ORDINANCE NO. 13,964

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Sections 118-212 and 118-213, and Sections 21-70.05 and 21-70.06 of Appendix G thereof and enacting new Sections 118-212 and 118-213 and Sections 21-70.05 and 21-70.06 of Appendix G, providing for the amendment of the benefited district boundaries and connection fees for connection to the Southwest Airport Area Trunk Sanitary Sewer System and the Northwest Airport Area Trunk Sanitary Sewer System, and providing for the collection of interest on said connection fees upon deferred connection to said trunk sanitary sewers.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by repealing Sections 118-212 and 118-213 and Sections 21-70.05 and 21-70.06 of Appendix G thereof and enacting new Sections 118-212 and 118-213 and Sections 21-70.05 and 21-70.06 of Appendix G, relating to fee for connection to Southwest Airport Area Trunk Sanitary Sewer System and the Northwest Airport Area Trunk Sanitary Sewer System, as follows:

(a) Pursuant to section 118-208 of this division, the Southwest Airport Area Trunk Sanitary Sewer System Benefited District is established for the purpose of collecting within the district a fee from those property owners who shall make application to connect their properties to the sewer.

(b) The boundaries of the Southwest Airport Area Trunk Sanitary Sewer System Benefited District shall be as described in article I of appendix G to this Code.

(c) A connection fee is established and imposed upon the owners of properties within the Southwest Airport Area Trunk Sanitary Sewer System Benefited District who shall make application to connect their properties to the sewer pursuant to section 118-208 of this division. The connection fee for the Southwest Airport Trunk Sanitary Sewer System Benefited District shall be $1,840.51 for each acre of property connected to the trunk sewer during the period from initial enactment of the connection fee on July 16, 2001 to June 30, 2002. Thereafter, the per-acre connection fee for connections to the sewer shall be annually adjusted as of July 1 of each year by applying simple interest thereto at the rate of nine percent per annum, simple interest, as per the following schedule:

The per-acre connection fee applicable to all subsequent connections to the Southwest Airport Area Sanitary Trunk Sewer shall be established by applying interest to the previous year's per acre connection fee at the rate of nine percent per annum, simple interest. The schedule of connection fees shall be administered and applied as provided in section 118-208 of this division.

(d) Single-family residences within the Southwest Airport Area Trunk Sanitary Sewer System Benefited District, in existence or under construction upon the effective date of the ordinance from which this section derives, and located within the corporate limits are eligible for connection to the Southwest Airport Trunk Sanitary Sewers. Owners of such residences on parcels of less than one acre in size located within the city and within the benefited district may connect such residences to the Southwest Airport Area Trunk Sanitary Sewers upon approval of their application for connection, payment of the connection fee for the parcel, and construction of appropriate connection structures, as determined necessary by the city engineer. Owners of such residences on parcels in excess of one acre in size located within the city and within the benefited district may connect such residences to the Southwest Airport Area Trunk Sanitary Sewers upon approval of their application for connection, subdivision of the parcel into a residence parcel and an outlot, payment of the connection fee for the residence parcel, and construction of appropriate connection structures, as determined necessary by the city engineer. All other property located within the corporate limits and within the Southwest Airport Area Trunk Sanitary Sewer System Benefited District shall be eligible for connection to the Southwest Airport Area Trunk Sanitary Sewers upon approval of an application for connection by the owner thereof and payment of the connection fee for such property, provided such property has been appropriately subdivided for development, and provided that all sanitary sewer improvements necessary to serve the property have been constructed and approved by the city.

(a) Pursuant to section 118-208 of this division, the Northwest Airport Area Trunk Sanitary Sewer System Benefited District is established for the purpose of collecting within the district a fee from those property owners who shall make application to connect their properties to the sewer.

(b) The boundaries of the Northwest Airport Area Trunk Sanitary Sewer System Benefited District shall be as described in article I of appendix G to this Code.

