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HomeMy WebLinkAbout2017-12-04-Ordinance 2870_Waukee Connection Fee DistrictORDINANCE NO.2870 AN ORDINANCE TO AMEND CHAPTER 200,WAUKKK MUNICIPAL CODE,BY REPEALING CHAPTERS 224D,224E,224G AND 224Y AND ENACTING IN LIEU THEREOF CHAPTER 224D ESTABLISHING THE WAUKEE CONNECTION FKE 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 sewer 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 Waukee 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 and WHEREAS,the District includes and replaces several previously established Connection Fee Districts including the R22 Sewer Connection Fee District (224D);South Area Trunk Sewer Connection Fee District (224E);Little Walnut Creek Regional Lift Station Connection Fee District (224G);and the Sugar Creek Pump Station Connection Fee District (224Y),although the District is larger in geography than the prior districts;and WHEREAS,in order to extend sewer to property within the District a series of sewer infrastructure improvements are necessary and will be utilized as identified in the Report on Waukee Connection Fee District conducted by Veenstra k Kimm,Inc.in October of 2017;and WHEREAS,establishment of the District is necessary to allow for and expand sewer infrastructure to property within the District. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1.The Waukee Municipal Code should be and is hereby amended by repealing chapters 224D,224E,224G and 224Y and enacting in lieu thereof Chapter 224D as follows: Section 224D.I.Definitions. a)The "Municipal Sewer System"shall mean the sewer facilities and improvements provided by the City so as to enhance capacity and enable the extension of sewer infrastructure throughout the City. b)The "City"shall mean the City of Waukee,Dallas County,Iowa. c)The "Waukee Connection Fee District"shall mean the geographic area established in Section 3 of this Ordinance within which a sewer connection fee shall be imposed. Page 1 of 13 d)"Waukee Sewer Improvements"shall mean those proposed improvements identified in the Report on Waukee Connection Fee District conducted by Veenstra &Kimm,Inc.in October of 2017. Section 224D.2.Waukee Sewer Im rovements. In response to,and anticipation of,the demands and needs pertaining to the property comprising the benefited area established in section 224D.3 below,the City has expanded and extended the Municipal Sewer System to include the sewer treatment and implements of conveyance to the waste water treat facilities used by the City so as to expand and extend service throughout the City,including the benefited area.In addition,the City has planned and anticipated additional sewer improvements necessary to extend sewer to property within the Waukee Connection Fee District.The City hereby finds that the Waukee Sewer Improvements are necessary to extend sewer service to the property within the Waukee Connection Fee District. Section 224D.3.Waukee Connection Fee District. The Waukee 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 Northeast corner of the Northwest I/4 of the Northwest I/4 of Section 17, Township 78 North,Range 26 West of the 5'P.M.,Dallas County,Iowa; Thence South along the East line of said Northwest I/4 of the Northwest I/4 to the intersection of said East line and the North line of Lot 2 of the Replat of Lot 5,Auditor's Plat of the Northwest Quarter of the Northwest Quarter of said Section 17,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence West along said North line of Lot 2;thence Southwesterly along said North line to the Northwest corner thereof; Thence South along the West line of said Lot 2 to the Southwest corner thereof; Thence Northeasterly along the South line of said Lot 2 to the intersection of said South line of Lot 2 and said East line of the Northwest I/4 of the Northwest I/4; Thence South along said East line of the Northwest I/4 of the Northwest I/4 and the East line of the Southwest I/4 of the Northwest I/4 of said Section 17 to the Northeast corner of Lot I of the Final Plat of Hougham Subdivision of the Southwest I/4 of the Northwest 1/4 of said Section 17, an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence West along the North line of said Lot I to the Northwest corner thereof; Thence South along the West line of said Lot I to the Southwest comer thereof; Page 2 of 13 Thence East along the South line of said Lot I to the Southeast comer thereof,said point being on the East line of said Southwest I/4 of the Northwest I/4; Thence South along the East line of said Southwest I/4 of the Northwest I/4 and along the East line of the Northwest I/4 of the Southwest I/4 and along the East line of the Southwest I/4 of the Southwest I/4 to the Southeast corner thereof,all in said Section 17; Thence West along the South line of said Southwest I/4 of the Southwest I/4 to the Northeast corner of Section 19,Township 78 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa; Thence South along the East line of said Section 19 to the Southeast corner thereof; Thence West along the South line of said Section 19 to the Northeast corner of Section 25, Township 78 North,Range 27 