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HomeMy WebLinkAboutA-41 Water Main Ex Fnd/Expansion Fnd . .. .-.....-..-..-.-.--, .-""-....- Cl ",'CJ ..' ../ ORDINANCE NO. &!l:..L ~ 10035 O~ AN ORDINANCE ESTABLISHING CONTRIBUTIONS TO AID IN CONSTRUCTION OF VARIOUS WATER MAINS AND OTHER WATER SYSTEM FACILITIES, AND CREATING "WATER MAIN EXTENSION FUND" AND "WATER FACILITIES 11 EXPANSION FUND"; FOR DEVELOPED AND UNDEVELOPED ~ ACREAGE INSIDE AND OUTSIDE OF THE TOWN OF CARMEL ~ BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARMEL,' INDIANA: Sec. 1: "OWNERS OF REAL ESTATE" DEFINED Owners of real estate, as used in this ordinance, shall mean an individual, firm, company, corporation, governmental unit, or charitable and other non-profit organizations. . ~, '1 19Z:t This Instrument Recorded Sec. 2: ACREAGE COST JUNE M. HEDGES, RECORDER HAMILTON COUNl'f. IND. From and after effective date of this ordinance, no extension to any Town-owned water supply transmission line or to any part of , . the Town-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 Town of Carmel "WATER MAIN EXTENSION 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 Town of Carmel but shall be established as an acreage cost , based on the project cost of the transmission line(s), and/or exist- ing system reinforcing, necessary to provide adequate service to a service area of sub-area, as defined by the Town; 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 service may make payment by platted sections be.fore they are approved and recorded, but in no event shall any subdivision or final plats be approved by the Carmel Plan Commis- sion or building permits issued by the Building Commissioner until -1-' " , '. ,-"_._,-,,.~ - - . , satisfactory proof or surety of payment of the contribution is on file with the Town of Carmel and the Building Commissioner for Clay Township as agent for the Town of Carmel,. The" availabili ty to and paid into the project cos~ o of the specific off-site transmission line, on-site distribution \ system oversizing, and/or existing-system reinforcing, for which ~ it is paid. Project costs, in all cases, shall expressly include ~~ l>\ ~ contribution" will be allocated construction costs, legal costs, engineering costs, construction inspection costs, permit costs, project administrative costs and easement acquisition costs. All elements of these project costs must be disbursed by the Town ftom the funds deposited as "avail- ability 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 cost per acre is not needed for a specif1c development, the excess, if any, will remain in the fund to be disbursed as hereinafter provided. Sec. 3: EXCLUSION Acreage "availability contributions" for off-site transmission line, on-site distribution system oversizing, and/or existing system reinforcing construction may, at the Town's discretion, be excluded for areas platted such as cemeteries, golf courses, and parks which are designated as such on approved plats. Sec. 4: ADDITIONAL FUNDS CONTRIBUTED The above acreage "availability contributions" shall be strictly non-refundable. If funds in addition to the "availability contributions" ar,e 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 water service to "the the owners of real-estate within the service area or sub-area"such additional funds_advanced or contributed by the owners of real estate for the extension, reinforcing, and/or -2- ~.\. BOO~"':4.G" 251- oversizing to meet the Town's requirements, is refundable, without interest, but only from funds deposited at a future date by owners of real estate under such terms and conditions as the Town shall, from time to time, set forth. The above described "additional funds" must be first deposited with the Town, and be disbursed in the manner prescribed by the Town if 'these funds are to qualify for refunding. In no event will any of the Town water system revenues be used, committed or encumbered to repay any such funds advanced or contributed, nor will the Town's General Funds be used, committed 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 the so-called "Fifteen Year Law" (Burns Annot. Stat. Sees. 48-3948 through 48-3967) and will be repaid only from deposits outstanding in the "Water Main Extension Fund", first in, first out, for each service area or sub-area. Sec. 5: OVERSIZING AND REINFORCING Refunding of costs for oversizing to meet Town specifications shall be made only as to that portion of the oversizing which lies within the real estate owners' development. Refunding