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Home My WebLink About2007-02-19-Ordinance 2598_Sugar Creek Pump Station Connection Fee DistrictORDINANCE NO.2598 AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,BY ADDING AND ENACTING THERETO CHAPTER 224Y TO PROVIDE FOR THE ESTABLISHMENT OF THE SUGAR CREEK PUMP STATION CONNECTION FEE DISTRICT PURSUANT TO SECTION 384.38 OF THE CODE OF IOWA AS SPECIFIED BELOW: 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 Sugar creek pump station 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 ofthe City of Waukee: Section 1.The Waukee Municipal Code is hereby amended by enacting and adding thereto Chapter 224Y as follows: Section 224Y.l.Definitions. a)The "Sugar Creek Pump Station"shall mean the pump station and instruments of conveyance located in the benefited district designed to transport waste from its location to the treatment facilities used by the City of Waukee,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 "Sugar Creek Pump 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 224Y.2.Sugar Creek Pump Station Improvements. In response to,and anticipation of,the demands and needs pertaining to the property comprising the benefited area established in section 224Y.3 below,the City has expanded the municipal sewer system to include the Sugar Creek Pump station and implements of conveyance from said pump station 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 Page 1 of? Sugar Creek Pump Station Improvements are necessary to extend sewer service to the benefited area. Section 224Y.3.Sugar Creek Pump Station Connection Fee District. The Sugar Creek Pump 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: Tracts ofland located in Sections 4,5 and 6,T 78 N,R 26 W;and in Section 1,T 78 N,R 27 W;and in Sections 31 and 32 in T 79 N,R 26 W of the 5th Principal Meridian in Dallas County,Iowa;more particularly described as follows: Beginning at the NW comer ofNE Y.of the NE Y.of said Section 31; Thence East along the North line of said Section 31 and Section 32 to the NW corner of the NE Y.of the NE Y.of said Section 32; Thence South along the West line of the NE Y.of the NE Y.of said Section 32 to the SW corner of the NE Y.of the NE Y.of said Section 32; Thence East along the South line of the NE Y.of the NE Y.of said Section 32 to the SE corner of the NE Y.of the NE Y.of said Section 32; Thence South along the East line of said Section 32 to the SE comer of said Section 32; Thence East along the North line of said Section 6 to the NE comer of said Section 6; thence South along the East line of said Section 6 to a point one thousand two hundred (1,200)feet south of said NE corner of Section 6; Thence East and parallel to the North line of said Section 5 to a point on the East line of G.L.4 of said Section 5; Thence South along the East line of said G.L.4 of Section 5 to the NE corner of Spyglass Plat 1,an official plat,Dallas County,Iowa; Thence West along the N Glib line of said Spyglass Plat 1 to the NW comer of said Spyglass Plat 1; Thence South along the West line of said Spyglass Plat 1 to the SW comer of said Spyglass Plat 1; Thence East along the South line of said Spyglass Plat 1,the SE corner of said Spyglass Plat 1; Thence South along the East line ofG.L.12 to the SE comer of said G.L.12 of Section 3;I Page 2 of? Thence East along the centerline of 3l2'h Place to the SE corner of G.L.10 of said Section 5; Thence North along the West line of G.L.9 of said Section 5,and the West line of Hemingway,an official plat to the NW corner of said Hemingway plat; Thence East along the North line of said Hemingway plat to a point five hundred (500) feet East of the NW comer of said Hemingway plat; Thence South and parallel to the West line of said Hemingway plat to the South line of said Hemingway plat; Thence East along said South line of Hemingway plat to the SE comer of said Hemingway plat; Thence South along the East line of G.L.9 said Section 5 to the SE corner of G.L.9 of said Section 5,said point also being the SW corner of Grant Park Plat 1,an official plat; Thence East along the South line of Grant Park Plat 1 to a point that is five hundred fifty (550)feet East of the NW comer of G.L.13 of said Section 4; Thence South and parallel to the East line of said G.L.13,Section 4 to a point on the South line of said G.L.13; Thence East along the North line of the SW V.of said Section 4 to the NW V.ofNE V.of the SW V.of said