West of the 5 P.M.,Dallas County,Iowa; Thence West along the North line of the Northeast I/4 of said Section 25 to the Northeast corner of the Northeast I/4 of the Northwest I/O of said Section 25; Thence South along the East line of said Northeast I/4 of the Northwest I/4 to the Southeast corner thereof; Thence West along the South line of said Northeast I/4 of the Northwest I/4 to the Northeast corner of the Northwest I/4 of the Southeast I/4 of the Northwest I/4 of said Section 25; Thence South along the East line of said Northwest I/4 of the Southeast I/4 of the Northwest I/4 to the Southeast corner thereof; Thence West along the South line of said Northwest I/4 of the Southeast I/4 of the Northwest I/4 to the Southwest corner thereof; Thence North along the West line of said Northwest I/4 of the Southeast I/4 of the Northwest I/4 of Section 25 to the Southeast corner of the Northwest I/4 of the Northwest I/4 of said Section 25; Thence West along the South line of said Northwest I/4 of the Northwest I/4 to the Southwest comer thereof; Thence North along the West line of said Northwest I/4 of the Northwest I/4 to the Southeast corner of the Southeast I/4 of the Southeast I/4 of Section 23,Township 78 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence North along the East line of said Southeast I/4 of the Southeast I/4 to the Southeast corner of the Northeast I/4 of the Southeast I/4 of said Section 23; Page 3 of 13 Thence West along the South line of said Northeast I/4 of the Southeast I/4 and the South line oftheEastI/2 of the Northwest 1/4 of the Southeast I/4 of said Section 23 to the Southwest comerofsaidEastI/2 of the Northwest I/4 of the Southeast I/4 of Section 23; Thence North along the West line of said East I/2 of the Northwest I/4 of the Southeast 1/4 andalongtheWestlineoftheEastI/2 of the Southwest I/4 of the Northeast I/4 to the NorthwestcornerofsaidEastI/2 of the Southwest I/4 of the Northeast I/4 of said Section 23,said point being on the South line of the Northwest 1/4 of the Northeast I/4 of said Section 23; Thence West along the South line of said Northwest I/4 of the Northeast I/4 and along the SouthlineoftheNortheastI/4 of the Northwest I/4 of said Section 23 to the Southwest corner of saidNortheastI/4 of the Northwest I/4; Thence North along the West line of said Northeast I/4 of the Northwest I/4 of Section 23 to theSouthwestcorneroftheSoutheastI/O of the Southwest I/4 of Section 14,Township 78 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence North along the West line of said Southeast I/4 of the Southwest I/4 and the West linesoftheNortheastI/4 of the Southwest I/4 and the Southeast I/4 of the Northwest I/4 of saidSection14tothecenterlineofCountyHighwayF-64 (also known as S Avenue); Thence Northeasterly along said centerline of County Highway F-64 to the South line of Section11,Township 78 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence North along said centerline of County Highway F-64 to the intersection of said centerline and the South line of the Northeast I/4 of the Northwest I/4 of said Section 11; Thence East along said South line of the Northeast I/4 of the Northwest 1/4 to the intersection ofsaidSouthlineandthecenterlineofSAvenue; Thence Northwesterly along said centerline to the South line of the Southeast 1/4 of the Southwest 1/4 of Section 2,Township 78 North,Range 27 West of the 5'P.M.,Dallas County,Iowa; Thence West along the South line of said Southeast I/4 of the Southwest I/4 of Section 2 to theSouthwestcornerthereof; Thence North along the West line of said Southeast I/4 of the Southwest I/4 and the West line oftheNortheastI/4 of the Southwest I/4 of said Section 2 to the Southeast corner of GovernmentLot20ofsaidSection2; Thence West along the South line of said Government Lot 20 to the Southwest corner thereof; Thence North along said West line of Government Lot 20 to the Southeast corner of GovernmentLot16ofSection3,Township 78 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Page 4 of 13 Thence West along the South line of said Government Lot 16 of Section 3 to the Southwestcornerthereof; Thence North along the West line of said Government Lot 16 to the Southeast corner of Government Lot 10 of said Section 3; Thence West along the South line of said Government Lot 10 to the Southwest corner thereof; Thence North along the West line of said Government Lot 10 and the West line of GovernmentLot7ofsaidSection3totheSoutheastcornerofGovernmentLot3ofsaidSection3; Thence West along the South line of said Government Lot 3 to the Southwest corner thereof; Thence North along the West line of said Government Lot 3 to a point on the South line of theSouthwestI/4 of the Southwest I/4 of Section 36,Township 79 North,Range 27 West of the 5'" P.M.,Dallas County,Iowa; Thence West along the South line of said Southwest I/4 of the Southwest I/4 of Section 36 and along the South line of the Southeast I/4 of the Southeast I/4 of Section 35,Township 79 North,Range 27 West of the 5'P.M.,Dallas County,Iowa to the Southwest corner of said SoutheastI/4 of the Southeast I/4 of Section 35; Thence North along the West line of said