(A) The rates and charges fixed in this subchapter shall apply to lots, parcels or real estate, buildings, dwelling units, and business units located within the boundaries of the city.
(B) For service rendered by the sanitary sewerage system and sewage treatment works to lots, parcels or real estate, buildings, dwelling units, or business units located outside the boundaries of the city, the rates and charges, including the minimum charge, shall be 150% of those rates and charges established herein, and all other provisions of this subchapter shall be applicable to users located outside the boundaries of the city.
(C) All person or corporations, including survivors, heirs, or assigns who own lots, parcels or real estate, buildings, dwelling units or business units located outside the boundaries of the city and who desire and request services rendered by the sanitary sewage system and sewage treatment works must first consent in writing to waive their right of remonstrance against annexation by the city.
(D) The consent mentioned in division (C) above shall be substantially as follows:
“__________ of ________ (hereafter “Owners”) jointly and severally, and after having had an opportunity to consult with an attorney of their choosing, hereby voluntarily and without duress enter into this Non-Remonstrance Agreement with the City of Shelbyville, Indiana, by and through its Board of Public Works and Safety (hereafter “City”), and agree as follows:
(1) The owners are the fee simple owners of certain real estate (hereafter “Real Estate”), which is described on the attached Exhibit A, incorporated herein by this reference.
(2) In consideration of the city allowing the owners to obtain municipal sewer service from the city, the owners hereby waive their right to remonstrate against the annexation of any or all of the real estate by the city for a period of 50 years from the date that this agreement is last executed by a party hereto. Owners understand that the rates and charges to maintain municipal sewer service, including the minimum charge, shall be 150% of those rates and charges established by city ordinance, and this rate shall continue until the annexation process is final.
(3) The owners hereby agree that this agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors, assigns, and any and all subsequent owners of the real estate for the duration of this 50 year waiver period.
(4) This agreement shall be recorded by the city at the city’s expense in the Office of the Recorder for Shelby County, Indiana, and shall be effective as of the date last executed by a party hereto.”
(`81 Code, § 50.34) (Ord. 1678, passed 1-8-79; Am. Ord. 00-2380, passed 12-18-00) Penalty, see § 50.999