99.08   MUD CREEK SANITARY SEWER CONNECTION FEE DISTRICT #1.
1.   The Mud Creek Sanitary Sewer Connection Fee District #1 is hereby established, consisting of a tract of land more particularly described as follows,
A PART OF SECTIONS 4,5,7,8,9,16,17,18,19,20,21,28,29, TOWNSHIP 79 NORTH, RANGE 22 WEST OF THE 5TH P.M., POLK COUNTY, IOWA, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF US HIGHWAY 6 AND WEST OF THE CENTERLINE OF NE 96TH STREET AND NORTH OF THE CENTERLINE OF NE 27TH AVE. AND EAST OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF FRANZEN PLAT 1, AN OFFICIAL PLAT; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID FRANZEN PLAT 1 TO THE NORTHWEST CORNER OF STREET LOT A OF FRANZEN PLAT 5, AN OFFICIAL PLAT; THENCE EASTERLY ALONG THE NORTH LINE OF SAID STREET LOT A TO THE NORTHEAST CORNER OF SAID STREET LOT A; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID FRANZEN PLAT 5 TO THE NORTHEAST CORNER OF LOT D, FRANZEN PLAT 4, AN OFFICIAL PLAT; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID FRANZEN PLAT 4 TO THE SOUTHEAST CORNER OF SAID LOT D; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID FRANZEN PLAT 4, FRANZEN PLAT 2, AN OFFICIAL PLAT, AND SAID FRANZEN PLAT 1 TO THE NORTHWEST CORNER OF PARCEL “D” AS FILED IN BOOK 7213, PAGE 957 OF THE POLK COUNTY RECORDER’S OFFICE; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL “D” TO THE NORTHEAST CORNER OF PARCEL “F” AS FILED IN BOOK 7213, PAGE 957 OF THE POLK COUNTY RECORDER’S OFFICE; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL “F” TO THE NORTHWEST CORNER OF SAID PARCEL “F”; THENCE SOUTHERLY ALONG SAID WEST LINE OF PARCEL “F’” TO THE SOUTHEAST CORNER OF THE NORTH 70.00 FEET OF PARCEL “B” AS FILED IN BOOK 7185, PAGE 969 OF THE POLK COUNTY RECORDER’S OFFICE; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTH 70.00 FEET OF PARCEL “B” TO THE WEST LINE OF SAID SECTION 7; THENCE SOUTHERLY ALONG SAID WEST LINE OF SECTION 7 AND THE WEST LINE OF SAID SECTION 18 TO THE INTERSECTION OF SAID WEST LINE OF SECTION 18 AND THE WESTERLY EXTENSION OF THE NORTH LINE OF PARCEL “M” AS FILED IN BOOK 8289, PAGE 641 OF THE POLK COUNTY RECORDER’S OFFICE; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION OF SAID NORTH LINE AND THE NORTH LINE OF SAID PARCEL “M” TO THE NORTHEAST CORNER OF SAID PARCEL “M”; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL “M” AND THE EAST LINE OF PARCEL “E”, AS FILED IN BOOK 7467, PAGE 387 OF THE POLK COUNTY RECORDER’S OFFICE TO THE SOUTHEAST CORNER OF SAID PARCEL “E”; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID PARCEL “E” TO THE WEST LINE OF PARCEL “O”, AS FILED IN BOOK 10797, PAGE 712 OF THE POLK COUNTY RECORDER’S OFFICE; THENCE SOUTHERLY ALONG SAID WEST LINE AND THE EXTENSION OF SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA INTERSTATE RAILROAD; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF FAIRLANE ADDITION, AN OFFICIAL PLAT; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID FAIRLANE ADDITION TO THE SOUTHEAST CORNER OF SAID FAIRLANE ADDITION BEING THE CENTER OF SAID SECTION 18; THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 TO THE SOUTHEAST CORNER OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE EASTERLY ALONG THE SOUTH LINE OF THE EAST 1/2 OF SAID SOUTHEAST 1/4 OF SAID SECTION 18 TO THE SOUTHEAST CORNER OF SAID EAST 1/2 OF THE SOUTHEAST 1/4; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19 TO THE EAST 1/4 CORNER OF SAID SECTION 19; THENCE WESTERLY ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 19 TO THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE SOUTHEAST 1/4; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID EAST 1/2 OF THE SOUTHEAST 1/4 TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SOUTHEAST 1/4 OF SECTION 19; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTHERLY ALONG THE EAST OF SAID SECTION 19 AND SECTION 30 TO THE CENTERLINE OF NE 27TH AVE. BEING THE POINT OF TERMINUS.
EXCEPT
THE EAST 1/2 OF SAID SECTION 9 AND THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 AND THE SOUTHEAST 1/4 OF SAID SECTION 4 LYING SOUTH OF SAID US HIGHWAY 6 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 4 LYING SOUTH OF SAID US HIGHWAY 6.
2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the Mud Creek Sanitary Sewer Connection Fee District #1, 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 this ordinance through June 30, 2022, a connection fee of $4,300 per acre of property served by the sewer facilities shall be imposed. Thereafter, the per-acre connection fee shall be annually adjusted as of July 1 of each year according to the following schedule:
Effective Date
Connection Fee ($/acre)
Effective Date
Connection Fee ($/acre)
July 1, 2022
$4,430
July 1, 2023
$4,560
July 1, 2024
$4,700
July 1, 2025
$4,840
July 1, 2026
$4,990
July 1, 2027
$5,140
July 1, 2028
$5,290
July 1, 2029
$5,450
July 1, 2030 and thereafter
$5,610
 
   B.   The above-established connection fee schedule shall also apply to any properties outside the Mud Creek Sanitary Sewer Connection Fee District #1 which use or derive benefit from any of the sewer facilities constructed for the Mud Creek Sanitary Sewer Connection Fee District #1. 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 Mud Creek Sanitary Sewer Connection Fee District #1 which do not use or derive benefit from any sewer facilities constructed for the Mud Creek Sanitary Sewer Connection Fee District #1.
   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 this ordinance 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 this ordinance 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 Mud Creek Sanitary Sewer Connection Fee District #1. Nothing herein is intended to restrict the City Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.
(Ord. 11-15-2021 #01 (594) – Dec 21 Supp.)