Southeast I/4 of the Southeast I/4 and along the WestlinesoftheNortheastI/4 of the Southeast I/4 and the Southeast I/4 of the Northeast I/4 and theNortheastI/4 of the Northeast I/4 to the Northeast comer of said Northeast I/4 of the NortheastI/4,all in said Section 35; Thence East along the North line of said Northeast I/4 of the Northeast I/4 to the SouthwestcorneroftheSouthwestI/4 of the Southwest I/4 of Section 25,Township 79 North,Range 27Westofthe5'"P.M.,Dallas County,Iowa; Thence North along the West line of said Southwest I/4 Southwest I/4 and the West lines of theNorthwestI/4 of the Southwest I/4 and the Southwest I/4 of the Northwest I/4 to the NortheastcorneroftheSouth60RodsoftheSoutheastI/4 of the Northeast I/4 of Section 26,Township79North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence West along the South line of said South 60 Rods of the Southeast I/4 of the Northeast I/4 of Section 26 to the Northwest corner thereof; Thence North along the West line of said Southeast I/4 of the Northeast I/4 and the West line oftheNortheastI/4 of the Northeast I/4 of said Section 26 to the Southwest corner of the SoutheastI/4 of the Southeast I/4 of Section 23,Township 79 North,Range 27 West of the 5 P.M.,Dallas County,Iowa; Thence continuing North along the West line of said Southeast I/4 of the Southeast I/4 andalongtheWestlinesoftheNortheastI/4 of the Southeast I/4 and the Southeast I/4 of the Page 5 of 13 Northeast I/4 and the Northeast I/4 of the Northeast I/4,all in Section 23 to the Southwest corner of the Southeast I/4 of the Southeast I/4 of Section 14,Township 79 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence continuing North along the West line of said Southeast I/4 of the Southeast I/4 and along the West line of the Northeast I/4 of the Southeast I/4 of said Section 14 to the Northwest corner thereof; Thence East along the North line of said Northeast I/4 of the Southeast I/4 to the Northwest corner of the South I/2 of Section 13,Township 79 North,Range 27 West of the 5'"P.M.,Dallas County,Iowa; Thence East along the North line of said South I/2 of Section 13 to the Northwest corner of the South I/2 of Section 18,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County, Iowa; Thence East along the North line of said South I/2 of Section 18 to the Northwest corner of the South I/2 of Section 17,Township 79 North,Range 26 West of the 5 P.M.,Dallas County, Iowa; Thence East along the North line of said South I/2 of Section 17 to the Northwest corner of the South I/2 of Section 16,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County, Iowa; Thence East along the North line of said South I/2 of Section 16 to the Northeast corner thereof; Thence South along the East line of said South I/2 of Section 16 to the Northeast corner of Section 21,Township 79 North,Range 26 West of the 5 P.M.,Dallas County,Iowa; Thence South along the East line of said Section 21 to the Southeast corner thereof,said point also being the Northwest comer of Section 27,Township 79 North,Range 26 West of the 5'" P.M.,Dallas County,Iowa; Thence East along the North line of the Northwest I/4 of said Section 27 to the Northwest cornerofParcel'17-179'of the Northwest I/4 of the Northwest I/4 of said Section 27 as shown on PlatofSurveythereofrecordedinBook2017onPage8443intheofficeoftheDallasCounty Recorder; Thence South along the West line of said Parcel '17-179'to the Northwest corner of Lot 50,Corrected Fox Creek Estates Plat 6,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County Iowa; Thence continuing South along the West line of said Corrected Fox Creek Estates Plat 6 and the West line of Fox Creek Estates Plat 5,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County Iowa to the Northeast corner of Lot 7,said Fox Creek Estates Plat 5; Page 6 of 13 Thence West along the North line of said Fox Creek Estates Plat 5 to a point on the East line oftheNortheastI/4 of Section 28,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa; Thence South along the East line of said Northeast I/4 of Section 28 to the Northeast corner of the Northeast 1/4 of the Southeast I/4 of said Section 28; Thence West 265 feet along the North line of said Northeast I/4 of the Southeast I/4; Thence South 213 feet; Thence West 110 feet; Thence South to a point on the North line of Waukee YMCA Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence West along the North line of said Waukee YMCA Plat I to the Northwest corner thereof; Thence South along the West line of said Waukee YMCA Plat I to the intersection of said West line extended Southerly and the North line of a tract of land as shown on Acquisition Plat Exhibit"A",Plat I of 2 filed in Book 1999 on Page 386 in the office of the Dallas County Recorder extended Easterly; Thence West along said North line extended and along said North line to the East line of Shottenkirk Waukee Plat 2,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence North along said East line of Shottenkirk Waukee Plat 2 and the East line of Interstate Business Ventures Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa to the Northeast corner of said Interstate