HomeMy WebLinkAbout2021-06-30-2241
CONNECTION FEE DISTRICTS ESTABLISHED
AN ORDINANCE TO AMEND THE WAUKEE MUNICIPAL CODE, BY ADDING AND
ENACTING THERETO A NEW SECTION 224 RELATING TO THE PROCEDURE TO
BE UTILIZED IN ESTABLISHING CONNECTION FEE DISTRICTS AND
CONNECTION FEES TO RECOVER THE COSTS OF CONSTRUCTING SANITARY
SEWER FACILITIES AND WATER SYSTEM FACILITIES.
§224.1 Amendment. That the Waukee Municipal Code be, and the same is hereby
amended by adding and enacting thereto a new Section 224 of Chapter 200, Waukee Municipal
Code, relating to the procedure to be utilized in establishing connection fee districts and connection
fees to recover the costs of constructing sanitary sewer facilities, as follows:
A. The City has determined the necessity of establishing a policy and procedure to be
utilized to recover the cost of designing and constructing sanitary sewer facilities or
water system facilities in those instances in which a significant number of the
properties to be benefited by such facilities are not sufficiently developed to permit
the recovery of those costs through the special assessment process as provided in
Chapter 384, Division IV of the Iowa Code. The City hereby declares its intent to
utilize connection fees, as herein provided, to recover the costs of designing and
constructing such sanitary sewer facilities or water system facilities from property
owners who connect to such facilities subsequent to their construction.
It is the intent of this section to set forth the method of recovery of proportional cost
shares from those property owners who connect their properties to sanitary sewer
facilities or water system facilities subsequent to their construction, so that in the
event that all property, other than the City right-of-way, which lies within the
benefited district is connected to the sanitary sewer facilities or water system
facilities during their expected useful life, then those properties shall bear, in the
aggregate, up to 100% of the cost of designing and constructing such facilities,
including legal and administrative expenses associated therewith, and interest
thereon.
B. In the event the City Council has determined the necessity of constructing a sanitary
sewer facility or water system facility, and the owner or owners of tract of land
outside the assessment district of said sanitary sewer facility or water system facility
desire connection thereto, and the City determines that the utilization of a connection
fee is the most equitable manner in which to recover the City's costs associated
therewith, the City Council shall proceed in compliance with §384.38, Code of
Iowa, and as follows:
1. The City shall cause a "Notice of Public Hearing on the Proposed Adoption
of an Ordinance to Establish a "Connection Fee District" to be published in a
newspaper of general circulation within the City as hereafter provided. In
addition to indicating the date, time, and place of the public hearing, the
notice shall:
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2. Indicate the nature and extent of the sanitary sewer facility or water system
facilities constructed to which the tract or tracts in the connection fee district
is to be connected, as well as the estimated costs or costs for the design and
construction of same;
3. Identify by general description the proposed connection fee district to be
served by the sanitary sewer facility or facilities; and
4. Set forth the proposed schedule of connection fees to be paid by property
owners within the benefited district who connect to said facilities, expressed
in dollars per acre of land area served for single family residential housing.
Connection fees will be adjusted upward for higher volume users.
C. At the public hearing, the owners or occupants of properties within the proposed
connection fee district shall be heard and may offer comments or objections as to:
1. the necessity for connection to the sanitary sewer facility or water system
facility;
2. the calculation of the area benefited by the connection fee district;
3. the estimated costs of the facilities to which the tract or tracts in the proposed
connection fee district or districts is to be connected; and
4. the proposed connection fee as to each tract or lot in each tract.
Upon concluding the hearing, the City Council shall rule upon the objections
presented during the hearing and may consider the proposed Ordinance to Establish
a Connection Fee District. Upon consideration of the proposed Ordinance to
Establish a Connection Fee District, the City may:
1. Create the connection fee district as proposed and affirm the proposed
connection fee.
2. Alter the proposed connection fee district or the proposed connection fee; or
3. Make any other provision relative to the proposed connection fee district or
connection fee which the council determines to be equitable in the premises.
D. The Ordinance to Establish a Connection Fee District may provide, at the City
Council's discretion, that single family residences within the connection fee district,
in existence or under construction upon the effective date of the ordinance, and
located within the corporate limits of the City of Waukee, are eligible for connection
to the sanitary sewer facilities or water system facilities. In that event, the ordinance
shall include the following provisions:
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1. That the owners of residences on parcels of less than one acre in size located
within the City of Waukee may connect such residences to the sanitary sewer
facility or water system facility upon approval of their application for
connection, payment of connection fees for the parcel, and construction of
appropriate connection structures, as determined necessary by the City
Engineer; and
2. That the owners of residences on parcels in excess of one acre in size located
within the City of Waukee may connect such residences to the sanitary sewer
facility or water system facility upon approval of their application for
connection, subdivision of said parcel into a residence parcel and an outlot,
payment of the connection fee for the residence parcel, and construction of
appropriate connection structures, as determined necessary by the City
Engineer.
All other property located within the corporate limits of the City of Waukee and
within a connection fee district shall be eligible for connection to the sanitary sewer
facility or water system facility upon approval of an application for connection by
the owner thereof, as hereafter provided, and payment of the connection fee for such
property, provided such property has been appropriately subdivided for
development, and provided that all sanitary sewer improvements or water system
improvements necessary to serve said property have been constructed and approved
by the City. Notwithstanding any other provision of this ordinance, the City may
refuse connection if, in the opinion of the City engineer, the facilities are not capable
of handling the additional flows from such proposed connection district.
E. After adoption and publication of an Ordinance to Establish a Connection Fee
District, the owners of those properties within said district whose properties are
eligible for connection, and who propose to connect such properties directly or
indirectly to the sanitary sewer facility or water system facility, shall make
application to the City Administrator for such connection. No connection shall be
made to a sanitary sewer facility or water system facility until such application has
been approved and until the required connection fee has been paid.
F. The connection fee shall be in an amount equal to the maximum acre area of
contiguous property, or fraction thereof, within the connection fee district under such
ownership which can be lawfully served through such proposed connection,
multiplied by the per acre connection fee established in the Ordinance to Establish a
Connection Fee District for that district. Provided, however, connection fees will be
adjusted upward for higher volume users. Said ordinance may provide for a
graduated connection fee, with annual interest adjustments, such that property
owners who connect in later years pay interest on the connection fee for their
property. The rate of interest applicable to the connection fee established in each
connection fee district shall not exceed the rate of interest applicable to special
assessments pursuant to Chapter 74A and Section 384.60(3) of the Iowa Code in
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effect on the date that the connection fee was established for that district by
enactment of Ordinance to Establish a Connection Fee District.
G. The sewer connection fee or water connection fee required by this section is in
addition to, and not in lieu of, any other fees for connection required under the
plumbing code or other provisions of the Waukee Municipal Code.
H. In the event any property owner connects his or her property to a sanitary sewer
facility or a water system facility without having made application therefor or
without having received approval thereof, or without having paid the required
connection fee established by an Ordinance to Establish a Connection Fee District,
the City shall be entitled to disconnect such private sewer or water connection until
such time as the property owner has made and received approval of his or her
application, and/or has paid the required connection fee.
April 5, 1999 – Ordinance No. 2278