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HomeMy WebLinkAbout1998-OR-81ORDINANCE NO. 98-_~__- at>t/ AN ORDINANCE REQUIRING EXECUTION & RECORDING OF WAIVER OF REMONSTRANCE AS A CONDITION FOR OBTAINING A SEWER TAP PERMIT OUTSIDE THE MUNICIPAL BOUNDARIES OF THE CITY WHEREAS, historically whenever a property owner requested a sewer tap permit from the Jeffersonville Municipal Sewer Utility (the "Utility") for a parcel of real estate outside of the municipal boundaries of the City of Jeffersonville (the "City"), the property owner was required to execute and record a waiver of remonstrance as a condition of receMng the sewer tap permk; and WHEREAS, the Utility is not required to extend sewer service to property outside of the City; and WHEREAS, sanitary and storm sewer service is required to allow real estate development in a characteristically urban fashion; and WHEREAS, often property owners whose real estate lies within close proximity to the City's municipal boundaries wish to develop their real estate in a characteristically urban fashion; and WHEREAS, for the public health, safety and welfare of all the residents within its statutory territory and for the benefit of the environment in the vicinity of the City, the Common Council wants to encourage orderly urban growth with adequate sanitary and storm sewer service; and WHEREAS, often when the Utility is able to provide sanitary and storm sewer services to a particular area outside the municipal boundaries of the City, the City is not yet able to provide all other services to the residents and businesses in that area; and WHEREAS, it is in the best interests of the City's residents for the City to expand its municipal boundaries only when it is financially feasible to provide all Other City services; and WHEREAS, the City does not wish to encourage its residents to move outside the City by providing some City services outside the City without requiring the residents and businesses receiving those services to: accept the urban character of their neighborhood, and be willing to reside within the City when it becomes financially feasible for the City to provide all other City services to them; NOW, THEREFORE, BE IT HEREBY ORDAINED, that as a condition of receiving a sewer tap permit from the Utility, any property owner who requests a sewer tap permit for a parcel of real estate outside of the municipal boundaries of the City, must execute and record a waiver of his/her right to remonstrate against the City's future annexation of the property for which the permk is requested. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 16th day of November, 1998. Thomas R. Gallig Presiding Officer ATTEST: Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this~a~ez'__'_~--_ day of __ .,/~_~_t-ff_._ ., 1998. C. Richard Spencer, Jr. Clerk and Treasurer .This Ordinance approved and signed by me this/__~'__~day of __zZ~_~_._ ,1998. R. Galligan, M~