The City has determined the necessity of establishing a policy and a procedure to be utilized to recover the cost of design and construction of major sanitary sewer facilities in those instances in which a significant number of the properties to be benefited by such facilities are not sufficiently developed to permit the recovery of those costs through the special assessment process as provided in Chapter 384, Division IV of the Code of Iowa. The City hereby declares its intent to utilize connection fees, as herein provided, to recover the costs for design and construction of such major sanitary sewer facilities from property owners who connect to such facilities subsequent to their construction.

   It is the intent of this chapter 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 benefited 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 percent of the cost for design and construction of such facilities, including legal, administrative, and interest expenses associated therewith.

   1.   In the event the Council determines the necessity for construction of 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 Council shall cause a “Notice of Public Hearing on the Proposed Adoption of an Ordinance to Establish a Benefited District and a Connection Fee Schedule” to be published in a newspaper of general circulation within the City as hereafter provided. In addition to indicating the date, time, and place of the public hearing, the notice shall:

      A.   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;

      B.   Identify by general description the proposed benefited district to be served by the major sanitary sewer facility or facilities; and

      C.   Set forth the proposed yearly schedule of connection fees to be paid by property owners within the benefited district who connect to said facilities, expressed in dollars per acre of land area served.

   The notice shall also state that the proposed connection fee ordinance is on file, along with a service area map of the area to be served, and both are available for public inspection in the office of the Clerk. The notice shall be published not more than 45 days and not less than 20 days prior to the scheduled date of the public hearing, and shall be mailed to each property owner within the benefited district as shown by the records of the County Auditor.

   2.   At the public hearing, the owners of property within the proposed benefited district shall be heard and may offer comments or objections as to:

      A.   The necessity for the project;

      B.   The calculation of the area benefited by the proposed major sanitary sewer facilities;

      C.   The estimated cost of the proposed facilities;

      D.   The proposed per acre connection fee; and

      E.   The graduated yearly connection fee schedule.

   3.   Upon concluding the hearing, the Council shall rule upon the objections presented during the hearing and may consider the adoption of the proposed connection fee ordinance. Upon consideration of the proposed connection fee ordinance, the Council may:

      A.   Adopt the ordinance as proposed;

      B.   Delete elements or portions of the proposed major sanitary sewer facilities from the proposed project and the properties served thereby from the benefited district proposed; or

      C.   Amend the ordinance to revise the connection fee schedule.

   4.   The connection fee ordinance may provide, at the Council’s discretion, that single-family residences within the benefited district, in existence or under construction upon the effective date of the ordinance, and located within the corporate limits of the City, are eligible for connection to the major sanitary sewer facility. In that event, the ordinance shall include the following provisions:

      A.   That the owners of residences on parcels of less than one acre in size located within the City may connect such residences to the major sanitary sewer facility upon approval of their application for connection, payment of the connection fee for the parcel, and construction, at the owner’s expense, of appropriate connection structures, as determined necessary by the Public Works Director.

      B.   That the owners of residences on parcels in excess of one acre in size located within the City may connect such residences to the major sanitary sewer facility upon approval of their application for connection, subdivision of said parcel into a residence parcel and an outlot, payment of the connection fee for the residence parcel, and construction, at the owner’s expense, of appropriate connection structures, as determined necessary by the Public Works Director.

      C.   The connection fee ordinance may also provide, at the Council’s discretion, that sanitary sewer service can be provided to recreational and park facilities in the same manner and under the same procedures set forth in this section for single-family residences within the benefited district.

   All other property located within the corporate limits of the City and within a benefited district shall be eligible for connection to the major sanitary sewer facility upon approval of an application for connection by the owner thereof, as hereafter provided, and payment of the connection fee for such property, 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.

