HomeMy WebLinkAbout2010-01-18-Ordinance 2660_South Area Trunk Sewer Connection Fee DistrictORDINANCE NO.2660
AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,BY
ADDING AND ENACTING THERETO CHAPTER 224E TO PROVIDE FOR THE
ESTABLISHMENT OF THE SOUTH AREA TRUNK 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 South Area Trunk Sewer 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 Council of the City of Waukee:
Section 1.The Waukee Municipal Code is hereby amended by enacting and adding
thereto Chapter 224E as follows:
Section 224E.1.Definitions.
a)The "South Area Trunk Sewer"shall mean the 2,250 linear feet of 24 inch diameter
gravity flow sanitary sewer,70 linear feet of 8 inch to 14 inch diameter gravity flow
sanitary sewers,manholes,drop connections,creek crossings,and related improvements
to the Municipal Sewer system.
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 "South Area Trunk 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 224E.2.South Area Trunk Sewer Improvements.
In response to,and anticipation of,the demands and needs pertaining to the property
comprising the benefited area established in section 224E.3 below,the City has expanded
and extended the municipal sewer system to include the South Area Trunk Sewer and
implements of conveyance to the waste water treat facilities used by the City so as to
expand and extend service to the benefited area.The City hereby finds that the South
Area Trunk Sewer Improvements are necessary to extend sewer service to the benefited
area.
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Section 224E.3.South Area Trunk Sewer Connection Fee District.
The South Area Trunk 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:
Commencing at the southwest comer of Section I,Township 78 North,Range 27 West of
the 5th P.M.,Dallas County,Iowa;
thence north along the west line of said Section I to the west quarter comer of said
Section I;
thence east along the north line of the SW Y.of said Section I to the center of said
Section I,said point also being the northwest comer of the SE V.of said Section I;
thence east along the north line of the SE V.of said Section I to the east quarter comer of
said Section I,said point also being the west quarter comer of Section 6,Township 78
North,Range 26 West of the 5th P.M.,Dallas County,Iowa;
thence east along the north line of the SW V.of said Section 6 a distance of 500 feet to
the northwest corner of Lot 13 of Sugar Grove Heights Plat 2,an official plat in Waukee,
Dallas County,Iowa;
thence south along the west line of said Lot 13 to the southwest corner of Lot 13;
thence east along the south line of lots 13,12 and II of said Sugar Grove Heights Plat 2
to a point approximately 406.77 feet east of the southwest corner of said Lot II;
thence south along the west line of Lot 10 of said Sugar Grove Heights Plat 2 to the
northwest comer of Lot 7 of Sugar Grove Heights Plat 2;
thence south and southeasterly along the west and south lines of said Lot 7,to the
southwest comer of Lot 6 of said Sugar Grove Heights Plat 2;
thence east along the south line of Lots 6 and 5 of said Sugar Grove Heights Plat 2 to a
point approximately 204.61 feet east of the southwest comer of said Lot 5,said point also
being the western most point of Lot 3 of Sugar Grove Heights Plat I,an official plat in
Waukee,Dallas County,Iowa;
thence southeasterly and east along the south line of said Lot 3 to the southwest corner of
Lot 2 of said Sugar Grove Heights Plat I;
thence east along the south line of said Lot 2 to a point on the west right-of-way line of
County Highway R-22;
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thence southerly along the west right-of-way line of County Highway R-22 to the north
line of Section 8,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,
Iowa;
thence west along the north line of said Section 8 to the northwest comer of Jacobsen
Acres,an official plat in Waukee,Dallas County,Iowa;
thence south along the west side of said Jacobsen Acres to the southwest comer of
Jacobsen Acres;
thence east along the south line of said Jacobsen Acres to a point on the west right-of-
way line of County Highway R-22;
thence southerly along the west right-of-way line of County Highway R-22 to the north
right-of-way line ofInterstate 80;
thence westerly along the north right-of-way line of Interstate 80 to the west line of
Section 18,Township 78 North,Range 26 West ofthe 5th P.M.,Dallas County,Iowa;
thence north along the west line of said Section 18 to the southeast comer of Section 12,
Township 78 North,Range 27 West of the 5th P.M.,Dallas County,Iowa;
thence north along the east line of said Section 12 to the east quarter corner of said
Section 12;
thence west along the south line of the SE NE \4 of said Section 12 to the southwest
comer of the SE \4 NE \4;
thence north along the west line of the SE \4 NE \4 and the NE \4 NE \4 to the south line
of Section I,Township 78 NOIih,Range 27 West of the 5th P.M.,Dallas County,Iowa;
thence west along the south line of said Section I to the south quarter comer of said
Section I;
thence north along the west line of the SW \4 SE \4 of said Section I to the northwest
corner of the SW \4 SE \4,said point also being the southeast comer of the NE \4 SW \4
of said Section 1;
thence west along the south line of the NE \4 SW \4 of said Section I to the southwest
comer of the NE \4 SW \4,said point also being the northeast comer of the SW \4 SW \4
of said Section 1;
thence south along the east line of the SW \4 SW \4 of said Section I to a point on the
said east line that is 672 feet north of the south line of said Section 1;
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thence west along a line that is 672 feet north of and parallel to the south line of said
Section 1 to a point that is 909 feet east of the west line of said Section 1;Ithencesouthalongalinethatis909feeteastofandparalleltothewestlineofsaid
Section 1 to a point that is 249 feet north ofthe south line of said Section 1;
thence west along a line that is 249 feet north of and parallel to the south line of said
Section 1 a distance of 209 feet;
thence south along a line parallel to the west line of said Section 1,a distance of249 feet
to the south line of Section 1;
thence west along the south line of said Section 1 to the point of beginning.
EXCEPT
That part of the above-described area located between the west right-of-way line of
County Highway R-22 and a line 300 feet west of and parallel to the west right-of-way
line of County Highway R-22.
Said tract ofland including 967.5 acres,more or less.
Section 224E.4.Sewer Connection Fees.]
Sewer connection fees are hereby established and shall be imposed on owners of
properties lying within the South Area Trunk Sewer Connection Fee District at the time
of application by said owners to connect their properties to the Municipal Sewer System.
Section 224E.5.Sewer Connection Applications.
Applications by property owners within the South Area Trunk 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 224E.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 bylto 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.I
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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 $1,262.36 per acre.Said
Connection fee shall increase at an annual rate of 9%commencing on January 1,2011
through January 1,2018 (7 annual increases at 9%)and thereafter shall increase at a rate
of 5%annually.
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 224E.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 South Area Trunk 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 224E.8.Illegal ConnectionslDiscOlmection.
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 224E.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
ofthis 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 final
passage,approval and publication as provided by law.
Passed by the Council the 18th day of January,2010,and approved this 18th day of January,
2010.
Attested:
J
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