HomeMy WebLinkAbout1999-04-05-Ordinance 2278_Connection Fee Districts, Procedure to EstablishORDINANCE NO.2278
CONNECTION FEE DISTRICTS ESTABLISHED
AN ORDINANCE TO AMEND THE WAUKEE MUNICIPAL CODE,BY ADDING
AND ENACTING THERETO A NEW SECTION 224 RELATING TO THE PROCEDURE
TO BE UTILIZED IN ESTABLISHING CONNECTION FEE DISTRICTS AND
CONNECTION FEES TO RECOVER THE COSTS OF CONSTRUCTING SANITARY
SEWER FACILITIES AND WATER SYSTEM FACILITIES.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Amendment.That the Waukee Municipal Code be,and the same is hereby
amended by adding and enacting thereto a new Section 224 of Chapter 200,Waukee Municipal Code,
relating to the procedure to be utilized in establishing connection fee districts and connection fees to
recover the costs of constructing sanitary sewer facilities,as follows:
Section 224 Chapter 200 Establishing Connection Fee District and Establishing Fees in
said District for Connection to Sanitary Sewer Facilities or Water System Facilities -Notice of
Hearing Prior to Adoption of Ordinance Establishing Benefited District and Connection Fee -
Collection of Connection Fee.
A.The City has determined the necessity of establishing a policy and procedure to
be utilized to recover the cost of designing and constructing sanitary sewer facilities or water
system facilities in those instances in which a significant number of the properties to be
benefited by such facilities are not sufficiently developed to permit the recovery of those costs
through the special assessment process as provided in Chapter 384,Division N of the Iowa
Code.The City hereby declares its intent to utilize connection fees,as herein provided,to
recover the costs of designing and constructing such sanitary sewer facilities or water system
facilities from property owners who connect to such facilities subsequent to their construction.
It is the intent of this section to set forth the method of recovery of proportional cost
shares from those property owners who connect their properties to sanitary sewer facilities or
water system facilities subsequent to their construction,so that in the event that all property,
other than the City right-of-way,which lies within the benefited district is connected to the
sanitary sewer facilities or water system facilities during their expected useful life,then those
properties shall bear,in the aggregate,up to 100%of the cost of designing and constructing
such facilities,including legal and administrative expenses associated therewith,and interest
thereon.
B.In the event the City Council has determined the necessity of constructing a
sanitary sewer facility or water system facility,and the owner of owners of tract of land outside
the assessment district of said sanitary sewer facility or water system facility desire connection
thereto,and the City determines that the utilization of a connection fee is the most equitable
manner in which to recover the City's costs associated therewith,the City Council shall proceed
in compliance with §384.38,Code ofIowa,and as follows:
1.The City shall cause a "Notice of Public Hearing on the Proposed
Adoption of an Ordinance to Establish a "Connection Fee District"to be
published in a newspaper of general circulation within the City as hereafter
provided.In addition to indicating the date,time,and place of the public
hearing,the notice shall:
2.Indicate the nature and extent of the sanitary sewer facility or water I
system facilities constructed to which the tract or tracts in the connection fee
district is to be connected,as well as the estimated costs or costs for the design
and construction of same;
3.Identify by general description the proposed connection fee district to
be served by the sanitary sewer facility or facilities;and
4.Set forth the proposed schedule of connection fees to be paid by
property owners within the benefited district who connect to said facilities,
expressed in dollars per acre of land area served for single family residential
housing.Connection fees will be adjusted upward for higher volume users.
C.At the public hearing,the owners or occupants of properties within the
proposed connection fee district shall be heard and may offer comments or objections as to:
1.the necessity for connection to the sanitary sewer facility or water
system facility;
2.the calculation of the area benefited by the connection fee district;
3.the estimated costs of the facilities to which the tract or tracts in the
proposed connection fee district or districts is to be connected;and I
4.the proposed connection fee as to each tract or lot in each tract.
Upon concluding the hearing,the City Council shall rule upon the objections presented during
the hearing and may consider the proposed Ordinance to Establish a Connection Fee District.
Upon consideration of the proposed Ordinance to Establish a Connection Fee District,the City
may:
1.Create the connection fee district as proposed and affirm the proposed
connection fee.
