(A) Preliminary Matters.
(1) The Barrett Law Statute, I.C. 36-9-36, allows municipalities to construct sanitary sewers, street lighting, sidewalks and storm sewers. In each case, those benefited pay their share of the improvements over a ten-year period, or the cost may be paid up front.
(2) To begin a Barrett Law Sewer project, the neighborhood may request the Wastewater Utility to conduct an informational meeting. The utility, or its engineer, will explain the Barrett Law process, annexation, conceptual design, preliminary costs and other neighborhood needs.
(3) If the neighborhood wishes to proceed, the Board of Public Works and Safety will request the Health Department conduct a survey of the condition of the septic systems.
(4) The County Sanitarian may request the Board of Public Works and Safety initiate a Barrett Law sanitary sewer project in a neighborhood due to failing septic systems creating a health hazard.
(B) Master Plan
(1) The Board of Public Works and Safety shall maintain a general engineering agreement to assist and advise the Wastewater Utility and the Board on Barrett Law Sewer matters.
(2) The Board shall develop a Barrett Law Master Plan including preliminary sewer design and opinion of probable cost for each un-sewered, platted subdivision in the Wastewater Service District. The Barrett Law Master Plan shall be updated on an annual basis. Additional information is provided in the appendices of this chapter.
(C) Petition.
(1) Property owners in favor of the project shall sign and submit a petition consenting to annexation, and requesting improvements be designed and constructed, to the Board of Public Works and Safety. The petition form is shown in Chapter 50 Appendix, Exhibit A. A minimum of 60% of the property owners in the project area must sign the petition prior to submittal to the Board.
(2) The consent to annexation form shall be as provided in Chapter 50 Appendix, Exhibit B.
(3) A property owners' guideline to Barrett Law Sewers has been developed.
(D) Board of Public Works and Safety Approval
(1) At the Board of Public Works and Safety's requests, the Department of Planning and Development shall complete a fiscal study to determine the impact of annexing the neighborhood requesting sanitary sewer service.
(2) The Board shall hold a public hearing. All affected property owners shall be notified by mail. Any affected property owner may speak at the public hearing. The public notice format shall be as provided in Chapter 50, Appendix Exhibit C.
(3) The Board shall consider:
(a) The petition presented by the property owners in the neighborhood;
(b) The Health Department's report on septic system condition;
(c) Any comments from the public; and
(d) The health and environmental benefits vs. the projected cost.
(4) Guidelines for the administration of the Barrett Law Program and determination of benefit and cost have been developed.
(5) After the Board considers the health and environmental benefits and the cost of the project, they will pass a recommendation to the Common Council to pass or deny the ordinance to provide sanitary sewer service and annexation for the project area. The recommendation and proposed Ordinance for sewer availability and annexation for Barrett Law Sewer construction shall be as provided in Chapter 50 Appendix, Exhibit D.
(E) Common Council Approval
(1) The Common Council shall schedule a public hearing upon presentation of the Board of Public Works and Safety's recommendation on the pending sewer construction ordinance.
(2) The Common Council shall hear comments from the Engineer, Health Department and any person affected by the project.
(3) The Common Council shall approve or deny the ordinance request.
(4) If the Common Council approves the ordinance to provide sewer service, annexation will become effective 60 days after publication in the newspaper. Design of the sewer project will proceed immediately.
(5) If the Common Council denies the ordinance to provide sanitary sewer service, the project cannot proceed for at least one calendar year.
(6) If the Common Council determines other improvements such as street lighting, sidewalks or drainage improvements must be made at the same time to bring the neighborhood infrastructure up to current City standards, the Common Council shall provide 50% of the funding for the additional improvements.
(F) Design
(1) The Board of Public Works and Safety shall award a contract for design of the sewer system.
(2) The Engineer shall prepare plans, specifications, preliminary assessment roll and opinion of probable cost for the project.
(3) The Engineer shall hold informational meetings with the property owners to determine other necessary improvements, locate laterals, schedule plumbing inspection and discuss access and construction related issues.
(4) The Engineer shall present the final design, preliminary assessment roll and cost to the Board of Public Works and Safety.
(G) Project Confirmation
(1) The Board of Public Works and Safety shall consider the project cost vs. the health and environmental benefits and determine if the benefits exceed the cost.
(2) If the benefits exceed the cost, the Board shall pass a resolution (form shown in Chapter 50 Appendix, Exhibit E) and schedule a public hearing.
(3) All property owners affected by the project shall be notified of the public hearing.
(4) The Board shall conduct the public hearing and listen to comments from all who wish to speak.
(5) If, after considering public comment as well as the health and environmental benefits and the cost of the project, the Board determines the special benefit to the property equals the estimated cost, they shall confirm the resolution and the project shall move forward into construction.
(6) If the Board determines the special benefit is less than the cost, the resolution shall be rescinded and the project may not proceed for at least one year. If the Board finds the municipality is benefited in an amount to cover the deficiency in cost to benefit, the project resolution shall be confirmed and the project shall move forward into construction after the Common Council approves the necessary funding.
(H) Construction
(1) The project is advertised for bids according to City and state purchasing laws and ordinances.
(2) After bids are received and evaluated, the Board of Public Works and Safety shall award a contract for construction.
(3) The contractor shall proceed with construction after receipt of a notice to proceed from the Board of Public Works and Safety. The Engineer shall conduct informational meetings with property owners as needed and shall inspect the work of the contractor.
(4) Project Completion
(5) The Engineer shall prepare the primary assessment roll for the Board of Public Works and Safety.
(6) The Board shall schedule a final public hearing.
(7) All affected property owners shall be notified of the final public hearing by mail.
(8) The Board shall conduct the final public hearing. The Board shall hear all comments from affected property owners.
(9) The Board shall accept or modify the assessment roll.
(10) The Board shall accept the construction as complete.
(11) The Board shall send notices to each property owner to connect to the sewer.
(I) Sewer connections and costs
(1) The property owner shall connect to the sanitary sewer and abandon their septic system within 90 days after the Board of Public Works and Safety issues a connection notice.
(2) The City shall waive the connection fee, and availability fee if the property owner connects to the sewer within the 90-day period.
(3) The City shall waive the street and park impact fees upon annexation of the project area into the City.
(4) The owners of each parcel of real estate served and benefitted by the project have the following payment options:
a. Payment of their entire special assessment at the completion of construction;
b. Payment of their entire special assessment over a 10-year period, including interest as determined by the Board of Public Works and Safety. A lien will be filed against the property in the amount of this special assessment. The property owner will be invoiced to collect the principal and interest due until the entire balance is paid in full. This will be in addition to and included on the regular monthly Wastewater Utility bill. Once the loan amount has been satisfied the lien against said property will be released. The lien will become payable in the event the title is transferred from the present owner(s) of the parcel.
(J) Independent audit.
(1) The Board of Public Works and Safety shall maintain a general engineering agreement to assist and advise the Wastewater Utility and the Board on Barrett Law Sewer matters.
(2) The Board shall develop a Barrett Law Master Plan including preliminary sewer design and opinion of probable cost for each un-sewered, platted subdivision in the Wastewater Service District. The Barrett Law Master Plan shall be updated on an annual basis.
(K) Violations.
(1) If a property owner does not connect to the sewer within 90 days of receipt of connection notice:
(2) The connection fee and availability fee shall not be waived.
(3) The Wastewater Utility shall begin charging the property owner the minimum monthly sewer use amount.
(4) If a property owner becomes delinquent in the payment of their Barrett Law assessment, the Wastewater Utility will impose late fees on the delinquent monthly charge.
(Ord. 22-08-20, passed 8-11-20)