Business Ventures Plat I; Thence West along the North line of said Interstate Business Ventures Plat I and along the North line of Lot 6,Waukee Development Plat No I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa to the Southeast corner of the Northeast I/4 of the Southeast I/4 of Section 29,Township 79 North,Range 26 West of the 5 P.M.,Dallas County,Iowa; Thence North along the East line of said Northeast I/4 of the Southeast I/4 to the Northeast corner of the South 420 feet of the North I/2 of the Southeast I/4 said Section 29; Thence West along the North line of said South 420 feet of the North I/2 of the Southeast I/4 to the Easterly right-of-way line of the Chicago and Northwestern Transportation Company (now abandoned); Page 7 of 13 Thence Southeasterly along said Easterly right-of-way and along the Easterly line of Parcel "Z" in part of said Southeast I/4 of Section 29 to the East line of said Southeast I/4 of Section 29; Thence South along said East line of the Southeast I/4 of Section 29 to the Northwest corner of Section 33,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa; Thence continuing South along the West line of the Northwest I/4 of said Section 33 to the Southwest comer of Lot 29,Southview Estates,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa,said point also being the Northwest corner ofParcel17-67 of the Northwest I/4 of the Southwest I/4 of said Section 33 as shown on Plat of Survey thereof recorded in Book 2016 on Page 11332 in the office of the Dallas County Recorder; Thence East along the South line of said Southview Estates and along the North line of said Parcel 17-67 to the Northwest corner of Lot I,Clayton Commons Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence South along the West line of said Lot I,Clayton Commons Plat I extended Southerly to the Northeast corner of Parcel 17-67 as shown on the Plat of Survey thereof recorded in Book2016onPage11332intheofficeoftheDallasCountyRecorder; Thence South along the East line of said Parcel 17-67 to the Southwest corner of Parcel B of the Southwest I/4 of said Section 33 as shown on the Plat of Survey thereof recorded in Book 2008 on Page 14490 in the office of the Dallas County Recorder; Thence East along the South line of said Parcel B to the intersection of said South line and the centerline of 6'Street; Thence South along said centerline to the Northwest corner of Section 5,Township 78 North, Range 26 West of the 5 P.M.,Dallas County,Iowa; Thence continuing South along the West line of said Section 5 to the Southwest corner of Spyglass 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 Spyglass Plat 2 to a point on the West line of Outlot Z, Glynn Village Plat 10,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence South along said West line of Outlot Z to the Southwest comer of Government Lot 11 of said Section 5; Thence East along the South line of said Government Lot 11 to the Southwest corner of Government Lot 10 of said Section 5; Page 8 of 13 Thence continuing East along the South line of said Government Lot IO to the Southwest comer ' of Government Lot 9 of said Section 5; Thence North along the West line of said Government Lot 9 to the Southwest corner of Warrior Ridge,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County; Thence East along the South line of said Warrior Ridge to the Southeast corner thereof; Thence North along the East line of said Warrior Ridge to the centerline of SE Telby Lane; Thence East along said centerline to the East line of said Government Lot 9; Thence South along the East line of said Government Lot 9 to the Southeast corner thereof; Thence West along the South line of said Government Lot 9 to the Northwest corner of Government Lot 16 of said Section 5; Thence South along the West line of said Government Lot 16 to the Northwest corner of Parcel"AA"of the Northeast I/4 of the Southeast I/4 of said Section 5; Thence East along the North line of said Parcel "AA"to the Northeast corner thereof; Thence South along the East line of said Parcel "AA"to the South line of said Northeast 1/4 of the Southeast I/4 of Section 5; Thence East along the South line of said Northeast I/4 of the Southeast I/4 to the Southeast corner thereo f; Thence North along the East line of said Northeast I/4 of the Southeast I/4 to the South line of Bluestem Plat I,an Official Plat,now included in and forming a part of the City of Waukee, Dallas County,Iowa extended West to the West line of the Southwest 1/4 of Section 4, Township 78 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa; Thence East along said South line extended and the South line of Bluestem Plat I to the Southeast corner thereof; Thence North along the East line of said Bluestem Plat I to the Southwest corner of Kettlestone Ridge Plat I,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 Kettlestone Ridge Plat 1 to a point on the East line of the East I/2 of the West I/2 of the Southwest I/4 of said Section 4; Thence South along said East line to the Northeast corner of the Northwest I/4 of the Northwest I/4 of Section 9,Township 78 North,Range 26 West of the 5 P.M.,Dallas County,Iowa; Page 