Section 4; Thence South along the N V.line of the NE V.ofthe SW V.of said Section 4,to the North line of the SE V.of the SW V.of said Section 4; Thence East along the North line of the SE V.of the SW V.and the SW V.of the SE V.of said Section 4 to the NE corner of the SW V.of the SE V.of said Section 4; Thence South along the East line of the SW V.of the SE V.of said Section 4 to the SE comer of the SW V.of the SE V.of said Section 4; Thence West along the South line of said Section 4 and Section 5 to the SW comer of the SE V.ofthe SE V.of Section 5; Thence North along the West line of the SE V.of the SE V.of said Section 5 to the NW comer of the SE V.of the SE V.of said Section 5; Thence West along the South line of the NW V.of the SE V.of said Section 5 to the SW comer of the NW V.ofthe SE V.of said Section 4; Page 3 of? Thence North along the West line of the NW V.of the SE V.of Section 5 to the NW corner of the SE 1,4 of said Section 5;IThenceWestalongtheNorthlineoftheSWV.of said Section 5 to a point that's five hundred (500)feet West of the NW V.of the SW V.of said Section 5; Thence North and parallel to the West line of said Section 5 to the North line of G.L.13 of said Section 5; Thence West along the North line of G.L.13 of said Section 5 to the NW corner of said G.L.13 of Section 5; Thence North along the West line of said Section 5 to the NW corner of G.L.12 of said Section 5; Thence West along the South line ofG.L.5 and G.L.6 of said Section 6 to the SW corner of said G.L.6; Thence North along the East line of G.L.9 and G.L.8 to the SE corner of G.L.I of said Section I; Thence West along the South line of G.L.1,G.L.2,G.L.3 and G.L.4 of said Section 1 to the SW V.of G.L.4 of said Section 1; Thence North along the West side of G.L.4 of said Section 1 to the NW corner of G.L.4 of said Section 1;and to the South line of said Section 31,T 79 N,R 27 W; Thence East along the South line of said Section 31 to the SW corner of the SE V.of the SE V.of said Section 34; Thence North along the West line of the SE V.of the SE 1,4 of said Section 31 to the NW corner ofthe SE V.of the SE V.of said Section 31; Thence West along the North line of the SW V.of the SE V.to the NW comer ofSW V.of the SE V.of said Section 31; Thence North along the West line of the SE V.and of the NE V.of the NW corner of the SW V.of the NE V.of said Section 31; Thence East along the North line of the SW V.of the NE V.of said Section 31 to the SW corner of the NE V.of the NE V.of said Section 31; Thence North along the West line of the NE V.of the NE V.of said Section 31 to the Point of Beginning. Said tract ofland including 1,892 acres,more or less. Page 4 of? Section 224Y.4.Sewer Connection Fees. Sewer connection fees are hereby established and shall be imposed on owners of properties lying within the Sugar Creek Pump Station Connection Fee District at the time of application by said owners to connect their properties to the Municipal Sewer System. Section 224Y.5.Sewer Connection Applications. Applications by property owners within the Sugar Creek Pump 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 plat approval relative to the property for which the connection is sought. Section 224Y.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.The fees will increase annually based on the following schedule to account for interest incurred by the City for the Sugar Creek Pump Station improvements. From the effective date of this ordinance,unless other wise amended fees shall be imposed in the following amounts: Calendar Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Connection Fee (Per acre) $3,330.63 3,630.39 3,957.12 4,313.26 4,701.45 5,124.58 5,585.79 6,088.51 6,636.48 7,233.76 Page 5 of? c)The sewer connection fee or water connection fee required by this section is in addition to,and not in lieu of,any other fees for connection required under the plumbing code or other provisions of the Waukee Municipal Code.I Section 224Y.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 Sugar Creek Pump Station 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 224Y.8.Illegal ConnectionslDisconnection. 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 224Y.9.Violations. Any person who violates the provisions of this Ordinance shall subj ect 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. Page 60f7 Passed by the Council the 19th day of March,2007,and approved this 19th day of February, 2007. Attested: Page 7 of7