The South Service Area sanitary sewer connection fee district is hereby established, consisting of a tract of land in sections 14, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, township 78 north, range 25 west of the fifth principal meridian, Polk County, Iowa, and sections 4, 5 and 6, township 77 north, range 25 west of the fifth principal meridian, Warren County, Iowa, more particularly described as follows:
Beginning at the northeast corner of the northwest quarter of section 26, township 78 north, range 25 west of the fifth principal meridian;
Thence south, along the east line of the northwest quarter of said section 26, to the center of said section 26;
Thence south, along the east line of the southwest quarter of said section 26, to the northwest corner of the northeast quarter of said section 35;
Thence east, along the north line of said section 35, to the northeast corner of the northwest quarter of the northeast quarter of said section 35;
Thence south, along the east line of the west half of the northeast quarter of said section 35, to the southeast corner of the southwest quarter of the northeast quarter of said section 35;
Thence south, along the east line of the west half of the southeast quarter of said section 35, to the southeast corner of the southwest quarter of the southeast quarter of said section 35;
Thence west, along the south line of said section 35, to the southeast corner of said section 34;
Thence west along the south line of said section 34, to the northeast corner of section 4, township 77 north, range 25 west of the fifth principal meridian;
Thence south along the east line of said section 4 to the east quarter corner of said section 4;
Thence south along the east line of the southeast quarter of said section 4 to the southeast corner of the north one-half of the north one-half of the southeast quarter of said section 4;
Thence west along the south line of the north one-half of the north one-half of the southeast quarter of said section 4 to the southwest corner of the north one-half of the north one-half of the southeast quarter of said section 4;
Thence west along the south line of the north one-half of the north one-half of the southwest quarter of said section 4 to the southwest corner of the north one-half of the north one-half of the southwest quarter of said section 4;
Thence north along the west line of the southwest quarter of said section 4 to the west quarter corner of said section 4;
Thence west along the north line of the southeast quarter of section 5, township 77 north, range 25 west of the fifth principal meridian to the northwest quarter of the northeast quarter of the northeast quarter of the southeast quarter to said section 5;
Thence south along the west line of the northeast quarter of the northeast quarter of the southeast quarter of said section 5 to the southwest corner of the northeast quarter of the northeast quarter of the southeast quarter of said section 5;
Thence west along the south line of the north one-half of the north one-half of the southeast quarter of said section 5 to the southwest corner of the north one-half of the north one-half of the southeast quarter of said section 5;
Thence west along the south line of the northeast quarter of the northeast quarter of the southwest quarter of said section 5 to the southwest corner of the northeast quarter of the northeast quarter of the southwest quarter of said section 5;
Thence south along the east line of the southwest quarter of the northeast quarter of the southwest quarter of said section 5 to the southeast corner of the southwest quarter of the northeast quarter of the southwest quarter of said section 5;
Thence west along the south line of the northeast quarter of the southwest quarter of said section 5 to the southwest corner of the northeast quarter of the southwest quarter of said section 5;
Thence west along the south line of the northwest quarter of the southwest quarter of said section 5 to the southwest corner of the northwest quarter of the southwest quarter of said section 5;
Thence west along the south line of the north half of the southeast quarter of section 6, township 77 north, range 25 west of the fifth principal meridian to a point on the east right-of-way line of Interstate Highway 35;
Thence north along the easterly right-of-way line of Interstate 35; through said sections 61, 31 and 30 to the high water mark on the south bank of the Raccoon River;
Thence easterly along the high water mark of the south bank of the Raccoon River, through said sections 30, 29, 28, 21, 22, 23 and 14, to the east line of the southwest quarter of said section 14;
Thence south along the east line of the southwest quarter of said section 14, to the northeast corner of the northwest quarter of said section 23;
Thence south along the east line of the northwest quarter of said section 23, to the center of said section 23;
Thence south along the east line of the southwest quarter of said section 23, to the point of beginning.
Connection fees are hereby established and shall be imposed upon owners of properties within the South Service Area 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 five thousand two hundred sixty dollars ($5,260.00) 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 South Service Area sanitary sewer connection fee district which use or derive benefit from any of the sewer facilities constructed for the South Service Area 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 South Service Area sanitary sewer connection fee district which do not use or derive benefit from any sewer facilities constructed for the South Service Area 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. 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 South Service Area 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.
G. Sewers Constructed: The city shall be responsible to design and construct sewers within the South Service Area 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 South Service Area sanitary sewer connection fee district shall not be the responsibility of the city to design and construct under the provisions of the South Service Area sanitary sewer connection fee district. (Ord. 1890, 11-29-2010, eff. 1-1-2011)
Notes
| 1 | 1. See section 7-8C-14 of this article. |