[BEFORE THE TELL CITY ADVISORY PLAN COMMISSION]
[Docket 200X-XXXX-PP]
[Muddy Creek Realty Company Inc.]
[Ribber Bend North Phase II]
In the absence of a storm water utility in the city of Tell City the function of Storm Water Control is incorporated in the jurisdiction of the Board of Public Works by and through the Sewer Department of Tell City, organized pursuant to I.C. 8-1.5-3-3(a)(1) and the Street Department of Tell City organized under I.C. 36-4-4-3, 36-4-9-2 and 36-4-9-5(1). These entities have joint and several responsibilities for the control of storm water within the City of Tell City. Therefore the Tell City Board of Public Works certifies that it has jurisdiction to furnish Sanitary Storm Water Services to the development area described in Plan Commission Docket 200X-XXXX-PP known as Ribber Bend North. Ribber Bend North is a Residential Developed Addition to the City of Tell City, Indiana.
The undersigned hereby further certifies that there is a binding agreement between the Tell City Board of Public Works and Muddy Creek Realty Company Inc., an Indiana Corporation, to provide Storm Water Services and other incidental service, in accordance with the following requirements:
1. Tell City Board of Public Works will accept ownership of and in due course provide all necessary infrastructure required to provide storm water 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 entities named above or other provider of infrastructure or services provided that in no case shall the construction standards and services be less than those required by Tell City Title 15, Chapter 150 and or the City Zoning Ordinance;
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;
d. The subject service or infrastructure will be provided under standard policies of the entities under the jurisdiction of the Board of Public Works, 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. Entities under the jurisdiction of the Board of Public Works 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 adequate 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 The Tell City Board of Public Works is attached and it authorizes me to sign this document]
John/Jane Doe Chairman
Tell City Board of Public Works Executed , 200X
(Ord. 970, passed 3-5-2007)