[BEFORE THE TELL CITY ADVISORY PLAN COMMISSION]
[Docket 200X-XXXX-PP]
[Muddy Creek Realty Company Inc.]
[Ribber Bend North Phase II]
“Tell City Sewer Department, a Municipal Sewer Department under I.C. 8-1.5-3-3(a) (1) hereby certifies that it has jurisdiction to furnish Sanitary Sewer and Waste Water Service to the development area described in Plan Commission Docket 200X-XXXX-PP known as Ribber Bend North. Ribber Bend North is a Residential Addition to the City of Tell City, Indiana.
We hereby further certify that there is a binding agreement between the Tell City Sewer Department and Muddy Creek Realty Company Inc., an Indiana Corporation, to provide Sanitary Sewer and Waste Water Services and other incidental service, in accordance with the following requirements:
1. Tell City Sewer Department will accept ownership and in due course of all necessary infrastructure required to provide its tariff services to lots X9 through lots X 99 in the development; provided, that the development receives secondary approval and is duly recorded; provided further:
a. The construction standards shall be in accordance with the standard policies of the utility or other provider of infrastructure or services provided that in no case shall the construction standards be less than those required by Tell City Title 15, Chapter 150 or Code 154;
b. The subject infrastructure will be provided without any additional cost to the tax payers of the City of Tell City, or customers of the utility„ unless a cooperative contribution is required to provide infrastructure sufficient to provide service to other current or future developments not incorporated in this particular case;
c. The subject infrastructure and/or service will be furnished and delivered in due course for the use of future owners of the development and customers of the utility;
d. The subject service or infrastructure will be provided under standard policies of the Tell City Sewer Department, and the subject services will be provided under its standard tariffs without any surcharge or special fees directly related to this case and location.
2. Tell City Sewer Department will ensure that maintenance of the infrastructure is adequate and continues during construction and for a suitable period thereafter.
3. The design of the subject infrastructure has given due consideration to capacity and location, including easements, for adjacent properties whether currently developed or likely to be developed in the future.
As signatory to this document I understand that this document is intended as material proof of a binding agreement with the developer to be relied on by the Plan Commission in its deliberations in the subject Case/Docket.
As signatory to this document I hereby certify that I am fully informed of the premises and understand the requirements. I further certify that I have full and unrestricted authority to execute this document.
[A duly executed resolution of the Board of Directors of Bibber Bend Sewer Department (The Tell City Board of Public Works) is attached and it authorizes me to sign this document]
Executed , 200X
John Doe, Superintendent
Tell City Sewer Department”
(Ord. 970, passed 3-5-2007)