houses
Apartn~_nts and town houses
Barber Shop
Bars & Cocktail Lounges
Beauty Shops
Bowling Alley
Car Washes
~hurches
Dentist Office
Drive-In RestaUrants
Drive-In ~heatres
Retail Space
W/Fo~ntaJln Service, Add:
Duplex Residence ~
Institutions other than Hospitals
Iaunderette
Mobile Home Park
Motels
Offices
Physicians Office
Restaurant
Rocking Houses
UNIT
0.015/Passenger
0.54/Each - 1 Bedroom Unit
0.81/Each - 2 Bedrocm Unit
1.00/Fach - Over 2 Bedroc~ Unit
0.30/Chair
0.10/Seat
0.90/Chair
0.40/Alley
0.80/S~. Ft. Inside
0. 008/~xxnctuazy Seat
0.25/(lhair
0.40/Car Space
0.10/Car Space
1.0/per 1000 sq. ft.
0. !0/Seat
2.0
0.50/Bed
2.0/Machine
0.70/Unit
0.50/Hoom
0.5/per 1000 sq. ft.
0.60/Examining Room
0.10/Seat
0.30/Rentor
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Service Stations
SLngle Family Residence & Condominiums
Swimming Pools
1~eatre
0.70/Island
1.0
1.60/1000 sq. ft.
0.10/Seat
Contribution of users not listed will be cc~puted based on e.stimated
usagg. Users listed above shall also be billed a monthly %~ter rate
according to established rates.
For the purpose of reviewing the unit contribution, the usage of
a single family residence will be considered as 9,000 gallons per month.
{g; Off-Sine ;';a~er ?aLns. Z~A! p!~ for ::r~qm~issJc, r_ ~--~i r.:~nforcing
mains to be installed outside the area being developed by the applic~%t
for water service {i.e. off-site water mains) shall be prepared by the
City of Carmel. All easements shall be made out to the City of Carmel
and shall be obtained by and, if necessary, paid for by the owners of
real estate. Easexents shall also be in a form approved by the Board
of Public Works and Safety of the City of Carmel.
7he owners of real estate applying for weter service shall deposit
with the City of Carmel in the Office of Cca~unity Development adequate '
funds or surety of payment to pay engineering, and appurtenant non-construction
project costs prior to the City proceeding with preparation of plans.
If the project does not proceed to c~mpleti~n after project costs are
established, the m~ney so deposited by the owners of real estate shall
be non-refundable a~d will be used to pay incurred expenses. If funds
are in excess of expenses, t~hey will be returned to the o~mers of real
estate mak~g the depsit, if the project is cOmPleted, 'the deposit
will be credited to the total project 'cost as defined in ~ubsection fo).
~) Approval and Costs of Ch-Site System. 1~ne owners' of real estate
obtaining a permit for Water, service shall sutx~t plans for their c~-
site wrater distribution system, including on-site transmission lines
to the the City of Carmel, for their review and appro~l before start
of construction. All ~onstruction and non-construction costs of the
on-site system are to be berne by the owners of real estate. During
construction of said on-site water system the owners of real estate shall
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pay the expense of an inspector for the City of Carmel and upon cc~pletion
of construction, shall provide certified "as-built" construction drawings
and certified construction costs to the City. If "as-built" drawings
are not provided withLn t~ee monthes after completion of construction,
the City may prepare these drawings at the expense of the said owners
of real estate. '~he City will provide the inspector, or may approve,
in writing, sc~e person designated by the owners of real estate to serve
as the inspector. In any case, the owners o{ real estate will pay the
cost thereof to the City of Carmel who will, in turn, pay the Lnspector.
(i) Individual Connections in Developed Areas. If individual applicants
for water service in already-developed acreage and/or platted subdivisions
wish to be served by an existing transmission line and/or a local distribution
system, they shall obtain a permit and deposit adequate funds with the
City to pay engineering and appum-tanant costs prior to the authorization
of the design for the local system extension by the City and the~ receipt
of bids. If the project does not proceed to caT~letion after project
costs are established, the m~ney so deposited by individual applicants
shall be non-refundable and used to pay incurred expenses. If monies
are in excess of expenses, the exce~s will be returned to the individual
making the deposit. If the project is constructed, the deposits of individual
applicants shall be credited to the individual's cost outlined in subsection
(j) below.
Ail facilities covered by this section will be constructed in existing
dedicated streets, alleys, or easements; Or the owners of real estate
will obta/n the recruited easements.
If a .connection is made to any transmission line or existing local
distribution system without obtaining 'a peUnit and paying the required
availability contribution and local water main costs", the individual
or owners of real estate will be 'subject to a fine of $150.00 a day for
each day the connection was unlawfully installed a~d be rquired to remDve
the conhection until the requirements of this ordinance are cu~lied
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(j)' Individual Connections'Cost (Developed Areas). If already-
developed acreage and/or platted subdivisions are to be provided water
service in addition to the "Facilities Expansion Contribution" designated
Ln s~bsection (f) above, ~_here shall be added for each individual connection
an ar~unt which shall be computed as follows:
1. "Availability contribution" - $20.00 per 1000 sq. ft. of lot
area or fraction thereof, ~ich
amount is not refundable
plus,
2. "Local System Costs" - F~ch lot shall pay a pro-rated share
of the project costs computed on the basis of dividing the project cost
by ~./~.e total n~m~0er of water connections desirous of service. Project
co'ts shall include construction costs, determined by public bids, and
non-constln]ction costs. Non-construction costs shall include but not
necessarily be limited to legal costs, engineering costs, inspection
costs, permit and ~asement costs, preparation of assessment rolls, and
project administrative costs.
(k) Repayment to Ind±v%dual Contributors. Repayment for future
connections made to the "local System" as outlined in subparagraph (j),2,
may be reimbursed on the basis of the "Fifteen Year law" (Burns Annot.
Stat. Sec. 48-3948- through 48-39-~67) as administred by the Board of
Public Works and Safety.
(1) Ownership of System. All extensions to the City of Carmel
water systems must be accepted by the City before connection, and once
copnected, shall becon~ and refnaJn thereafter the sole property of the
City of Carmel without further dedication thereof.
Owners of .real estate shall agree' and furnish affidavit that they
have paid .in full the contractor or contractors, ~aterial, men and laborers
in cash the full cost of said extension or extensions'.
(m) Annexation Remonstrance Restriction. All persons or corporations,
their or its survivors, ~eirs, or assigns who shal~' connect to any water
main built pursuant ~o this cede shall agree in writing prior to said
connection, to waive their or its rights to remonstrate against annexation
by the City of Carnal.
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(n) _Re~eal of ordinances. Ordinance A-41 and all a~endmants thereto
are hereby repealed.
This ordinance, shall be in full force and effect from ~nd after
its passage. ~__ DAY OF ~
19~~,
ASem,~ A~D P~S~ T~S -- ,
BY THE ~N COUNCIL OF THE CITY OF CAIIMEL, ~IANA. ~
ding Officer
bO~o~y J. Ha~k, Clerk-Treasurer
Presen/t~d by me to the ~or of the City of Carmel on the j day
of ~'/~z~'. , 19~/~ , at ~dne hour of _~,'z,~ o'clock /~ .M.
Dorothy J. H~c~{~k, Clerk-Treasurer
This Ordinance approved and si~ed, by r~ on the ~ day o~,
19~, at the hour of_~ o clock ~.-.M~- // ~
A. Reiman, ~ay6r
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