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99.04   WEST SIDE SANITARY SEWER CONNECTION FEE DISTRICT.
1.   The West Side Sanitary Sewer Connection Fee District is hereby established, consisting of a tract of land in Sections 10, 14, 15, 22, 23, 24, 25 and 26, Township 79 North, Range 23 West of the Fifth Principal Meridian, Polk County, Iowa, more particularly described as follows:
THAT PART OF:
THE SOUTH 1/2 OF SECTION 10 LYING EAST OF RELOCATED PRIMARY ROAD NO. U.S. 65 AND SOUTH OF INTERSTATE 80 AND
THAT PART OF INTERSTATE 80 RIGHT-OF-WAY IN SAID SECTION 10 LYING SOUTH OF A LINE BEING 175 FEET NORMALLY DISTANT FROM THE CENTERLINE OF SAID INTERSTATE 80, SAID PARCEL BEING ACQUIRED BY WARRANTY DEED RECORDED IN BOOK 3643, PAGE 143. AND
THAT PART OF SECTION 15 LYING EAST OF SAID U.S. 65 AND
LOTS 1 THROUGH 13, WAYSIDE ACRES, BEING AN OFFICIAL PLAT, AND THE ROAD RIGHT-OF-WAY ADJOINING EAST AND SOUTH OF SAID LOTS 1 THROUGH 13 ALL IN SECTION 14 AND
THAT PART OF SECTION 22 LYING EAST OF SAID U.S. 65 AND
THE SOUTH 1/2 LYING EAST OF SAID U.S. 65, THE SOUTH 1/2 OF THE NORTHEAST 1/4, THE SOUTH 1/2 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 ALL IN SECTION 23 AND
THE WEST 21.22 ACRES EXCEPT THE NORTH 20 RODS, LOT 1, THE OFFICIAL PLAT OF THE NORTHWEST 1/4 OF SAID SECTION 23 AND
THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 LYING SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE FORMER CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD IN SAID SECTION 23 AND
THE SOUTHWEST 1/4 OF SECTION 24 AND
THE NORTHWEST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 25
ALL BEING IN TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF ALTOONA, POLK COUNTY, IOWA AND
THAT PART OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF ALTOONA, POLK COUNTY, IOWA AND MORE PARTICULARITY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 24; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF SECTION 24 TO THE NORTH 1/4 CORNER OF SAID SECTION 25; THENCE SOUTH ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 25 TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 25; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHWEST 1/4 TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 TO A POINT BEING 357.4 FEET WEST OF THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH ALONG A LINE PARALLEL WITH AND 357.4 FEET WEST OF SAID WEST LINE TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4; THENCE WEST ALONG SAID NORTH LINE TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF SAID RELOCATED PRIMARY ROAD NO. U.S. 65, SAID POINT BEING 190 FEET EASTERLY OF AND NORMALLY DISTANT TO THE CENTERLINE OF SAID U.S. 65; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY AND ALONG A CURVE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE HEARTLAND RAIL CORPORATION, SAID POINT BEING 190 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE; THENCE CONTINUING NORTHWESTERLY TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID HEARTLAND RAIL CORPORATION, SAID POINT BEING 140 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE; THENCE CONTINUING NORTHWESTERLY ALONG A LINE 140 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 23, SAID POINT BEING ON SAID EASTERLY RIGHT-OF-WAY OF U.S. 65; THENCE CONTINUING NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE NORTH TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NE 46TH AVENUE; THENCE WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. 65; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE; THENCE NORTHEASTERLY CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG A CURVE TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 80; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE EASTERLY LINE OF SAID SECTION 10; THENCE SOUTH ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID SECTION 15; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 15 TO THE INTERSECTION OF SAID EAST LINE WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1, WAYSIDE ACRES, BEING AN OFFICIAL PLAT; THENCE EAST ALONG SAID WESTERLY EXTENSION AND ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 13 AND THE SOUTHERLY EXTENSION OF SAID EAST LINE TO A POINT ON THE NORTH LINE OF SAID SECTION 23; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE SOUTHEAST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SAID SECTION 23 AND THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23 TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 23 TO THE WEST 1/4 CORNER OF SAID SECTION 24; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 24 TO THE POINT OF BEGINNING.
2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the West Side Sanitary Sewer Connection Fee District, pursuant to Altoona Ordinance No. 5-99 #2 (33), at the time of application to connect their properties to said sewer facilities, as follows:
   A.   From the effective date of Ordinance No. 3-01 #1 (78) through June 30, 2001, a connection fee of $2,500 per acre of property served by the sewer facilities shall be imposed. Thereafter, the per-acre connection fee shall be annually adjusted as of July 1 of each year according to the following schedule:
Effective Date
Connection Fee ($/acre)
Effective Date
Connection Fee ($/acre)
July 1, 2001
$2,600
July 1, 2002
$2,700
July 1, 2003
$2,800
July 1, 2004
$2,910
July 1, 2005
$3,030
July 1, 2006
$3,150
July 1, 2007
$3,270
July 1, 2008
$3,400
July 1, 2009 and thereafter
$3,500
 
   B.   The above-established connection fee schedule shall also apply to any properties outside the West Side Sanitary Sewer Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the West Side Sanitary Sewer Connection Fee District. The appropriate fee shall be imposed at the time of determination that a benefit is derived by the property.
   C.   The above-established connection fee schedule shall not apply to any properties within the West Side Sanitary Sewer Connection Fee District which do not use or derive benefit from any sewer facilities constructed for the West Side Sanitary Sewer Connection Fee District.
   D.   The determination that a property is to be connected to the sewer facilities shall occur, and the appropriate connection fee shall be paid, prior to the time of release of a final plat for recording, or issuance of a building or plumbing permit, whichever occurs first.
   E.   Any single family residence existing or under construction upon the effective date of Ordinance No. 3-01 #1 (78) located upon a parcel in excess of one acre may apply for connection upon annexation to the City, subdivision of said parcel into a single residence parcel and an outlot, and payment of a single-acre connection fee. Any future development of said parcel shall require a revised application for connection and payment of the connection fee as established in the above fee schedule.
   F.   The owner of any parcel being used as a public or nonprofit recreational or park facility upon the effective date of Ordinance No. 3-01 #1 (78) may apply for connection upon annexation to the City and payment of a single-acre connection fee. Any future development of said parcel shall require a revised application for connection and payment of the connection fee as established in the above fee schedule.
3.   Effect of Schedule. The above-established connection fee schedule shall remain in force and effect until such time that the City Council for the City of Altoona adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the West Side Sanitary Sewer Connection Fee District. Nothing herein is intended to restrict the City Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.
(Ord. 3-01 #1 (78) – Aug. 01 Supp.)