   5.   After adoption, publication, and recording by the Clerk 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. The submittal of construction plans to the City for sanitary sewer improvements on property being subdivided for development shall constitute an application to the City for purposes of this chapter. The sewer connection fee shall be due and payable at the time application is made to the City for connection to the major sanitary sewer facility. No connection shall be made to a major sanitary sewer facility until such application has been approved and until the required connection fee has been paid. The sewer connection fee shall be paid before the City will approve the final plat of property subject to the sewer connection fee.

   6.   The sewer connection fee shall be in an amount equal to the maximum acre area of contiguous property, or fraction thereof, within the benefited district under common ownership which can be lawfully served through such proposed connection, multiplied by the per acre connection fee established in the connection fee ordinance for that benefited district. 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. 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 Chapter 74A and Section 384.60(3) of the Code of Iowa in effect on the date that the connection fee was established for that district by enactment of a connection fee ordinance.

   7.   The sewer connection fee required by this chapter shall be due and payable to the Clerk and is in addition to, and not in lieu of, any other fees for connection required under the plumbing code or other provisions of this Code of Ordinances.

   8.   In the event any property owner connects their property within a benefited district to a major sanitary sewer facility without having made application therefor 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 their application, or has paid the required connection fee.

   1.   The West Side Sanitary Sewer Connection Fee District is hereby established, consisting of a tract of land in Sections 10, 14, 15, 22, 23, 24, 25, and 26, Township 79 North, Range 23 West of the Fifth Principal Meridian, Polk County, Iowa, more particularly described as follows:

   THAT PART OF:

   THE SOUTH 1/2 OF SECTION 10 LYING EAST OF RELOCATED PRIMARY ROAD NO. U.S. 65 AND SOUTH OF INTERSTATE 80 AND

   THAT PART OF INTERSTATE 80 RIGHT-OF-WAY IN SAID SECTION 10 LYING SOUTH OF A LINE BEING 175 FEET NORMALLY DISTANT FROM THE CENTERLINE OF SAID INTERSTATE 80, SAID PARCEL BEING ACQUIRED BY WARRANTY DEED RECORDED IN BOOK 3643, PAGE 143. AND

   THAT PART OF SECTION 15 LYING EAST OF SAID U.S. 65 AND

   LOTS 1 THROUGH 13, WAYSIDE ACRES, BEING AN OFFICIAL PLAT, AND THE ROAD RIGHT-OF-WAY ADJOINING EAST AND SOUTH OF SAID LOTS 1 THROUGH 13 ALL IN SECTION 14 AND

   THAT PART OF SECTION 22 LYING EAST OF SAID U.S. 65 AND

   THE SOUTH 1/2 LYING EAST OF SAID U.S. 65, THE SOUTH 1/2 OF THE NORTHEAST 1/4, THE SOUTH 1/2 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 ALL IN SECTION 23 AND

   THE WEST 21.22 ACRES EXCEPT THE NORTH 20 RODS, LOT 1, THE OFFICIAL PLAT OF THE NORTHWEST 1/4 OF SAID SECTION 23 AND

   THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 LYING SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE FORMER CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD IN SAID SECTION 23 AND

   THE SOUTHWEST 1/4 OF SECTION 24 AND

   THE NORTHWEST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 25

   ALL BEING IN TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF ALTOONA, POLK COUNTY, IOWA AND

   THAT PART OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF ALTOONA, POLK COUNTY, IOWA AND MORE PARTICULARITY DESCRIBED AS FOLLOWS:

