HomeMy WebLinkAbout2003-11-03-Ordinance 2446_Water Main Cost SharingORDINANCE NO.2446
AN ORDINANCE TO AMEND CHAPTER 211,WAUKEE MUNlCIPAL CODE,BY
ADDING THERETO SECTION 211.17 TO PROVIDE FOR SHARING OF COSTS OF WATER
MAIN AMONG DEVELOPERS,PROVIDING PAYMENT FOR PROPORTIONATE COSTS
OF INSTALLATION.
1
Section 1.Amendment.Chapter 211,Waukee Municipal Code is hereby amended by
adding thereto the following Section 211.17:
211.17 Sharing of Main Costs.Where there are properties being
developed that are separated by public access or streets and the
properties can be served by one water main,the Waukee City
Council shall determine the side of the street on which the main will
be located.The costs of installation of the main shall-be borne by
the developer who first develops the adjacent public access.Any
person,film or corporation who wishes to connect to the existing
main to furnish water to the property on the opposite side of the
public access,shall be required to pay the developer who originally
installed said main,one-half of the per foot cost of installation times
the number of frontage feet owned by the person,fum or corporation
desiring to make said connection,subj ect to the following terms and
conditions:
A.All agreements entered into pursuant to this policy shall
provide the cost to the original developer and to the maximum
8l11OlU1tof permissible reimbursement prior to actual installation
which agreement may not thereafter be modified.
B.All agreements allowing for reimbursement shall become
null and void after the expiration often years from the acceptance of
the final plat filed by the developer bearing the initial cost.
C.Any person,firm or corporation which becomes insolvent or
ceases to do business after the signing of an agreement contemplated
by this policy shall not be entitled to reimbursement and my
agreement with such person,firm or corporation,shall become null
and void.
D.The City Council's decision on my disputed matter
concerning this policy shall be final.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions
ofthis ordinance are hereby repealed.
Section 3.Severability Clause.If my section,provision or part of this ordinance shall be 1
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,tills 3Td day of November 2003,and
approved this 3'd day of November 2003.
Attested:/Il,
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