HomeMy WebLinkAbout2013-10-21-Ordinance 2749_Alice's Road Corridor Sewer Connection Fee DistrictORDINANCE NO.2749
AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,BY
ENACTING AND ADDING THERETO CHAPTER 224F TO PROVIDE FOR THE
ESTABLISHMENT OF THE ALICE'S ROAD CORRIDOR SEWER 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 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 Alice's Road Corridor Sewer Connection Fee District (the "District")and establish
a connection fee therein,and has published notice of such proposal and has held a public healing
thereon.
WHEREAS,the City Council of the City of Waukee determines that it has incurred costs
to extend sanitary sewer to the property in the district in the amount of $2,787,067.21.In
addition,the City has incurred bonding obligations to fund the improvements.The City Council
reserves the right to adjust the fees as it deems appropriate in the future.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.The Waukee Municipal Code is hereby amended by enacting and adding
thereto Chapter 224F as follows:
Section 224F.1.Defmitions.
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 lineal'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 salutary 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.
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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 Cmmection 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 ofIowa:
Beginning at the Southwest corner of the Northeast 1/4 ofthe 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 West own 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
Govermnent Lot 14 of said Section 4;thence West along said North line to the
intersection of the center line ofSE WestownParlcway and the centerline ofSE
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 comer of Lot 77 in said Grant Park 2;thence East,along the South line of
said Lot 77 to the Southeast comer 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
comer of said Lot 78;thence North,along the East line of Lot 78,79 and 80 in said Grant
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Park 2 to the Northeast comer of said Lot 80;thence West,along the North line of said
Lot 80 to the Northwest comer 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 comer 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 comer of said Govermnent Lot 9;thence South along the East
line of said Govennnent Lot 9 and the East line of Government Lot 16 of said Section 4
8l1dthe East line of the Northeast 1/4 of the Southeast 1/4 to the Southeast comer of the
Northeast 1/4 of said Northeast 1/4 of the Southeast 1/4;thence Southwesterly,to the
Northeast comer 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,Dohnage Estates Plat 2 to the Northeast comer of Lot 6,Dolmage
Estates Plat 1,811 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 ofthe Northeast 1/4 ofthe 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 ofthe West 1/2 ofthe 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 COlmection Fees.
Sewer connection fees are hereby established and shall be imposed on owners of
properties lying within the Alice's Road Cooridor 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 Cooridor Sewer Connection
Fee District for connection of their property to the Municipal Sewer System shall be due
at the time of submission of 811 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 ofCOlmection 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
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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,commencmg
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 phunbing 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 Cooridor
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
innnediate 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.
Section 2 Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability 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.
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Section 4.Effective Date.This ordinance shall be in effect from and after its fmal
passage,approval and publication as provided by law.
Attest:
Passed by the Council this 21st day of October,2013,and approved tins 21st Q y of October,2013.
Rebecca D.Schuett,City Clerk
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