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HomeMy WebLinkAbout2021-06-30-224FTO PROVIDE FOR THE ESTABLISHMENT OF THE ALICE’S ROAD CORRIDOR SEWER CONNECTION FEE DISTRICT PURSUANT TO SECTION 384.38 OF THE CODE OF IOWA. Section 1. The Waukee Municipal Code is hereby amended by enacting and adding thereto Chapter 224F as follows: Section 224F.1. Definitions. a) The “Alice’s Road Corridor Sewer” shall mean the improvements extending sewer capability to the district consist of construction of the Alice’s Road Corridor Sewer project included approximately, 11,117 linear feet of 24-inch diameter gravity flow sanitary sewer, 595 linear feet of 18-inch diameter gravity flow sanitary sewer, 708 linear feet of 15-inch to 8-inch diameter gravity flow sanitary sewer, manholes, drop connections, clearing and grubbing, surface restoration, and miscellaneous associated work. The Improvements encompassing the expansion of Waste Water Treatment capacity expansions necessary to provide for this extension are not included in this fee and are dealt with under a separate connection fee district ordinance. b) The “Municipal Sewer System” shall mean the facilities and services provided by the City in providing sewer to its customers and the City. c) The “City” shall mean the City of Waukee, Dallas County, Iowa. d) The “Alice’s Road Corridor Sewer Connection Fee District” shall mean the geographic area established in Section 3 of this Ordinance within which a sewer connection fee shall be imposed. Section 224F.2. Alice’s Road Corridor Sewer Improvements. In response to, and in anticipation of, the demands and needs pertaining to the property comprising the benefited area established in section 224F.3 below, the City has expanded and extended the municipal sewer system to include the Alice’s Road Corridor Sewer and implements of conveyance to the waste water treatment facilities used by the City so as to expand and extend service to the benefited area. The City hereby finds that the Alice’s Road Corridor Sewer Improvements are necessary to extend sewer service to the benefited area. Section 224F.3. Alice’s Road Corridor Sewer Connection Fee District. The Alice’s Road Corridor Sewer Connection Fee District is hereby established, and shall include the following real property situated in the City of Waukee, County of Dallas, State of Iowa: Beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 9, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa; thence North along the West line of said Northeast 1/4 of the Southwest 1/4, the West line of the Southeast 1/4 of the Northwest 1/4, the West line of the Northeast 1/4 of the Northwest 1/4 all in said Section 9, and continuing North along the West line of the Southeast 1/4 of the Southwest 1/4 and the West line of the Northeast 1/4 of the Southwest 1/4 of Section 4, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa to the South line of Westown Meadows Plat 2, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa; thence East, along the South line of said Westown Meadows Plat 2 to the Southeast corner of said Westown Meadows Plat 2; thence North, along the East line of said Westown Meadows Plat 2 , to the North line of Government Lot 14 of said Section 4; thence West along said North line to the intersection of the center line of SE Westown Parkway and the centerline of SE Willowbrook Drive; thence North along the centerline of said SE Willowbrook Drive to the intersection of said centerline of SE Willowbrook Drive and the centerline of SE Driftwood Lane; thence East along the centerline of said SE Driftwood Lane to the intersection of said centerline of SE Driftwood Lane and the centerline of SE Peachtree Drive; thence North along the centerline of said SE Peachtree Drive to the intersection of said centerline of SE Peachtree Drive and the South line of Lot 55, Grant Park 2, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa, extended Westerly to said centerline of SE Peachtree Drive; thence Easterly, along the South line of Lots 55, 65, 66 and 67 in said Grant Park 2 to the Southeast corner of said Lot 67; thence North along the East line of Lots 67 thru 73 in said Grant Park 2 to the Southwest corner of Lot 77 in said Grant Park 2; thence East, along the South line of said Lot 77 to the Southeast corner of said Lot 77, said point also being on the West right-of-way of SE Parkview Crossing Drive; thence South along said West right-of-way to a point on the North line of Outlot Z in said Grant Park 2; thence East, along said North line of Outlot Z and the South line of Lot 78 in said Grant Park to the Southeast corner of said Lot 78; thence North, along the East line of Lot 78, 79 and 80 in said Grant Park 2 to the Northeast corner of said Lot 80; thence