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HomeMy WebLinkAbout2006-06-05-Ordinance 2580_Wastewater Treatment Connection Fee DistrictORDINANCE NO.2580 AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,BY ADDING AND ENACTING THERETO CHAPTER 224X TO PROVIDE FOR THE ESTABLISHMENT OF THE WASTE WATER TREATMENT CONNECTION FEE DISTRICT 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 waste water 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 Waste Water Treatment 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 224X as follows: Section 224X.1.Definitions. a)The "Waste Water Treatment Improvements"shall mean the Waste Water Treatment facility expansion and capacity expansion acquisitions obtained by the City from the WRA,and related improvements to the municipal waste water system. b)The "Municipal Waste Water 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 "Waste Water Treatment Connection Fee District"shall mean the geographic area established in Section 3 of this Ordinance within which a waste water connection fee shall be imposed. Section 224X.2.Waste Water Treatment Improvements. In response to,and anticipation of,the demands placed upon the Municipal Waste Water System by ongoing growth and development,the City has expanded the Waste Water Treahnent facility and undertaken capacity expansion acquisitions through its participation in the WRA.The City hereby finds that the Waste Water Treatment Improvements are necessary to extend sewer service to properties serving as the site for new development in the City. Page 1 of 4 Section 224X.3.Waste Water Treatment Connection Fee District. The Waste Water Treatment Connection Fee District is hereby established,and shall include the following real property situated in the City of Waukee,Connty of Dallas, State ofIowa: All real property within the incorporated boundaries of the City of Waukee as of June I, 2006,and all real property in the unincorporated areas lying within two miles of said boundaries. Section 224X.4.Waste Water Connection Fees. Waste water connection fees are hereby established and shall be imposed on owners of properties lying within the Waste Water Treatment Connection Fee District at the time of application by said owners to connect their properties to the Municipal Waste Water System. Section 224X.5.Waste Water Connection Applications. Applications by property owners within the Waste Water Treatment Connection Fee District for connection of their property to the Municipal Waste Water System shall be due at the time of submission of an application for a building permit relative to the property for which the connection is sought.For mobile home owners,applications for connection of their property to the Municipal Waste Water System shall be due at the time of submission of an application for a Mobile Home Permit. Section 224X.6.Schedule of Water Connection Fees. a)Waste water connection fees shall be due at the time of submission of a building permit as described in Section 5 of this Ordinance.Issuance of building permits and/or Mobile Home Permits shall not occur until such time as any and all fees have been paid in full. b)Fees shall be based upon the equitable costs of extending service from the Municipal Waste Water System to the property for which connection is sought.The fees will increase annually based on the following schedule to account for interest incurred by the City for the Waste Water System improvements.From the effective date of this ordinance,fees shall be imposed in the following amounts: Page 2 of4 Year RESIDENTIAL RESIDENTIAL NON-NON-RESIDENTIAL SINGLE FAMILY Per Household Unit Per Unit Fee Per Fixture Unit 2006 $1,610 $830 $65.30 2007 1,720 890 69.60 2008 1,850 970 75.10 2009 2,000 1,050 80.70 2010 2,160 1,155 87.60 20ll 2,370 1,265 95.70 2012 2,620 1,410 105.90 2013 2,900 1,575 ll7.00 2014 3,180 1,750 128.40 2015 3,490 1,935 140.60 2016 3,790 2,110 152.80 2017 4,120 2,300 165.70 c)The City Council reserves the light to grant variances from this schedule of fees. Section 224X.7.Effect of Schedule. The schedule of waste water 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 Waste Water Treatment Connection Fee District.Nothing herein is intended to restrict the City Council of the City from an adjustment to the schedule of waste water connection fees to reflect future construction costs. Section 224X.8.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.I Page 3 of4 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 sth day of June,2006,and approved this sth day of June,2006. Attest: Page 4 of4