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SEWER CONNECTION FEE DISTRICTS
§ 52.090 PURPOSE.
   (A)   The city has determined the necessity of establishing a policy and a procedure to be utilized to recover the cost of designing and constructing major sanitary sewer facilities in those instances in which a significant number of the properties to be benefitted by such facilities are not sufficiently developed to permit the recovery of those costs through the special assessment process as provided in Iowa Code Ch. 384, Div. IV. The city hereby declares its intent to utilize connection fees, as herein provided, to recover the costs of designing and constructing such major sanitary sewer facilities from property owners who connect to such facilities subsequent to their construction.
   (B)   It is the intent of this subchapter to set forth the method of recovery of proportional cost shares from those property owners who connect their properties to major sanitary sewer facilities subsequent to their construction, so that in the event that all property, other than street and road right-of-way, which lies within the benefitted district is connected to the major sanitary sewer 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, administrative and interest expenses associated therewith.
(2011 Code, § 24.1000.1)
§ 52.091 NOTICE.
   (A)   In the event the City Council determines the necessity of constructing a major sanitary sewer facility, and 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 cause a “notice of public hearing on the proposed adoption of an ordinance to establish a benefitted district and a connection fee” to be published in a newspaper of general circulation within the city as hereafter provided.
   (B)   In addition to indicating the date, time and place of the public hearing, the notice shall:
      (1)   Indicate the nature and extent of the major sanitary sewer facility or facilities under consideration for construction, as well as the estimated cost or costs for the design and construction of same;
      (2)   Identify by general description the proposed benefitted district to be served by the major sanitary sewer facility or facilities; and
      (3)   Set forth the proposed schedule of connection fees to be paid by property owners within the benefitted district who connect to said facilities, expressed in dollars per single-family equivalent for each type of use of land area served.
   (C)   The notice shall also state that the proposed connection fee ordinance is on file, along with a plat of the area to be served, and both are available for public inspection in the office of the City Clerk. Notice and public hearing shall be pursuant to the method set forth in the first sentence of Iowa Code § 384.38(3) (1999), referring to Iowa Code § 362.3. As a courtesy, a copy of the information contained in the notice shall be mailed by regular mail to each property owner within the benefitted district as shown by the records of the County Auditor.
(2011 Code, § 24.1000.2)
§ 52.092 PUBLIC HEARING.
   At the public hearing, the owners of property within the proposed benefitted district shall be heard and may offer comments or objections as to:
   (A)   The necessity for the project;
   (B)   The calculation of the area benefitted by the proposed major sanitary sewer facilities;
   (C)   The estimated cost of the proposed facilities; and
   (D)   The proposed connection fee per single-family equivalent for each type of use.
(2011 Code, § 24.1000.3)
§ 52.093 CONCLUSION OF PUBLIC HEARING.
   (A)   Upon concluding the hearing, the City Council shall rule upon the objections presented during the hearing and may consider the adoption of the proposed connection fee ordinance.
   (B)   Upon consideration of the proposed connection fee ordinance, the Council may:
      (1)   Adopt the ordinance as proposed;
      (2)   Delete elements or portions of the proposed major sanitary sewer facilities from the proposed project and the properties served thereby from the benefitted district proposed; or
      (3)   Amend the ordinance to revise the connection fee.
(2011 Code, § 24.1000.4)
§ 52.094 APPLICATION TO CONNECT.
   (A)   After adoption, publication and recording by the City Clerk in the county where the property in the benefited district is located, of a connection fee ordinance for a benefited district, all owners of those properties within the benefited district whose properties are eligible for connection, and who propose to connect such properties directly or indirectly to the major sanitary sewer facility, shall make application to the city for such connection.
   (B)   The submittal of construction plans to the city for sanitary sewer improvements or property being subdivided for development shall constitute an application to the city for purposes of this section.
   (C)   No connection shall be made to a sanitary sewer facility until such application has been approved and until the required connection fee has been paid; provided, such property has been appropriately subdivided for development and, where applicable, all sanitary sewer improvements necessary to serve said property have been constructed, at the owner’s expense, and accepted by the city.
   (D)   The sewer connection fee required by this subchapter shall be paid prior to connection to the sanitary sewer.
(2011 Code, § 24.1000.5)
§ 52.095 CONNECTION FEE.
   (A)   The sewer connection fee shall be in an amount equal to the single-family equivalent for each type of use sited on the area of contiguous property within the benefitted district under common ownership which can be lawfully served through such proposed connection, multiplied by the single- family equivalent connection fee established in the connection fee ordinance for that benefitted district.
   (B)   The connection fee 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.
   (C)   The rate of interest applicable to the connection fee established in each benefited district shall not exceed the rate of interest applicable to special assessments pursuant to Iowa Code Ch. 74A and § 384.60(3) in effect on the date that the connection fee was established for that district by enactment of a connection fee ordinance.
