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HomeMy WebLinkAbout2001-05-05-Ordinance 2345B_University Avenue Trunk Sewer Connection Fee DistrictORDINANCE NO.2345B AN ORDINANCE TO ESTABLISH A CONNECTION FEE DISTRICT AND FEES FOR CONNECTION OF PROPERTY IN SAID DISTRICT TO THE UNIVERSITY AVENUE TRUNK SEWER TO RECOVER THE EQUITABLE PORTION OF THE COSTS THEREOF. BE IT ORDAINED by the Council ofthe City of Waukee: Section 1.Connection Fee District and Fees For Connection of Property Therein to the University Trunk Sewer.There is hereby established Connection Fee District No.4 for connection of the property described herein to the University Avenue Trunk Sewer and providing for fees therefore. A.The following described real estate is hereby designated as Connection Fee District No.4 of the University Avenue Trunk Sewer:' [Attached hereto as a part of hereof,is description of the tract within Connection Fee District No.4 identified as Tract H.] B.A connection fee is hereby established and imposed upon the owners of property within Connection Fee District No.4 of the University Avenue Trunk Sewer who shall hereafter make application to connect their property to the University Avenue Trunk Sewer or sewer lines connected thereto.The connection fee shall be computed as follows: All land use shall have a connection fee base fee in 1999 of $5.60 per acre of gross land within the development,streets and common spaces inclusive,provided the flows tributary to the University Avenue Trunk Sewer originate from a remote publicly owned wastewater pumping station located in said connection fee district. Single family residential connection fees for lands which are directly tributary by gravity or non- publicly owned pumping facilities to the gravity sewers connected to sewer systems tributary to the University Avenue Trunk Sewer shall have a base fee in 1999 of$628.70 per acre of gross land within the development,streets and common spaces inclusive. Land use other than single family residential which are directly tributary by gravity or non- publicly owned pumping facilities to the gravity sewers connected to sewer systems tributary to the University Avenue Trunk Sewer shall have a connection fee base in 1999 as the higher of the following two methods of computation: 1.$628.70 per acre of gross land within the development,streets and common spaces inclusive,or 2.$740 per 1,000 gallons per day of average water usage.The initial conditional fee will be based on proj ected water use.The actual fee will be determined by the highest monthly water use (exclusive of irrigation water separately metered)during the 12-month period after the site is fully developed and operational at the base fee of$740 per 1,000 gallons per day. The base year 1999 connection fee will be escalated at the rate of 9%per year,compounded annually on January 1. C.The following provisions for connection of property within the connection fee district,in existence or under construction upon the effective date of this ordinance,and the following procedures for future division of property within the benefited district shall be applicable: All property located within the corporate limits of the City of Waukee and within Connection Fee District No.4 of the University Avenue Trunk Sewer shall be eligible for connection to the University Avenue Trunk Sewer upon approval of an application for connection by the owner thereof,as hereafter provided,and payment of the connection fee for such property,provided that capacity in said sewer is then available;provided such property has been appropriately subdivided for development;and further provided that all sanitary sewer improvements necessary to serve said property have been constructed and approved by the City. 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,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council ofthe City of Waukee,Iowa,this 5th day of May,2001,and approved this 5th day of May,2001. Attested: Administrator/Clerk CONNECTION FEE DISTRiCT "H" An area in Section 16,21,22,23,26,27 and 28,Township 79 North,Range 26 West of the 5th Principal Meridian,Dallas County,Iowa,more particularly described as follows: Beginning at the southwest corner of Section 16,Township 79 North,Range 26 West of the 5th Principal Meridian,Dallas County,Iowa;thence north along the west line of the SW Yo of said Section 16 to the northwest corner of the SW Yo of said Section 16; thence east along the north line of the SW Yo and the SE Yo of said Section 16;thence south along the east line of the SE Yo of said Section 16 to the southeast corner of Section 16,Township 79 North,Range 26 West of the 5th Principal Meridian,Dallas County, Iowa;thence south along the east line of Section 21,to the southeast corner of said Section 21;thence east along the north line of the NW Yo and the NE Yo of said Section 27 to the southwest corner of the SE Yo SE Yo of Section 22,Township 79 North,Range 26 West ofthe 5t!' Principal Meridian,Dallas County,Iowa;thence north along the west line of the E lI,.SE Yo of said Section 22 to the northwest corner of the NE Yo SE Yo of said Section 22;thence east along the north line of the NE Yo SE Yo of said Section 22 to the northeast corner of the NE Yo SE Yo of said Section 22; thence south along the east line of the SE Yo of said