HomeMy WebLinkAbout2013-12-02-Ordinance 2752_Little Walnut Creek Regional Lift Station Connection Fee DistrictORDINANCE NO.2752
AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,BY
ENACTING AND ADDING THERETO CHAPTER 224G TO PROVIDE FOR THE
ESTABLISHMENT OF THE LITTLE WALNUT CREEK REGIONAL LIFT STATION
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 Little Walnut Creek Regional Lift Station Connection Fee District (the "District")
and establish a connection fee therein,and has published notice of such proposal and has held a
public hearing 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 $2,802,706.80.In
addition,the City has incurred bonding obligations to fund the improvements.The City Council
reserves the light 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 224G as follows:
Section 224G.1.Definitions.
a)The "Little Walnut Creek Regional Lift Station"shall mean the improvements
extending sewer capability to the district consist of Construction of Phase I of the Little
Walnut Creek Regional Lift Station project included approximately,2,650 linear feet of 8-
inch diameter force main,1,045 linear feet of 24-inch to 18-inch diameter gravity flow
sanitary sewer,mauholes,clearing and grubbing,surface restoration,0.6 mgd capacity lift
station and miscellaneous associated work.Phase 2 of the Little Walnut Creek Regional Lift
Station will include replacing the pumps and generator to increase the capacity of the lift
station to 2.0 mgd and extending the force main from the intersection ofNE Gracewood
Drive and N Warrior Lane to the intersection of 4th Street and Maple Street.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.
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d)The "Little Walnut Creek Regional Lift Station 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 224G.2.Little Wahmt Creek Regional Lift Station Improvements.
In response to,and in anticipation of,the demands and needs pertaining to the property
comprising the benefited area established in section 224G.3 below,the City has expanded
and extended the municipal sewer system to include the Little Walnut Creek Regional
Lift Station 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 Little Walnut Creek Regional Lift Station Improvements are necessary to extend
sewer service to the benefited area.
Section 224G.3.Little Walnut Creek Regional Lift Station Connection Fee District.
The Little Walnut Creek Regional Lift Station 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 Northwest comer of Section 27,Township 79 North,Range 26 West of the
5th P.M.,Dallas County,Iowa;
thence South,along the West line of the West 658.75 feet of the North 661.25 feet of the
Northwest 1/4 of said Section 27 to the southwest comer of said West 658.75 feet of the
North 661.25 feet;
thence East,along the South line of said West 658.75 feet of the North 661.25 feet to the
southeast comer of said West 658.75 feet of the North 661.25 feet;
thence North,along the East line of said West 658.75 feet of the North 661.25 feet to the
North line of said Section 27;
thence East,along the North lines ofthe Northwest 1/4 and the Northeast 1/4 of said Section
27 to the northeast comer of said Section 27;
thence South,along the East line of said Northeast 1/4 of Section 27 to the southeast comer
of said Northwest 1/4;
thence West,along the South line of said Northeast 1/4 to the southwest corner of said
Northwest 1/4;
thence North,along the West line of said Northeast 1/4 to the northeast corner of Lot 16,Fox
Creek Estates Plat 3,an Official Plat,now included in and forming a part of the City of
Wankee,Dallas Connty,Iowa;
thence West,along the North line of said Fox Creek Estates Plat 3 and the North lines of Fox
Creek Estates Plat 4 and Fox Creek Estates Plat 2,all Official Plats,now included in and
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forming a part of the City of Waukee,Dallas County,Iowa to a point 373.22 feet North of the
East 1/4 comer of Section 28,Township 79 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa;
thence West,775.45 feet;
thence South,to the North line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of
said Section 28;
thence West,along the North line of said South 1/2 of the Southeast 1/4 of the Southeast 1/4
and the North line of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 to the northwest
comer of said South 1/2 ofthe Southwest 1/4 of the Southeast 1/4 of Section 28;
thence North,along the West line of said Southwest 1/4 of the Southeast 1/4 to the southeast
comer of the Northeast 1/4 of the Northwest 1/4 of said Section 28;
thence West,along the South line of said Northeast 1/4 of the Southwest 1/4 and the South
line of the Northwest 1/4 of the Southwest 1/4 of said Section 28 to the southwest comer of
said Northwest 1/4 of the Southwest 1/4;
thence North,along the West line of said Northwest 1/4 of the Southwest 1/4 to the northwest
corner of said Northwest 1/4 of the Southwest 1/4;
thence East,along the North lines of said Northwest 1/4 of the Southwest 1/4 and said
Northeast 1/4 of the Southwest 1/4 and the North line of the Northwest 1/4 of the
Southeast 1/4 of said Section 28 to the southwest corner of the East 1/2 of the Southwest 1/4
of the Northeast 1/4 of said Section 28;
thence North,along the West line of said East 1/2 of the Southwest 1/4 of the Northeast 1/4
of Section 28 to the South line of the Northwest 1/4 of the Northeast 1/4 of said Section 28;
thence West,along the South line of said Northwest 1/4 of the Northeast 1/4 to the southwest
comer of said Northwest 1/4 of the Northeast 1/4;
thence North,along said West line of the Northwest 1/4 of the Northeast 1/4 to the northwest
comer of said Northwest 1/4 of the Northeast 1/4;
thence East,along the North line of said Northwest 1/4 of the Northeast 1/4 and the North
line ofthe Northeast 1/4 of the Northeast 1/4 of said Section 28 to the point of beginning.
Section 224G.4.Sewer Connection Fees.
Sewer connection fees are hereby established and shall be imposed on owners of
properties lying within the Little Walnut Creek Regional Lift Station Connection Fee
District at the time of application by said owners to connect their properties to the
Municipal Sewer System as provided in section 224G.5 herein.This fee shall be in
addition to any other fee that may be applicable.
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Section 224G.5.Sewer Connection Applications.
Applications by property owners within the Little Walnut Creek Regional Lift Station
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 224G.6.Schedule of Connection Fees.
a)Sewer connection fees shall be due at the time of plat approval as described in Section
5 ofthis 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 $4,787.84 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 plumbing code,connection fee
ordinances or other provisions of the Waukee Municipal Code.
Section 224G.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 Little Walnut Creek
Regional Lift Station Connection Fee District.Nothing herein is intended to restrict the
City Council ofthe City from an adjustment to the schedule of sewer connection fees.
Section 224G.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
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made and received approval of his or her application,and/or has paid the required
connection fee.
Section 224G.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.
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.
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 2nd day of December,2013,and approved this 2nd day of December,
2013.
Attest:
ing Officer
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Rebecca D.Schuett,City Clerk
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