(2011 Code, § 24.1000.6)
§ 52.096 PAYMENT TO CITY TREASURER.
   The sewer connection fee required by this section shall be due and payable to the City Treasurer prior to connection.
(2011 Code, § 24.1000.7)
§ 52.097 FEES.
   The sewer connection fee required by this subchapter is in addition to, and not in lieu of, any other fees for connection required under the Plumbing Code or other provisions of the municipal code of the city.
(2011 Code, § 24.1000.8)
§ 52.098 DISCONNECTION.
   In the event any property owner connects his or her property within a benefitted district to a major sanitary sewer facility without having made application therefore or without having received approval thereof, or without having paid the required connection fee established by a connection fee ordinance, the city shall be entitled to disconnect such private sewer 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.
(2011 Code, § 24.1000.9)
§ 52.099 NORTHEAST SANITARY SUMP PUMP STATION DISTRICT.
   (A)   Boundaries.
      (1)   The Northeast Sanitary Sewer Pump Station Connection Fee District shall be all areas tributary to the Northeast Sanitary Sewer Pump Station to be constructed at 3601 North 4th Avenue East. The tributary area is all land able to be served by the Northeast Sanitary Sewer Pump Station which is generally located between Highway T-12, North 39th Avenue East, East 19th Street North and U.S. Highway 6.
      (2)   Below is Exhibit A, a map dated 3-11-1999 and shows the approximate Northeast Sanitary Sewer Pump Station connection fee district boundaries.
 
   (B)   Fees.
      (1)   The connection fee to be paid for each sanitary sewer service connection to the Northeast Sanitary Sewer Pump Station District shall be the product of the number of units times the single-family equivalent (SFE) times the connection fee for one single-family equivalent. The connection fee of each single-family equivalent connection shall be $300. The single-family equivalent for each type of use shall be the same as set forth in § 52.076(F) of this chapter.
Connection Fee $          = (# of units) x SFE x $300
      (2)   The sewer connection fee shall be paid prior to connection to the sanitary sewer. This sewer connection fee is in addition to, and not in lieu of, any other fees for connection required under the Plumbing Code or other provisions of the municipal code of the city.
(2011 Code, § 24.1001)
§ 52.100 SOUTHEAST INTERCHANGE SANITARY SEWER IMPROVEMENTS PHASES 1 AND 2 DISTRICT.
   (A)   Boundaries. The Southeast Interchange Sanitary Sewer Improvements Phase 1 and 2 Connection fee district shall be all areas tributary to the Southeast Interchange Sanitary Sewer Phase 1 and 2 District. The tributary area is all land able to be served by the Southeast Interchange Sanitary Sewer Improvements Phase 1 and 2 District which is generally located at a point beginning on South 13th Avenue East abutting 30-acre park, thence east to SE Beltline Road, thence southeasterly following SE Beltline Road to the point where SE Beltline Road begins to curve from eastbound to southbound, thence northwesterly to the intersection of South 9th Avenue East and East 36th Street South, thence north quite reaching 1st Avenue East, thence west passing across SE Beltline Road, thence south to the point of beginning. Below is Exhibit A, a map dated 8-1-2000 and shows the Southeast Interchange Sanitary Sewer Improvements Phases 1 and 2 District boundaries.
 
   (B)   Fees.
      (1)   The connection fee to be paid for each sanitary sewer service connection to the Southeast Interchange Sanitary Sewer Improvements Phases 1 and 2 District shall be the product of the number of units times the single-family equivalent (SFE) times the connection fee for one single-family equivalent. The connection fee for each single-family equivalent connection shall be $300. The single-family equivalent for each type of use shall be the same as set forth in § 52.076(F) of this chapter.
Connection Fee $___________ = (# of units) x SFE x $300
      (2)   The sewer connection fee shall be paid prior to connection to the sanitary sewer. This sewer connection fee is in addition to, and not in lieu of, any fees for connection required under the Plumbing Code (for example - § 52.075(G)(2) of this chapter - capital cost recovery fee), or other provisions of the municipal code of the city.
   (C)   Exception to fees.
      (1)   Division (B) above shall not apply for those properties having already paid for sewer. The land which has already paid for sewer to be served by the Southeast Interchange Sanitary Sewer Improvements Phases 1 and 2 is generally located within the district and either:
         (a)   North of South 9th Avenue East and SE Beltline Road; or
         (b)   North of South 13th Avenue East, west of SE Beltline Road and south of South 9th Avenue East.
      (2)   The above referenced Exhibit A, a map dated 8-1-2000, which shows the Southeast Interchange Sanitary Sewer Improvements Phases 1 and 2 District boundaries also shows the general area which is exempted from the connection fee.
(2011 Code, § 24.1002) (Ord. 2442, passed 2-19-2024)
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