§ 52.007  FEE FOR CONNECTION TO MUNICIPAL SANITARY SEWER UTILITY.
   (A)   Sewer connection fee districts established. Sewer connection fee districts are established for the purpose of collection within each such district of a fee from those property owners who shall make application to connect their properties to the municipal sanitary sewer utility of the city.
   (B)   District descriptions. The areas and properties included within the sewer connection fee districts shall be as set forth in the sanitary sewer preliminary connection fee schedule, dated 10-27-1997, referred to in this section as the “schedule”, maintained in the office of the City Clerk, such areas being described as follows:
      (1)   Area 2 generally includes the lots and parcels within an area bounded by Anson Street on the north, an extension of South 14th Avenue on the west, the city limits on the east and the southern boundary approximately 1,320 feet south of Olive Street;
      (2)   Area 3 generally includes the lots and parcels within an area bounded by Anson Creek and an extension thereof on the west, approximately 1,320 feet south of the extension of Merle Hibbs Boulevard for the south boundary, and including properties abutting both sides of Governor Road from such south boundary to a point approximately 2,900 feet to the north of Merle Hibbs Boulevard, and terminating at the southern property line of Fisher Controls;
      (3)   Area 4 generally includes the lots and parcels within an area bounded by Highway 30 on the south, South Center Street on the west, 240th Street on the north and Governor Road on the east, and also including the south half of the southeast quarter of Section 11, the south half of the southwest quarter of Section 12, all within Township 83 North, Range 18 West, of the fifth principal meridian in the county;
      (4)   Area 5 generally includes the lots and parcels within an area bounded by Parker Avenue and the northerly extension thereof on the west, Highway 30 on the south, on the east by the east line of the northwest quarter of the northwest quarter of Section 14, Township 83 North, Range 18 West of the fifth principal meridian in the county, and including the properties abutting the north side of 240th Street from South 14th Street to South Sixth Street;
      (5)   Area 6 generally includes the lots and parcels within an area bounded by West Olive Street on the north, South Sixth Street on the east, Westwood Drive on the south and the western boundary of Elmwood Acres Subdivision on the west, and including the property located directly south of Westwood Drive at its intersection with Timberline Road;
      (6)   Area 7 generally includes the lots and parcels within an area bounded by Highland Acres Road on the east, 218th Street on the north, the city limits to the south and to the west line of the northeast quarter of Section 5, Township 83 North, Range 18 West of the fifth principal meridian in the county, including Milo Park Subdivisions and additions and properties abutting Marshalltown Boulevard;
      (7)   Area 8 generally includes the lots and parcels abutting the west side of Highland Acres Road from West Main Street to 218th Street, including all of the northeast quarter of the southeast quarter of Section 32, Township 84 North, Range 18 West of the county, but excluding the Pheasant Run Subdivision. Area 8 also includes properties abutting Highland Acres Road at its intersection with Arnold Drive, and the property described as Lot 1 of the subdivision of the northwest quarter of the southwest quarter of Section 33, Township 84 North, Range 18 West, except the Williamsburg Addition to the city;
      (8)   Area 9 generally includes the lots and parcels within an area bounded by the city limits on the north and the west, including the southwest quarter of the southwest quarter of Section 28; the properties abutting the south side of Summit Street from Union Pacific (C&NW) Railway to North 22nd Street, excepting the properties abutting the west side of North 22nd Street. Area 9 also includes the properties located within the subdivision of the southeast quarter of the southwest quarter of Section 28, Township 84 North, Range 18 West of the county, and the properties abutting West Main Street from Valley View Drive to Highland Acres Road; and including the properties located on the south side of West State Street at or near its intersection with North 21st Street;
      (9)   Area 10 generally includes the lots and parcels within an area bounded by West Lincoln Way on the south, West Main Street on the north, an extension of Belaire Drive on the west and an extension of Orchard Drive on the east, and including the properties abutting Ann Rutledge Road on the east at or near its intersection with Reyclif Drive, and the properties abutting the north side of West Lincoln Way between Orchard Drive and Brentwood Road;
      (10)   Area 11 generally includes the lots and parcels within an area bounded by 233rd Street on the south from Highland Acres Road to its point of intersection as extended to South 12th Street on the east; South 12th Street from such point of intersection to West Lincoln Way being the east boundary, the north boundary being West Lincoln Way and the west boundary being Highland Acres Road; and
      (11)   Area 12 generally is described as the east 19 acres of the northeast quarter of Section 26 and the west half of the northwest quarter of Section 25, except the south 660 feet and the northwest one acre of such northwest quarter.
   (C)   Sanitary sewer utility connection fee.
      (1)   A connection fee is imposed for each connection made to the municipal sanitary sewer utility within the boundary of a sewer connection fee district described in division (B) above or any other location in the city that has not had a previous connection fee charged.
      (2)   The connection fee for all city-constructed sanitary sewers, no matter where or when they were constructed shall be $3,200. This fee shall include any lateral stub out costs incurred as part of the city-constructed sewer project.
      (3)   Property owners subject to the connection fees are not mandated to connect to the municipal sanitary sewer utility if they currently have a properly operating private treatment system. If a property owner’s private treatment system fails as determined by guidelines previously established by the Director of Public Works/City Engineer, the property owner will then be required to connect to the municipal sanitary sewer utility. If a property owner does not choose to connect to the sewer mains constructed as part of the a project, the property owner is not required to pay a connection fee until such time as a connection is made.
      (4)   If a property owner is subject to the connection fee and desires to connect to a sewer main constructed as part of the project, the connection fee amount shall be paid entirely at the time a sewer connection permit is obtained from the city by the property owner, or the property owner may pay 25% of such connection fee and may sign a waiver for deferred payments of the remaining balance of such cost, to be paid in five annual installments, together with interest at a rate set by I.C.A. § 74A.4, computed to December 1 following with the September payment of general taxes, and such property owner shall consent in writing for the filing of such assessment cost with the County Auditor for collection as provided in this section.
      (5)   Property owners may elect to pay the connection fee at any time, although they do not desire to use the municipal sanitary sewer utility, until such time as their private system is deemed to have failed.
      (6)   The connection fee for property owners connecting to a developer-constructed sewer or previously constructed special assessment sewer shall be $300, no matter where or when constructed.
      (7)   The property owner paying a connection fee will be responsible for the cost of providing the service line from the house to the public main or lateral stub out being constructed as part of the project.
(2013 Code, § 28-35)  (Ord. 14731, passed 1-12-2004)