(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CONTIGUOUS." As stated in IC 36-4-3-1.5, as amended.
"EXISTING CUSTOMER." All persons with financial responsibility for a sanitary sewer service account as of the date of this section.
"NEW CUSTOMER." Any person opening an account for sanitary sewer service from the city after the effective date of this section, whether the service address was already being served as of the date of this section or not. A "NEW CUSTOMER" shall include a person who acquires real estate after the effective date of this section which was already connected to the city's sanitary sewer system as of the effective date of this section.
(B) Contiguous real estate. The city shall not provide sanitary sewer service to new customers if the service address to be served is outside the corporate limits and contiguous to the city unless such new customer petitions the city to annex the subject real estate, and commits to pursue such petition until the subject real estate is annexed into the city. After the petition to annex is filed, and before the annexation is finalized, the entity shall pay the charges described at division (C)(2).
(C) Non-contiguous real estate.
(1) Requirements. The city shall not provide sanitary sewer service to new customers if the service address to be served is outside the corporate limits but not contiguous to the city unless and until:
(a) The new customer executes and submits to the city in a form acceptable to the Council an Application and Agreement for Sewer Service as described in division (C)(2) below; and
(b) The Board of Public Works and the Mayor execute as accepting the Application and Agreement for Sewer Service.
(2) Application and Agreement for Sewer Service. The Application and Agreement for Sewer Service shall state that it constitutes a petition for annexation. It shall further state that the new customer commits and agrees, within 60 days of notification by the city, to execute and file a renewed voluntarily petition to annex the subject real estate and pursue such petition until such real estate is annexed by the city. Failure to submit the requested renewed petition or withdrawing or contesting the petition for annexation shall result in termination of sewer service. The Application and Agreement for Sewer Service shall further require the new customer to pay to the city an amount equal to 55% of the amount of each annual assessment of city taxes that would be assessed on the subject real estate if the subject real estate was located within the city without regard to any statutory or constitutional limits that might reduce the city taxes in such event. The Application and Agreement for Sewer Service shall contain terms that state any amount not paid by the due date shall be considered delinquent. The delinquent charge shall be 10% of the delinquent amount and shall be added to the total amount due. The Application and Agreement for Sewer Service shall also state that the delinquent amount together with any delinquent penalties, costs, and other expenses of collection may be collected by the city by any lawful remedy including the placing and foreclosure of real estate liens for the delinquent amount. The Application and Agreement for Sewer Service shall also provide that if, at the expiration of the term, the new customer does not wish to renew under the same terms and conditions, then the new customer must disconnect the property from the city's sewer system. It is the intention of this Council that for so long as the property remains connected to the city's sanitary sewer system, the terms of the Application and Agreement for Sewer Service shall apply. Further, if such terms do not apply for any reason, then it is the intention of this Council that sanitary sewer service to the property should cease.
(3) Consent to agreements. The Council hereby consents to any and all present and future agreements entered into by the Board of Public Works and the Mayor that contain terms described in this section. The Council shall be apprised of all executed agreements pertaining hereto.
(D) Water service. This section shall apply to all properties outside the corporate limits which are connected to the city's sanitary sewer system and which are also connected to the city's water utility. If the property remains connected to the city's sanitary sewer system even though this section prohibits the provision of or requires the termination of sanitary sewer service, the city shall terminate water service to the property.
(E) Every Application and Agreement for Sewer Service to unincorporated areas after the effective date of this section must be signed and submitted by the owner or owners of the real estate to be served.
(Ord. 2008-05-8, passed 11-3-08)