The Grand Avenue West sanitary sewer connection fee district is hereby established, consisting of a tract of land in sections 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34 and 35, township 78 north, range 26 west of the 5th principal meridian, Dallas County, Iowa, more particularly described as follows:
Beginning at the point of intersection of the east line of Section 24, Township 78 North, Range 26 West of the 5th Principal Meridian and the north right-of-way line of Booneville Road;
Thence north along the east line of said Section 24 to the east quarter corner of said Section 24;
Thence westerly to the southeast corner of the Lot 44 Lakeview Heights, an official plat in and forming a part of Dallas County, Iowa;
Thence northerly along the east line of said Lot 44 to the northeast corner of said Lot 44;
Thence westerly along the northerly line of said Lot 44 to the northwest corner of said Lot 44;
Thence northerly along the westerly line of Lot 51 Lakeview Heights to the northwest corner of said Lot 51;
Thence northerly along the westerly line of Lot 52 Lakeview Heights to the northwest corner of said Lot 52;
Thence northerly along the westerly line of Lot 59 Lakeview Heights to the northwest corner of said Lot 59;
Thence northerly along the westerly line of Lot 60 Lakeview Heights to the northwest corner of said Lot 60, said point also being located on the southerly line of the northeast quarter of the northeast quarter of said Section 24;
Thence westerly along the southerly line of the northeast quarter of the northeast quarter of said Section 24 to the southwest corner of the northeast quarter of the northeast quarter of said Section 24;
Thence northerly along the westerly line of the northeast quarter of the northeast quarter of said Section 24 to the southwest corner of Lot 87 Lakeview Heights;
Thence northerly along the westerly line of Lot 87 to the northwest corner of said Lot 87 Lakeview Heights, said corner also being the northwest corner of the northeast quarter of the northeast quarter of said Section 24;
Thence westerly along the northerly line of the northwest quarter of the northeast quarter of said Section 24 to the north quarter corner of said Section 24;
Thence northerly along the east line of the southwest quarter of Section 13, Township 78 North, Range 26 West, to the center of said Section 13;
Thence westerly along the southerly line of the northwest quarter of said Section 13 to the west 1/4 corner of said Section 13;
Thence westerly along the southerly line of the northeast quarter of Section 14, Township 78 North, Range 26 West to the center of Section 14;
Thence westerly along the southerly line of the northwest quarter of Section 14 to the west quarter corner of Section 14;
Thence northerly along the westerly line of the southwest quarter of the northwest quarter of Section 14 to the northwest corner of the southwest quarter of the northwest quarter of Section 14;
Thence westerly along the southerly line of the northeast quarter of the northeast quarter of Section 15, Township 78 North, Range 26 West to the southwest corner of the northeast quarter of the northeast quarter of Section 15;
Thence northerly along the westerly line of the northeast quarter of the northeast quarter of Section 15 to the northwest corner of the northeast quarter of the northeast quarter of Section 15;
Thence northerly along the westerly line of the southeast quarter of the southeast quarter of Section 10, Township 78 North, Range 26 West to the northwest corner of the southeast quarter of the southeast quarter of Section 10;
Thence easterly along the northerly line of the southeast quarter of the southeast quarter of Section 10 to the northeast corner of the southeast quarter of the southeast quarter of Section 10;
Thence northerly along the east line of the southeast quarter of Section 10 to the east quarter corner of Section 10;
Thence northerly along the easterly line of the northeast quarter of Section 10 to the centerline of Wendover Road;
Thence westerly along the centerline of Wendover Road to a point where the right-of-way of Wendover Road is adjacent to the southerly right-of-way of Interstate 80;
Thence southwesterly and westerly along the southerly right-of-way line of Interstate 80 to the point of intersection with the west line of the southeast quarter of the southwest quarter of Section 9, Township 78 North, Range 26 West;
Thence southerly along the westerly line of the southwest quarter of the southeast quarter of Section 9 to the southwest corner of the southwest quarter of the southwest quarter of Section 9;
Thence southerly along the easterly line of the northwest quarter of the northwest quarter of Section 16, Township 78 North, Range 26 West to the southeast corner of the northwest quarter of the northwest quarter of Section 16;
Thence westerly along the southerly line of the northwest quarter of the northwest quarter of Section 16 to the southwest corner of the northwest quarter of the northwest quarter of Section 16;
Thence westerly along the southerly line of the northeast quarter of the northeast quarter of Section 17, Township 78 North, Range 26 West to the southwest quarter of the northeast quarter of the northeast quarter of Section 17;
Thence westerly along the southerly line of the northwest quarter of the northeast quarter of Section 17 to the southwest corner of the northwest quarter of the northeast quarter of Section 17;