of costs for reinforcing the Town's existing water distribution system in order to provide adequate service to the development shall be determined by the Town. In the event the "availability contribu- tion" per acre does not provide sufficient funds to extend and/or oversize the transmission line or to reinforce the existing system, as needed, no construction permit will be issued by the Town unless the owners of real estate advance and pay the excess project costs. Sec. 6: INQIVIDUAL CONTRIBUTIONS Where an individual connection is sought for acreage or developed areas inside or outside the corporate limits of the Town . of Carmel, the following water users, listed by type of occupancy, -3- BOOK 136 PAGE 252 . shall pay a contribution to aid in construction of additional water supply, treatment, and storage facilities, into the Town of Carmel "WATER FACILITIES EXPANSION FUND", which is a depository for said contributions. The funds accumulated will be used to assist in financing the cost of construction of the above described facilities . . . . when they are. required.,. The'!~quival'en t" . us er unit,. 0 f .( l)'~ll3)~~sed)" . ..."- ,:~, '>" " . .,.... ." .' _. . ',"'_ ".- . . ;..c..-,.-........ .--., Co": on.a single familyresidence,.and the "equivalent"usercClntributiOn is hereby initially fixed at Seventy-five Dollars ($75.00). The units listed below will presently pay a contribution based on the multiplication of the listed decimal times $75.00. The equivalent user contribution of $75.00 as well as the multiplication factors listed below may, from time to time, be updated and changed by the Town. EQUIVALENT USER CONTRIBUTION MULTIPLIER WATER USER UNIT Airports Apartments Barber Shop . Bars & Cocktail Lounges W/Restaurant Add: Beauty Shops Bowling Alley W/Bar Add: Car Washes Churches Dentist Office Drive-In Restaurants Drive-In Theatres Retail Space W/Fountain Service, Add: Duplex Residence Institutions other than Hospitals Laundry (Commercial) Laundrette Mobile Home Park Motels Offices Physicians Office. Restaurant Rooming Houses Service Stations Single Family Residence Swimming Pools Theatre Town House 0.03/Passenger 0.70/Apartment o . 3D/Chair O.OS/Seat o.lO/Seat 0.90/Chair o .40/Alley 2.0/Alley O.OOB/sq. ft. inside O.OOl/Member 1.4/Chair 0:.40/Car Space O..lO/Car Space 1.0/per 1000 sq. ft. o.OS/Seat 2.0 O.SO/Bed 60.0 2.0/Machine O.SO/Unit 0.70/Rbom ~.S/per 1000 sq. ft. 0..60/Examining Room o.lO/Seat 0.30/Rentor O. 70/Is land 1.0 t.60/1000 sq. ft. O.Ol/Seat D.BO/Unit Contribution of users not listed will be.computed bas~d on estimated -4- " usage. Users listed above shall also be billed a monthly water rate according to established rates. BOO" -f'lCp . 253 "--A.&..lU- AGE Except for residential users, where a user has consumed metered water for a continuous 12 month period, the Town will review its unit .contribution set forth for the preceding 12 month metered period and will adjust the unit contribution in accordance with actual usage, either upward or downward as the metered usage reflects, which adjustment will fix the unit contribution for the particular . user .and no further adjustment will thereafter be made. For the purpose of reviewing the unit contribution, the usage of a single family residence will be considered as 6,000 gallons per month. Sec. 7: OFF-SITE WATER MAINS All plans for transmission and reinforcing mains to be installed outside the area blfing.developed by the applicant for water service (Le. off-site water mains) shall be prepared by the Town of Carmel. All easements shall be made out to the Town of Carmel and shall be obtained by and, if necessary, paid for by the owners of real estate. Easements shall also be in a form approved by the Town. The owners of. real estate applying for water service shall deposit with the .Town of Carmel adequate funds or surety of payment to pay engineering and appurtenant non-construction project costs prior to the Town proceeding with preparation of plans. If the project does not proceed to completion after project costs are established, the money so deposited by the owners of real estate shall be non-refundable and will be used to pay incurred expenses. If. funds are in excess of expenses, they will be returned to the owners of real estate making.the deposit. If the project is com- pleted, the deposit will .be credited to the total project cost as defined in Sec; 2. -5- ,., . sOoL1.':lc- Sec. 8: APPROVAL AND COSTS OF ON-SITE SYSTEM ~p 2 . AG~.c:;54 The. owners of real estate