(A) The Huntertown Sewage Service Area is hereby defined and established as the area generally described as bounded on the north by the Allen County line beginning at its intersection with the centerline of Coldwater Road, thence west to a point in Section 3 of the Eel River Township established by the extension of the centerline of the Johnson Road in Eel River Township to its intersection with the Allen County line, thence south through Sections 3, 10, 15, 22, and 27 of the Eel River Township along the line so established to the point where it meets the intersection the centerline of Carroll Road in Eel River Township, thence east along the centerline of the Carroll Road to a point at which the center line intersects the east line of Section 29 in Perry Township, thence north on and along said east line of Section 29 in Perry Township and the centerline of Dunton Road to the south right-of-way of Gump Road in Section 16 in Perry Township, thence east along said south right-of-way to the east boundary line of the Timber Ridge Group, LLC property (Parcel ID No. 02-02-16-451-001.000-057) platted as Timber Ridge Subdivision, thence south on and along said property line to the south property line of said Timber Ridge Group, LLC, thence east along the south boundary line of Cedar Canyons Elementary School to the centerline of Coldwater Road, thence north on and along the center line of Coldwater Road to the point of beginning, all as depicted on the schematic which is attached to Ordinance 16-003 as Exhibit “A”, which shall control over the foregoing general description.
(B) As of October 21, 2013, the town shall hold an exclusive license to provide sanitary sewage service within the Huntertown Sewage Service Area, and the Huntertown Sewer Utility shall be the exclusive provider of sewage service to the public within the Huntertown Sewage Service Area, excepting only those end service users (“customers”) which are served by the City of Fort Wayne Sewer Utility with sewage service as of October 21, 2013.
(C) As of October 21, 2013, no other utilities are permitted to provide sewage service within the Huntertown Sewage Service Area, and all other utilities are expressly prohibited from furnishing sewage service to customers within the Huntertown Sewer Service Area, except as provided in division (B) above.
(D) No end service user shall permit a connection to sewer service within the Huntertown Sewage Service Area by any other sewage service provider except as permitted in division (B) above.
(E) The town’s existing rules and regulations for sewer service, as amended from time to time, shall apply to and within the Huntertown Sewage Service Area.
(F) Residences with properly working septic systems shall not be compelled or mandated by the town to connect to the town’s wastewater system.
(G) The town shall not charge sewage rates to out-of-town customers that are different from those rates charged to in-town sewage utility customers.
(H) The town reaffirms its willingness to cooperate and agree with the Allen County Regional Water and Sewer District for the continuation of septic relief operations in its current areas of service that may remain within the Huntertown Sewage Service Area.
(I) The town acknowledges that it is required to pay Fort Wayne (Fort Wayne City Utilities) the wholesale sewage rates and charges set forth in the Commission’s May 20, 2015, order in Cause No. 44519, and to comply with the terms and conditions outlined in that order until January 1, 2020, or until the town’s wastewater treatment plant is completed and operational, whichever shall first occur.
(Ord. 13-006, passed 10-21-13; Am. Ord. 15-001, passed 5-29-15; Am. Ord. 16-003, passed 5-11-16) Penalty, see § 50.99