Thence southerly along the easterly line of the southeast quarter of the northwest quarter of Section 17 to the southeast corner of the southwest quarter of the northwest quarter of Section 17, said point being the center of Section 17;
Thence westerly along the southerly line of the southeast quarter of the northwest quarter of Section 17 to the southwest corner of the southeast quarter of the northwest quarter of Section 17;
Thence southerly along the westerly line of the northeast quarter of the southwest quarter of Section 17 to the southwest corner of the northeast quarter of the southwest quarter of Section 17;
Thence southerly along the westerly line of the southeast quarter of the southwest quarter of Section 17 to the southwest corner of the southeast quarter of the southwest quarter of Section 17;
Thence easterly along the southerly line of the southeast quarter of the southwest quarter of Section 17 to the southeast corner of the southeast corner of the southwest quarter of Section 17, said point also being the north quarter corner of Section 20, Township 78 North, Range 26 West;
Thence southerly along the easterly line of the northwest quarter of Section 20 to the center of Section 20;
Thence westerly along the southerly line of the northwest quarter of Section 20 to the west quarter corner of Section 20;
Thence southerly along the westerly line of Section 20 to the southwest quarter corner of said Section 20;
Thence southerly along the westerly line of Section 29, Township 78 North, Range 26 West, to the southwest quarter corner of said Section 29;
Thence southerly along the westerly line of Section 32, Township 78 North, Range 26 West, to the high water mark on the north bank of the Raccoon River;
Thence easterly along the high water mark on the north bank of the Raccoon River through said Section 27, 34, 35, 26, 25 and 30, to the west right-of-way line of Interstate Highway 35;
Thence northerly along the west right-of-way line of Interstate Highway 35 to the north line of Section 30, Township 78 North, Range 25 West;
Thence west along the south line of Section 19, Township 78, Range 24 West to the southeast corner of the southwest quarter of said Section 19;
Thence west along the south line of said Section 19 to the southwest corner of the east 1/2 of the southwest quarter of said Section 19;
Thence north along the west line of the east 1/2 of the southwest quarter of said Section 19 to a point on the north right-of-way line of Booneville Road;
Thence northwesterly along the north right-of-way line of Booneville Road to the point of beginning.
Connection fees are hereby established and shall be imposed upon owners of properties within the Grand Avenue West sanitary sewer connection fee district, pursuant to ordinance 1337 1 , at the time of application to connect their properties to said sewer facilities, as follows:
A. Fee Schedule: From the effective date hereof through June 30, 2011, a connection fee of three thousand six hundred seventy dollars ($3,670.00) per acre of property served by the sewer facility shall be imposed. Thereafter, the per acre connection fee shall be annually adjusted as of July 1 of each year according to section 7-8C-14 of this article.
B. Fee Outside District: The above established connection fee schedule shall also apply to any properties outside the Grand Avenue West sanitary sewer connection fee district which use or derive benefit from any of the sewer facilities constructed for the Grand Avenue West 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. Exception: The above established connection fee schedule shall not apply to any properties within the Grand Avenue West sanitary sewer connection fee district which do not use or derive benefit from any sewer facilities constructed for the Grand Avenue West sanitary sewer connection fee district.
D. Payment: 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 recordation, or issuance of a building or plumbing permit, whichever occurs first.
E. Park Facility: The owner of any parcel being used as a public or nonprofit recreational or park facility upon the effective date hereof may apply for construction upon annexation to the city and payment of a single acre connection fee. Any future development of said parcel shall necessitate a revised application for connection and payment of the appropriate connection fee.
F. Community College: Any parcel for which a proposal of development as a community college campus is under consideration by the city council at the time of the effective date hereof shall be exempt from payment of any connection fee to serve the college facilities.
G. Effect Of Schedule: The above established connection fee schedule shall remain in force and effect until such time that the city council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the Grand Avenue West 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.
H. Sewers Constructed: The city shall be responsible to design and construct sewers within the Grand Avenue West sanitary sewer connection fee district as graphically depicted on exhibit B attached to the ordinance codified herein and on file in the office of the city clerk. Other sanitary sewers required to provide sewer service to the Grand Avenue West sanitary sewer connection fee district shall not be the responsibility of the city to design and construct under the provisions of the Grand Avenue West sanitary sewer connection fee district. (Ord. 1891, 11-29-2010, eff. 1-1-2011)
Notes
| 1 | 1. See section 7-8C-14 of this article. |