HomeMy WebLinkAbout2021-06-30-224W1
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF THE WATER
TOWER CONNECTION FEE DISTRICT, PURSUANT TO SECTION 384.38 OF
THE CODE OF IOWA
WHEREAS, Section 384.38 of the Code of Iowa authorizes cities to establish by
ordinance connection fee districts and corresponding schedules of fees in order to allocate
the cost of improvements necessary to extend water service to properties within such a
district; and
WHEREAS, pursuant to Section 384.38, the City of Waukee (the “City”) has
proposed to establish the Water Tower Connection Fee District (the “District”) with a
corresponding schedule of connection fees, and has published notice of such proposal and
has held a public hearing thereon;
Be it Ordained by the City of Waukee, Iowa:
Section 224W.1. Definitions.
a) The “Water Tower Improvements” shall mean the construction of a cooperative
water tower structure, located at 1725 98th Street in the City of West Des Moines, Iowa,
and related improvements to the municipal waterworks system to be completed in the
year 2005.
b) The “Municipal Waterworks System” shall mean the facilities and services
provided by the City in providing drinking water, water service and water for fire
protection to its customers and the City.
c) The “City” shall mean the City of Waukee, Dallas County, Iowa.
d) The “Water Tower Connection Fee District” shall mean the geographic area
established in Section 3 of this Ordinance within which a water connection fee shall be
imposed.
Section 224W.2. Water Tower Improvements.
In response to, and anticipation of, the demands placed upon the Municipal
Waterworks System by ongoing growth and development, the City has entered into a
contract for th construction of a new water tower and related system upgrades. The City
hereby finds that the Water Tower Improvements are necessary to extend water service to
properties serving as the site for new development in the City.
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Section 224W.3. Water Tower Connection Fee District.
The Water Tower 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:
All real property within the incorporated boundaries of the City of Waukee as of
June 1, 2004, and all real property in the unincorporated areas lying within two miles of
said boundaries.
Section 224W.4. Water Connection Fees.
Water connection fees are hereby established and shall be imposed on owners of
properties lying within the Water Tower Connection Fee District at the time of
application by said owners to connect their properties to the Municipal Waterworks
System.
Section 224W.5. Water Connection Applications.
Applications by property owners within the Water Tower Connection Fee District
for connection of their property to the Municipal Waterworks System shall be due at the
time of submission of an application for a building permit relative to the property for
which the connection is sought. For mobile home owners, applications for connection of
their property to the Municipal Waterworks System shall be due at the time of submission
of an application for a Mobile Home Permit.
Section 224W.6. Schedule of Water Connection Fees.
a) Water connection fees shall be due at the time of submission of a Water
Connection Application as described in Section 5 of this Ordinance. Issuance of building
permits and/or Mobile Home Permits shall not occur until such time as any and all fees
have been paid in full.
b) Fees shall be based upon the equitable costs of extending service from the
Municipal Waterworks System to the property for which connection is sought. From the
effective date of this ordinance, fees shall be imposed in the following amounts:
i) For Single Family Residential properties within the Water Tower
Connection Fee District - $1,298.56 per acre of property to be served by the connection
to the Municipal Waterworks System.
ii) For Attached Residential properties within the Water Tower
Connection Fee District - $2,652.21 per acre of property to be served by the connection
to the Municipal Waterworks System.
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iii) For Multi-Family Residential properties within the Water Tower
Connection Fee District - $3,657.84 per acre of property to be served by the connection
to the Municipal Waterworks System.
iv) For Mobile Home properties within the Water Tower Connection
Fee District - $1,298.56 per acre of property to be served by the connection to the
Municipal Waterworks System.
v) For Commercial properties within the Water Tower Connection
Fee District - $1,646.58 per acre of property to be served by the connection to the
Municipal Waterworks System for fire storage benefit plus $12.69 per fixture unit (as
defined in the 2003 International Building Code) on the property for average day usage
benefit.
vi) For Industrial/Business Park properties within the Water Tower
Connection Fee District - $1,646.58 per acre of property to be served by the connection
to the Municipal Waterworks System for fire storage benefit plus $12.69 per fixture unit
(as defined in the 2003 International Building Code) on the property for average day
usage benefit.
Subsection (c) repealed; October 17, 2005 – Ordinance 2544
Section 224W.7. Effect of Schedule.
The schedule of water 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 Water Tower Connection
Fee District. Nothing herein is intended to restrict the City Council of the City from an
adjustment to the schedule of water connection fees to reflect future construction costs.
Section 224W.8. Repealer.
All ordinances and resolutions or parts of ordinances and resolutions in conflict
with the provisions of this Ordinance are hereby repealed.
Section 224W.9. Severability.
If any section, provision, sentence, clause, phrase or part of this Ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of
the Ordinance as a whole or any provision, sentence, clause, phrase or part of this
Ordinance not adjudged invalid or unconstitutional.
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Section 224W.10. Violations.
Any person who violates the provisions of this Ordinance shall subject their
property to immediate discontinuance of water 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.
Section 224W.11. Effective Date.
This Ordinance shall be in full force an effect from and after August 6, 2004.
Passed by the Council of the City of Waukee, Iowa, the 2nd day of August 2004.
August 2, 2004 – Ordinance 2483