9 of 13 Thence South along the East line of said Northwest I/4 of the Northwest I/4 of Section 9 to the Southeast corner thereof; Thence West along the South line of said Northwest I/4 of the Northwest I/4 of Section 9 to the Southwest corner thereof; Thence North along the West line of said Northwest I/4 of the Northwest I/4 of Section 9 to the Northeast corner of the Northeast I/4 of Section 8,Township 78 North,Range 26 West of the 5' P.M.,Dallas County,Iowa; Thence West along the North line of said Northeast I/4 of Section 8 to the East line of Parcel 'A' of Lot 6,Replat of Gopher Hollow,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa,Parcel 'A*as shown on the Plat of Survey thereof recorded in Book 2002 on Page 17489 in the office of the Dallas County Recorder extended North to said North line of the Northeast I/4 of Section 8; Thence South along the East line extended and along the East line of said Parcel 'A'to the Southeast comer thereof; Thence West along the South line of said Parcel 'A'to the Northeast corner of Lot 3 of said Replat of Gopher Hollow; Thence South along the East line of said Lot 3 and the East line of Lots 4 and 5 of said Replat of Gopher Hollow to a point on the North line of Sugar Creek Estates,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence East along the North line of said Sugar Creek Estates to the Northeast corner thereof; Thence South along the East line of said Sugar Creek Estates to the Southeast corner thereof; Thence West along the South line of said Sugar Creek Estates to the Southwest corner thereof; Thence Northwesterly along the Westerly line of said Sugar Creek Estates to a point on the South line of Parcel "B"of the Northeast I/4 of the Northwest I/4 of Section 8,Township 78 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa as shown on the Plat of Survey thereof in Book 2007 on Page 10209 in the office of the Dallas County,Recorder; Thence West along said South line of Parcel "B"to the Northwest corner of Painted Woods,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Thence South along the West line of said Painted Woods to the Northwest corner of Painted Woods Plat 2,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa; Page 10 of 13 Thence South along the West line of Outlot 9A and the West line of Lot 9 of said Painted Woods Plat 2 to the Northeast corner of Lot 3 of said Painted Woods Plat 2; Thence Southwesterly along the North line of said Lot 3 and along the North line of Lot 2 of said Painted Woods Plat 2 to the intersection of said North line of Lot 2 extended West and the West line of the Northwest 1/4 of the Southwest I/4 of said Section 8; Thence South along the West line of said Northwest I/4 of the Southwest I/4 and along the West line of the Southwest 1/4 of the Southwest I/4 of said Section 8 to the point of beginning. EXCEPTING THEREFROM Daybreak Plat I,an Official Plat,now included in and forming a part of the City of Waukee, Dallas County,Iowa, AND EXCEPTING Willow Pines Plat I,an Official Plat,now included in and forming a part of the City of Waukee, Dallas County,Iowa,EXEPT Lot E therein, AND EXCEPTING Willow Pines Plat 2,an Official Plat,now included in and forming a part of the City of Waukee, Dallas County,Iowa, AND EXCEPTING Painted Woods West Plat I and Painted Woods West Plat 2,all Official Plats,now included in and forming a part of the City of Waukee,Dallas County,Iowa,EXCEPT Outlot Y therein. Section 224D.4.Sewer Connection Fees. Sewer connection fees are hereby established and shall be imposed on owners of properties lying within the Waukee Connection Fee District at the time of application by said owners to connect their properties to the Municipal Sewer System. Section 224D.5.Sewer Connection A lications. Applications by property owners within the Waukee 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 upon connection. Page 11 of 13 Section 224D.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 $5,010.00 per acre.Said Connection fee shall increase annually commencing on July I,2019,and annually thereafter,at a percentage equal to the Consumer Price Index published for the most recent year,and would be rounded down to an even $10. 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 224D.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 Waukee 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 to reflect future construction costs. Section 224D.8.Ille al Connections/Disconnection. In the event any property owner connects his or her property to a sanitary sewer 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 private sewer 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 224D.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 ofthis Ordinance. Page 12 of 13 Section 2 Re ealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severabili Clause.If any section,provision 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 section,provisions or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Council the 4'"day of December,2017,and approved this 4'"day of December, 2017. Attest Anna Be an,Mayor Pro Tem Rebecca D.Schuett,City Clerk Page 13 of 13