   BEGINNING AT THE CENTER OF SAID SECTION 24; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF SECTION 24 TO THE NORTH 1/4 CORNER OF SAID SECTION 25; THENCE SOUTH ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 25 TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 25; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHWEST 1/4 TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 TO A POINT BEING 357.4 FEET WEST OF THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH ALONG A LINE PARALLEL WITH AND 357.4 FEET WEST OF SAID WEST LINE TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4; THENCE WEST ALONG SAID NORTH LINE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID RELOCATED PRIMARY ROAD NO. U.S. 65, SAID POINT BEING 190 FEET EASTERLY OF AND NORMALLY DISTANT TO THE CENTERLINE OF SAID U.S. 65; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY AND ALONG A CURVE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE HEARTLAND RAIL CORPORATION, SAID POINT BEING 190 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE; THENCE CONTINUING NORTHWESTERLY TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID HEARTLAND RAIL CORPORATION, SAID POINT BEING 140 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE; THENCE CONTINUING NORTHWESTERLY ALONG A LINE 140 FEET EASTERLY OF AND NORMALLY DISTANT TO SAID CENTERLINE TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 23, SAID POINT BEING ON SAID EASTERLY RIGHT-OF-WAY OF U.S. 65; THENCE CONTINUING NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE NORTH TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NE 46TH AVENUE; THENCE WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. 65; THENCE NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE; THENCE NORTHEASTERLY CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG A CURVE TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 80; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE EASTERLY LINE OF SAID SECTION 10; THENCE SOUTH ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID SECTION 15; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 15 TO THE INTERSECTION OF SAID EAST LINE WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1, WAYSIDE ACRES, BEING AN OFFICIAL PLAT; THENCE EAST ALONG SAID WESTERLY EXTENSION AND ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 13 AND THE SOUTHERLY EXTENSION OF SAID EAST LINE TO A POINT ON THE NORTH LINE OF SAID SECTION 23; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE SOUTHEAST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SAID SECTION 23 AND THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23 TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 23 TO THE WEST 1/4 CORNER OF SAID SECTION 24; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 24 TO THE POINT OF BEGINNING.

   2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the West Side Sanitary Sewer Connection Fee District, pursuant to City Ordinance No. 5-99 #2 (33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      B.   The above-established connection fee schedule shall also apply to any properties outside the West Side Sanitary Sewer Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the West Side 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.   The above-established connection fee schedule shall not apply to any properties within the West Side Sanitary Sewer Connection Fee District which do not use or derive benefit from any sewer facilities constructed for the West Side Sanitary Sewer Connection Fee District.

      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 Ordinance No. 3-01 #1 (78) 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 Ordinance No. 3-01 #1 (78) 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 Council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the West Side Sanitary Sewer Connection Fee District. Nothing herein is intended to restrict the Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.

   1.   The Southeast Side Sanitary Sewer Connection Fee District is hereby established, consisting of a tract of land in Sections 19 and 30, Township 79 North, Range 22 West, and Section 25 and 36, Township 79 North, Range 23 West of the Fifth Principal Meridian, Polk County, Iowa, more particularly described as follows:

   THAT PART OF:

   The South ½ of the Southeast ¼ of said Section 24;

   AND

   The Northeast ¼ and the North ½ of the Southeast ¼, all in said Section 25;

   AND

   The Southwest ¼ and the Southeast ¼, all in said Section 19, including Country Cove Plats 1, 2 and 4, being Official Plats;

   AND

   The Northwest ¼, the West ¼ of the Northeast ¼, the East ¾ of the North ¼ of said Northeast ¼, the North ½ of the Southwest ¼ and the West ¾ of the North ½ of the Southeast ¼, all in said Section 30.

   2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the Southeast Side Sanitary Sewer Connection Fee District, pursuant to City Ordinance No. 5-99 #2 (33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      B.   The above-established connection fee schedule shall also apply to any properties outside the Southeast Side Sanitary Sewer Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the Southeast Side 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.   The above-established connection fee schedule shall not apply to any properties within the Southeast Side Sanitary Sewer Connection Fee District which do not use or derive benefit from any sewer facilities constructed for the Southeast Side Sanitary Sewer Connection Fee District.

      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 Ordinance No. 05-02 #1 (103) 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 Ordinance No. 05-02 #1 (103) 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 Council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the Southeast Side Sanitary Sewer Connection Fee District. Nothing herein is intended to restrict the Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.