Section 22 to a point 120.83 feet north of the southwest corner of the SW Yo of Section 23,Township 79 North,Range 26 West of the 5th Principal Meridian,Dallas County,Iowa on the north line of a former railroad right-of-way extended;thence northeasterly along the north line of said former railroad right-of-way to a point on the east line of the SW Yo SW Y.of said Section 23;thence south along the east line of the SW Yo SW y"of said Section23 to the southeast corner of the SW Yo SW Yo of said Section 23;thence south along the east line of Lot 2 of George Martin subdivision,an official plat,now included in and forming a part of Dallas County, Iowa,to the southeast corner of Lot 2;thence west along the south line of said George Martin subdivision to the southwest corner of Lot 11;thence north along the west line of Lot 11 to a point on the north line of the NW Yo of Section 26,Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa;thence west along the north line of the NW Yo of said Section 26 to the northeast corner of the north 143 feet of the west 195 feet of the NW Yo NW Yo of said Section 26;thence south along the east line of the north 143 feet of the west 195 feet of the NW YoNW Yo of said Section 26,to the southeast corner of the north 143 feet of the west 195 feet of the NW Yo NW Yo of said Section 26; thence west along the south line of the north 143 feet of the west 195 feet ofNW Yo NW Yo of said Section 26 to a point on the west line of the NW Yo of said Section 26;thence south along the west line ofthe NW Yo of said Section 26 to the southwest corner of the north 1,452.02 feet of the NW Yo of said Section 26;thence east along the south line of the north 1,452.02 feet of the NW Yo of said Section 26 to the southeast corner of the north 1,452.02 feet of the west 175.70 feet ofthe NW Yo of said Section 26; thence southeasterly 58.04 feet;thence southwesterly 63.49 feet to a point on the south line of the north 1,559.01 feet of the NW Yo of said Section 26;thence east along the south line of the north 1,559.01 feet of the NW Yo of said Section 26 to the southeast corner ofthe north 1,559.01 feet of the west 650 feet of the NW Yo of said Section 26;thence south to the southeast corner of the north 1,849.01 feet of the west 650 feet of the NW Yo of said Section 26;thence west along the south line of the north 1,849.01 feet of the west 650 feet of the NW Yo of Section 26 to a point on the eastline of the NE Yo 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 NW Yo of said Section 26 to the northwest corner of the south 528.3 feet of the NW Yo of said Section 26;thence east along the north line of the south 528.3 feet of the NW Yo of said Section 26 to the northeast corner of the south 528.3 feet of the west 330 feet of the NW Yo of said Section 26;thence north to the northeast comer ofthe south 660.3 feet of the west 330 feet of the NW 14 of said Section 26; thence east to the northeast comer of the south 660.3 feet to the west 1,307.7 feet of the NW 14 of said Section 26;thence south along the east line of the south 660.3 feet of the west 1,307.7 feet of the NW 14 of said Section 26 to the northeast comer of the south 514.3 feet of the west 1,307.7 feet of the NW 14 of said Section 26;thence west along the north line of the south 514.3 feet of the west 1,307.7 feet of the NW 14 of said Section 26 to a point on the west line of the NW 14 of said Section 26;thence south along the east line of the NE 14 of said Section 27 to the southeast comer of the NE 14 of said Section 27, thence west along the south line of the NE 14 of said Section 27 to the southeast comer ofthe NW 14 of said Section 27,thence west along the south line of the NW 14 of said Section 27 to the northeast comer of the SE 14 of Section 28,Township 79 North,Range 26 West ofthe 5th Principal Meridian,Dallas County,Iowa;thence south along the east line of the NE 14to the southeast comer of the NE 14 of said Section 27;thence west along the south line of the NE 14 and the NW 14 of said Section 27 to the northeast comer of the SE 14 of Section 28,Township 79 North,Range 26 West of the 5th Principal Meridian,Dallas County,Iowa;thence west along the north line of the SE 14 of said Section 28 to a point of 660 feet west of the northeast comer of the SE y"of said Section 28;thence south along a line parallel to and 660 feet west of the east line of the southeast quarter of said Section 28 to a point 660 feet north and 660 feet west ofthe southeast comer of the SE 14 of said Section 28;thence west along a line parallel to and 660 feet north of the south line of the SE 14 of said Section 28 to a point 660 feet north of the southwest comer of the SE 14 of said Section 28;thence north along the west line of the SE 14 of said Section 28 to the southeast corner of the NE 14 of the SW 14 of said Section 28;thence west along the south line of the NE 14 of the SW 14 and the NW y"of the SW 14 of said Section 28 to the southwest corner of the NW 14 of the SW 14 of said Section 28;thence north along the west line of the SW 14 and the NW Y4 of said Section 28 to the southwest corner of the SW 14 of Section 21,Township 79 North, Range 26 West of the 5th Principal Meridian,Dallas County,Iowa;thence north along the west line of the SW 14 and the NW y"of said Section 21 to the point of beginning.