HomeMy WebLinkAbout2014-07-21-Ordinance 2767_R-22 Connection Fee District, Fee ReductionORDINANCE NO.2767
AN ORDINANCE TO AMEND SECTION 224D TO REDUCE THE CONNECTION FEK
IN THK R22 SEWER CONNECTION FKE DISTRICT AND CLARIFY THE
MECHANISM OF PAYMENT GIVEN SOME OF THE UNIQUE CHARACTERISTICS
OF THK PROPERTY IN THK AREA.
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")established the
R22 Sewer Connection Fee District (the "District")and a corresponding schedule of connection
fees,in accordance with Iowa law;AND
WHEREAS,the City believes that it is in the best interest of the City that connection fee
be reduced to encourage development,encourage connection by those utilizing septic systems
within the City,and to lessen the financial burden on in the district in obtaining sewer service.
BK IT THEREFORE ORDAINED by the Council of the City of Waukee:
Section 1.The Chapter 224D of the Waukee Municipal Code is hereby amended by
amending and substituting the entire chapter as follows:
Section 224D.1.Definitions.
a)The "Municipal Sewer System"shall mean the facilities and services provided by the
City in providing sewer to its customers and the City.
b)The "City"shall mean the City of Waukee,Dallas County,Iowa.
c)The "R22 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 224D.2.R22 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 expanded
and extended the municipal sewer system to include the R22 Sewer and implements of
conveyance to the wastewater treatment facilities used by the City so as to expand and
extend service to the benefited area.The City hereby finds that the R22 Sewer
Improvements were necessary to extend sewer service to the benefited area.
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Section 224D.3 R22 Sewer Connection Fee District.
The R22 Sewer Connection Fee District includes the following real propeity situated in
the City of Waukee,County of Dallas,State of Iowa:
That part of a tract of land in said Section 5,6 and 8 bordered by the south line of
Goverrnnent Lot 1 in said Section 6 to the north and the north line of Lot 4 of Leonard's
Subdivision,an official plat,Dallas County,Iowa to the south,and the west right of way
of County Road R-22 and a line 300 feet west of and adjacent to the west right of way
line of County Road R-22 as presently established.
Also that part of a tract of land in said Section 5 and 8,bordered by the south line of
Parcel C of Government Lot 4 of said Section 5 to the north and the north line of the
southeast quarter of the northwest quarter said Section 8 to the south,and the east right of
way line of County Road R-22 and a line 300 feet east of and adjacent to the east right of
way line of County Road R-22 as presently established.
Section 224D.4.Sewer Connection Fees.
Sewer connection fees are established and shall be imposed on owners of properties lying
witliin the R22 Sewer 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 R22 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 upon connection.
Section 224D.6.Schedule of Connection Fees.
a)Sewer connection fees shall be due at the tune 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 &action 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.
In the event,(1)one single family residence presently exists on real property comprising
of 2 or more acres,that seeks to connect only said residence to the Municipal Sewer
System,the fee charged shall be computed based on two (2)acres.In such circumstance,
if the remaining property (including the single family residence situated on property
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comprising 2 or more acres for which the fee was previously charged hereunder)is
subsequently platted or subdivided,a credit of a prorated portion of the principal amount
paid hereunder may be credited to the connection fee due for such subdivided or platted
property,if the real property containing said connected single family residence is
included in the subdivision or plat,
In the event,property within the district has already paid a special assessment for the R22
sewer improvements,they shall receive a credit for the principal amount previously
specially assessed,and paid,of the connection fee due upon connection to the Municipal
Sewer System.
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 at the rate of 3 lo per year,compounded annually,for a
period of five years commencing on January 1,2015 through January 1,2019 after which
the fee will remain fixed,unless otherwise amended by the City Council.
c)The sewer connection fee or water 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 R22 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 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
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 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.
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
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of this Ordinance.In addition,a violation of the provisions of this ordinance shall
constitute a Simple Misdemeanor under Waukee Municipal Code and subject to penalties
applicable for such offenses as provided under applicable law.
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 fiom and after its final
passage,approval and publication as provided by law.
Passed by the Council the 21"day of July,2014,and approved this 21"day July,2014.
Attested:
illia .Peard,Mayor
Rebecca Schuett,City Clerk
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