   1.   The South Side Sanitary Sewer Connection Fee District is hereby established, consisting of a tract of land in Sections 30 and 31, Township 79 North, Range 22 West, and Sections 25, 26 and 36, Township 79 North, Range 23 West of the Fifth Principal Meridian, Polk County, Iowa, more particularly described as follows:

   A PART OF SECTION 30, 31 IN TOWNSHIP 79 NORTH, RANGE 22 WEST OF THE 5TH P.M., AND A PART OF SECTION 25, 26, 36 IN TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., ALL BEING IN POLK COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

   BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHEAST ¼ OF SAID SECTION 31 TO THE EAST ¼ CORNER OF SAID SECTION 31; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTHEAST ¼ OF SECTION 31 TO THE CENTER OF SAID SECTION 31; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 31 TO THE WEST ¼ CORNER OF SAID SECTION 31; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF SAID SECTION 36 TO A POINT ON THE EAST LINE OF PARCEL “B” AS SHOWN ON A PLAT OF SURVEY RECORDED IN BOOK 10390, PAGE 159; THENCE NORTH ALONG SAID EAST LINE OF PARCEL “B” TO THE NORTHEAST CORNER OF SAID PARCEL “B”; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL “B” TO THE NORTHWEST CORNER OF SAID PARCEL “B”; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL “B” TO A POINT ON SAID SOUTH LINE OF THE NORTHEAST ¼ OF SECTION 36; THENCE WEST ALONG SAID SOUTH LINE OF THE NORTHEAST ¼ OF SECTION 36 TO THE CENTER OF SAID SECTION 36; THENCE NORTH ALONG THE WEST LINE OF SAID NORTHEAST ¼ OF SECTION 36 TO THE NORTH ¼ CORNER OF SAID SECTION 36; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 25 TO THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 26 TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 65; THENCE NORTH ALONG SAID EASTERLY U.S. HIGHWAY 65 RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 26; THENCE WEST ALONG SAID EASTERLY U.S. HIGHWAY 65 RIGHT OF WAY LINE AND ALONG SAID SOUTH LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 26 TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE ABANDONED CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD; THENCE NORTH ALONG SAID EASTERLY RAILROAD RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 26; THENCE EAST ALONG SAID NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ AND ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 26 TO THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 26; THENCE CONTINUING EAST ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ AND ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ AND ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ AND ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ ALL IN SAID SECTION 25 TO THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 25; THENCE CONTINUING WEST ON THE NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ AND ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ AND ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ AND ALONG THE NORTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ ALL IN SAID SECTION 30 TO THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼ TO THE EAST ¼ CORNER OF SAID SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 30 TO THE POINT OF BEGINNING.

   2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the South Side Sanitary Sewer Connection Fee District, pursuant to Ordinance No. 5-99 #2 (33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      B.   The above-established connection fee schedule shall also apply to any properties outside the South Side Sanitary Sewer Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the South Side 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.   The above-established connection fee schedule shall not apply to any properties within the South Side Sanitary Sewer Connection Fee District which do not use or derive benefit from any sewer facilities constructed for the South Side Sanitary Sewer Connection Fee District.

      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 Ordinance No. 7-17-06 #2 (223) 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 Ordinance No. 7-17-06 #2 (223) 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 Council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the South Side Sanitary Sewer Connection Fee District. Nothing herein is intended to restrict the Council from appropriate adjustment of the connection fee schedule to reflect future construction costs

   1.   The North I-80 Sanitary Sewer Connection Fee District is hereby established, consisting of a tract of land in Sections 2, 3, 10, 11, and 12, Township 79 North, Range 23 West of the Fifth Principal Meridian, Polk County, Iowa, more particularly described as follows:

   A PART OF SECTIONS 2, 3, 10, 11 AND 12 IN TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M., POLK COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

   THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;

   AND

   THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;

   AND

   THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;

   AND

   THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 3;

   AND

   THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 3;

   AND

   THAT PART OF SAID SECTION 10 LYING NORTH OF INTERSTATE HIGHWAY 80;

   AND

   THE NORTHWEST 1/4 OF SAID SECTION 11;

   AND

   THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11 LYING NORTH OF INTERSTATE HIGHWAY 80

   AND

   THE WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 11 LYING NORTH OF A LINE BEGINNING AT THE CENTER OF SAID SECTION 11; THENCE EAST 107.1 FEET; THENCE NORTHEASTERLY TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 THEREOF;

   AND

   THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11 LYING NORTH AND WEST OF HIGHWAY 65;

   AND

   THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12 LYING NORTH AND WEST OF HIGHWAY 65.