West, along the North line of said Lot 80 to the Northwest corner of said Lot 80, said point also being on the East right-of- way of said SE Parkview Crossing Drive; thence North along said East right-of-way to the Northwest corner of Outlot X in said Grant Park 2; thence East, along the North line of said Outlot X and the North lines of Government Lot 10 and Government Lot 9 of said Section 4 to the Northeast corner of said Government Lot 9; thence South along the East line of said Government Lot 9 and the East line of Government Lot 16 of said Section 4 and the East line of the Northeast 1/4 of the Southeast 1/4 to the Southeast corner of the Northeast 1/4 of said Northeast 1/4 of the Southeast 1/4; thence Southwesterly, to the Northeast corner of Lot 16, Dolmage Estate Plat 2, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa; thence South, along the East line of Lots 16 and 5, Dolmage Estates Plat 2 to the Northeast corner of Lot 6, Dolmage Estates Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa; thence South, along the East line of said Lot 6 to the North line of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 9; thence East, along the North line of said West 1/2 of the Northeast 1/4 of the Northeast 1/4 to the Northeast corner of said West 1/2 of the Northeast 1/4 of the Northeast 1/4; thence South, along the East line of said West 1/2 of the Northeast 1/4 of the Northeast 1/4 and the East line of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 to the North right-of-way of Interstate 80; thence Southwesterly, along proposed North ramps and proposed North right-of-way to the point of beginning. Section 224F.4. Sewer Connection Fees. Sewer connection fees are hereby established and shall be imposed on owners of properties lying within the Alice’s Road Corridor Sewer Connection Fee District at the time of application by said owners to connect their properties to the Municipal Sewer System as provided in section 224 5 herein. This fee shall be in addition to any other fee that may be applicable. Section 224F.5. Sewer Connection Applications. Applications by property owners within the Alice’s Road Corridor Sewer Connection Fee District for connection of their property to the Municipal Sewer System shall be due at the time of submission of an application for final plat approval relative to the property for which the connection is sought. If the property is not platted as part of development or redevelopment, the fee shall be paid prior to connection. Section 224F.6. Schedule of Connection Fees. a) Sewer connection fees shall be due at the time of plat approval as described in Section 5 of this Ordinance. The connection fee shall be in an amount equal to the maximum acre area of contiguous property, or fraction thereof, including but not limited, to the property that may be used or dedicated by/to the public such as parkland, rights of way and easements, within the connection fee district, under such ownership which can be served through such proposed connection, multiplied by the per acre connection fee established below. b) The Fees are based upon the equitable costs of extending sanitary sewer service to the benefited area. From the effective date of this ordinance, unless otherwise amended, fees shall be imposed on a per acre basis in the amount of $4,000.00 per acre. The connection fee shall escalate 3% per year, compounded annually, commencing January 1, 2015. c) The sewer connection fee required under this section is in addition to, and not in lieu of, any other fees for connection required under the plumbing code, connection fee ordinances or other provisions of the Waukee Municipal Code. Section 224F.7. Effect of Schedule. The schedule of sewer connection fees detailed in Section 6 of this Ordinance shall remain in force and effect until such time as the City Council of the City adopts an ordinance amending and adjusting the schedule of fees for the Alice’s Road Corridor Sewer Connection Fee District. Nothing herein is intended to restrict the City Council of the City from an adjustment to the schedule of sewer connection fees. Section 224F.8. Illegal Connections/Disconnection. 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 therefore 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 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. Section 224F.9. Violations. Any person who violates the provisions of this Ordinance shall subject their property to immediate discontinuance of sewer service until such violation has been corrected by payment of the appropriate amount. Nothing herein shall restrict the City from seeking any remedy in law or in equity against any person or entity in violation of the provisions of this Ordinance. October 21, 2013 – Ordinance 2749