2.Alter the proposed connection fee district or the proposed connection
fee;or
3.Make any other provision relative to the proposed connection fee
district or connection fee which the council determines to be equitable in the
prermses.
D.The Ordinance to Establish a Connection Fee District may provide,at the City I
Council's discretion,that single family residences within the connection fee district,in existence
or under construction upon the effective date of the ordinance,and located within the
corporate limits of the City of Waukee,are eligible for connection to the sanitary sewer
facilities or water system facilities.In that event,the ordinance shall include the following
provisions:
1.That the owners of residences on parcels ofless thao one acre in size
located within the City of Waukee may connect such residences to the sanitary
sewer facility or water system facility upon approval of their application for
connection,payment of connection fees for the parcel,and construction of
appropriate connection structures,as determined necessary by the City
Engineer;and
2.That the owners of residences on parcels in excess of one acre in size
located within the City of Waukee may connect such residences to the sanitary
sewer facility or water system facility upon approval of their application for
connection,subdivision of said parcel into a residence parcel and an outlot,
payment of the connection fee for the residence parcel,and construction of
appropriate connection structures,as determined necessary by tbe City
Engineer.
All other property located within the corporate limits of the City of Waukee and within a
connection fee district shall be eligible for connection to the sanitary sewer facility or water
system facility upon approval of an application for connection by tbe owner thereof,as
hereafter provided,and payment of the connection fee for such property,provided such
property has been appropriately subdivided for development,and provided that all sanitary
sewer improvements or water system improvements necessary to serve said property have been
constructed and approved by the City.Notwithstanding any other provision of this ordinance,
the City may refuse connection if,in the opinion of the City engineer,the facilities are not
capable of handling the additional flows from such proposed connection district.
E.After adoption and publication of an Ordinance to Establish a Connection Fee
District,the owners of those properties within said district whose properties are eligible for
connection,and who propose to connect such properties directly or indirectly to the sanitary
sewer facility or water system facility,shall make application to the City Administrator for such
connection.No connection shall be made to a sanitary sewer facility or water system facility
until such application has been approved and until the required connection fee has been paid.
F.The connection fee shall be in an amount equal to the maximum acre area of
contiguous property,or fraction thereof,within the connection fee district under such
ownership which can be lawfully served through such proposed connection,multiplied by the
per acre connection fee established in the Ordinance to Establish a Connection Fee District for
that district.Provided,however,connection fees will be adjusted upward for higher volume
users.Said ordinance may provide for a graduated connection fee,with annual interest
adjustments,such that property owners who connect in later years pay interest on the
connection fee for their property.The rate of interest applicable to the connection fee
established in each connection fee district shall not exceed the rate of interest applicable to
special assessments pursuant to Chapter 74A and Section 384.60(3)of the Iowa Code in effect
on the date that the connection fee was established for that district by enactment of Ordinance
to Establish a Connection Fee District.
G.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.
H.In the event any property owner connects his or her property to a sanitary OJ
sewer facility or a water system facility without having made application therefor 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 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,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 Council this 5th day of April,1999,and approved this 5,1,day of April,1999.
April 5,1999 -Establishing Connection Fee District.Motion by Councilman Berger,second by
Councihnan Lyon,to have the City Clerk read an ordinance establishing a connection fee district for
the first time in title only.Mayor asked for a roll call vote:Ayes:Berger,Lyon,Peard and Gruber.
Nays:None.Motion carried 4 to O.1
April 5,1999 -Establishing Connection Fee District.Motion by Councilman Gruber,second by
Councilman Peard,to waive the 2nd and 3'd of an ordinance establishing a connection fee district.
Mayor asked for a roll call vote:Ayes:Gruber,Peard,Berger and Lyon.Nays:None.Motion
carried 4 to O.
April 5,1999 -Establishing Connection Fee District.Motion by Councilman Gruber,second by
Councilman Berger,place ordinance 2278 on final passage allowing for the establishing a connection
fee district.Mayor asked for a roll call vote:Ayes:Gruber,Berger,Lyon and Peard.Nays:None.
Motion carried 4 to O.
Attest:
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