   2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the North I-80 Sanitary Sewer Connection Fee District, pursuant to Ordinance No. 5-99 #2(33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      B.   The above-established connection fee schedule shall also apply to any properties outside the North I-80 Sanitary Sewer Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the North I-80 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.   The above-established connection fee schedule shall not apply to any properties within the North I-80 Sanitary Sewer Connection Fee District which do not use or derive benefit from any sewer facilities constructed for the North I-80 Sanitary Sewer Connection Fee District.

      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 Ordinance No. 03-16-2009 #1 (300) 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 Ordinance No. 03-16-2009 #1 (300) 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 Council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the North I-80 Sanitary Sewer Connection Fee District. Nothing herein is intended to restrict the Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.

   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 Ordinance No. 5-99 #2(33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      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 Council 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 Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.

   THE NORTH 1/2 AND THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE NORTH 1/2 AND THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 8, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M. LYING EAST OF THE CENTERLINE OF NE BERWICK DRIVE.

   AND

   LOTS 1 THROUGH 19, BERWICK, AN OFFICIAL PLAT.

   AND

   LOTS 7 AND 8, BERWICK PLACE, AN OFFICIAL PLAT.

   AND

   LOTS 5 AND 6, BAUER HEIGHTS PLAT 3, AN OFFICIAL PLAT

   AND

   LOT 2 OF THE OFFICIAL PLAT OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE NORTHEAST FRACTIONAL 1/4 LYING SOUTHEASTERLY OF THE CENTERLINE OF NE BERWICK DRIVE EXCEPT LOTS 1 THROUGH 6 BER ­ OAK ACRES, AN OFFICIAL PLAT AND EXCEPT LOT 1 BER - OAK ACRES PLAT 2, AN OFFICIAL PLAT AND EXCEPT THE EAST 266 FEET OF THE NORTH 56.87 ACRES OF THE NORTHEAST FRACTIONAL 1/4 AND EXCEPT THE EAST 34.43 ACRES OF THE NORTH 56.87 ACRES SOUTHEAST OF NE BERWICK DRIVE OF THE NORTHEAST FRACTIONAL 1/4 ALL BEING A PART OF SECTION 5, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   ALL OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE NORTH 1/2 AND THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE NORTHWEST 1/4 AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   ALL OF SECTIONS 33 AND 34, TOWNSHIP 80 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   AND

   THE WEST 1/2 OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 23 WEST OF THE 5THP.M.

   AND

   THE WEST 616.15 FEET OF THE NORTH 793.86 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 23 WEST OF THE 5TH P.M.

   2.   District Connection Fees. Connection fees are hereby established and shall be imposed upon owners of properties within the Muchikinock Creek Sanitary Sewer Connection Fee District #1, pursuant to Ordinance No. 5-99 #2(33), at the time of application to connect their properties to said sewer facilities, as follows:

 

      B.   The above-established connection fee schedule shall also apply to any properties outside the Muchikinock Creek Sanitary Sewer Connection Fee District #1 which use or derive benefit from any of the sewer facilities constructed for the Muchikinock 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 Muchikinock Creek Sanitary Sewer Connection Fee District #1 which do not use or derive benefit from any sewer facilities constructed for the Muchikinock Creek Sanitary Sewer Connection Fee District #1.

      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 Council adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the Muchikinock Creek Sanitary Sewer Connection Fee District #1. Nothing herein is intended to restrict the Council from appropriate adjustment of the connection fee schedule to reflect future construction costs.