obtaining a permit for water servi~ shall submit plans for their on-site water distribution system, including on-site transmission lines to the Town of Carmel, for their review and approval before start of construction. All construction and non-construction costs of the on-site system are to be borne by the owners of real estate. During construction of said on-site water system the owners of real estate shall pay the expense of an inspector for the Town of Carmel and upon completion of construction, shall provide certified "as-built" construction drawings and cer- tified construction costs to the Town. If "as-built" drawings are not provided within 3 months after completion of construction, the Town may prepare these drawings at the expense of the said owners of real estate. The Town will provide the inspector, or may approve, in writing, some person designated by the owners of real estate to serve as the inspector. In any case, the owners of real estate will pay the cost thereof to the Town of Carmel who will, in turn, pay the inspector. Sec. 9: INDIVIDUAL CONNECTIONS IN DEVELOPED AREAS If individual applicants for water service in already-developed acreag~ 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 Town to pay engineering and appurtenant costs prior to the authorization of the design for the local system extension by the Town and the receipt of bids. 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 used to pay incurred expenses. If monies are in excess of expenses, the excess will be returned to the individual making the depos+t. If the project is con~truct~d, the deposits of individual applicants shall be credited to the individual's costs outlined in Sec. 10 hereinafter set forth. -6- '- . All facilities covered by this section Soo/<' 136' PAG" 255 of the ordinance will be constructed in existing dedicated streets, alleys, or easements; or the owners of real estate will obtain the required easements. If a connection is made to any transmission line or existing local distribution system without obtaining a permit and paying the re- qui red "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 'and be' required to remove the connection until the requirements of this ordinance are complied with. Sec. 10 : 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 in Sec. 6 above, there shall be added for each individual 'connection an ,amount which shall be com- puted as follows: (al "Availability contribution" - $5.00 per 1000 sq. ft. of lot area or fraction thereof, which amount is not refundable. plus, (b) "Local System Costs" - Each lot shall pay a pro-rated share of the project costs computed on the basis of dividing the project cost by the total number of water 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, engineering costs, inspection costs, permit and easement costs, preparation of assessment rolls, and project administrative costs. -7- "..\ ~' -".-' Sec. 11: l!s~1.tll: REPAYMENT 'fo INDIVIDUAL CONTRIBUTOR~ ~ - p4G~ 256 for, future connections made to the "local system~ Repayment as outlined in section lO(b), shall be reimbursed on the basis of the "Fifteen Year Law" (Burns Annot. Stat. Sec. 48-3948 through 48-396 7) . Sec. 12: OWNERSHIP OF SYSTEM All extensions to the Town of Carmel water system must be accepted by the Town before connection and once connected, shall be and remain thereafter the sole property of the Town of Carmel without further dedication thereof. Sec. 13: ANNEXATION REMONSTRANCE RESTRICTION All persons or corporations, their or its survivors, heirs, or assigns who shall connect to any water main built pursuant to thos Ordinance shall agree in writing prior to said connection, the Tm,m of Carmel. rights to remonstrate against annexation by Thl Instrument Recorded ~, 9 19 :1 P. sJUNE M, HEDGES, RECORDER HAMILTON COUNTY, IND. ,to waive their or its Sec. 14: EFFECTIVE DATE OF ORDINANCE This ordinance shall be in full force and effect from and after its passage. ADOPTED AND PASSED THIS 2 'f DAY OF (C)uf- ,197z BY THE BOARD OF TRUSTEES OF THE TOWN OF CARMEL, INDIANA. "1,'t4, 0,' (' \J~" '" ,I "~<"",:,::,,:.:'::J._- ,;.' ~~.~; < ;.".,tr)i,/4~ 'c.' , , ,,'j, "1f:",:~i- .(\~,~ ~ \, ; " 't /I.- ,\I,', ~I ~. ',~ ,''j 1)'/ " "~i- "'1'~'/' , _ i',,' ,/ _ l '.I ,"'4..~,., / ~<:J "(: J'O,II_t;'CO'~\~" BOARD OF TRUSTEES OF TOWN OF CARMEL Owen S. Kern \~ , President By: ~"""' ~-.--. s:-: / . M~~~~I V fu fOR RaD :AT " '& O'Q.OCK ,;:' ,M NOV 91972 lOOt- PAGE tIJ.~ ""'...AA~""oi! r-m-HIIllJL1I1IICIllIilr,IHDIMA Clerk-Treasurer -8-