(c) A connection fee is established and imposed upon the owners of properties within the Northwest Airport Area Trunk Sanitary Sewer System Benefited District who shall make application to connect their properties to the sewer pursuant to section 118-208 of this division. The connection fee for the Northwest Airport Area Trunk Sanitary Sewer System Benefited District shall be $1,825.69 for each acre of property connected to the trunk sewer during the period from initial enactment of the connection fee on July 16, 2001 to June 30, 2002. Thereafter, the per-acre connection fee for connections to the sewer shall be annually adjusted as of July 1 of each year by applying simple interest thereto at the rate of nine percent per annum, simple interest, as per the following schedule:

The per-acre connection fee applicable to all subsequent connections to the Northwest Airport Area Sanitary Trunk Sewer shall be established by applying interest to the previous year's per acre connection fee at the rate of nine percent per annum, simple interest. The schedule of connection fees shall be administered and applied as provided in section 118-208 of this division.

(d) Single-family residences within the Northwest Airport Area Trunk Sanitary Sewer System Benefited District, in existence or under construction upon the effective date of the ordinance from which this section derives, and located within the corporate limits are eligible for connection to the Northwest Airport Area Trunk Sanitary Sewers. Owners of such residences on parcels of less than one acre in size located within the city and within the benefited district may connect such residences to the Northwest Airport Area Trunk Sanitary Sewers upon approval of their application for connection, payment of the connection fee for the parcel, and construction of appropriate connection structures, as determined necessary by the city engineer. Owners of such residences on parcels in excess of one acre in size located within the city and within the benefited district may connect such residences to the Northwest Airport Area Trunk Sanitary Sewers upon approval of their application for connection, subdivision of the parcel into a residence parcel and an outlot, payment of the connection fee for the residence parcel, and construction of appropriate connection structures, as determined necessary by the city engineer. All other property located within the corporate limits and within the Northwest Airport Area Trunk Sanitary Sewer System Benefited District shall be eligible for connection to the Northwest Airport Area Trunk Sanitary Sewers upon approval of an application for connection by the owner thereof and payment of the connection fee for such property, provided such property has been appropriately subdivided for development, and provided that all sanitary sewer improvements necessary to serve the property have been constructed and approved by the city.

The boundaries of the Southwest Airport Trunk Sanitary Sewer System Benefited District [as provided in section 118-212 of the Code of Ordinances] shall be as follows:

Beginning at the Southwest corner of the East half of the Southeast quarter of Section 25, Township 78 North, Range 25 West of the Fifth Principal Meridian, said point being within the Right of Way of Army Post Road; thence northerly 1100 feet along the West line of the East half of said Southeast quarter; thence northwesterly to the Southeast corner of Lot 11 Ranch Estates, an Official Plat, said point being on the West Right of Way line of Southwest 56th Street; thence northerly along the West Right of Way line of Southwest 56th Street to the South Right of Way line of McKinley Avenue; thence westerly along the South Right of Way line of McKinley Avenue to the Northwest Corner of Lot 3 Green Hill Plat 1, an Official Plat; thence southerly along the West line of said Lot 3 to the Southwest corner of said Lot 3; thence westerly along the South line of Lots 4, 5 and 6 of said Green Hill Plat 1 to the Northeast corner of Lot 8 of said Green Hill Plat 1; thence southerly along the East line of Lots 8, 9, and 10 of said Green Hill Plat 1 to the Southeast corner of said Lot 10; thence westerly along the South line of said Lot 10 to the Southwest corner of said Lot 10, said point being on the East Right of Way line of Southwest 63rd Street; thence southerly along the East Right of Way line of Southwest 63rd Street to North Right of Way line of Army Post Road; thence easterly along the North Right of Way line of Army Post Road to the northerly extension of the East Right of Way line of Southwest 60th Street; thence southerly along the East Right of Way line of Southwest 60th Street to a point 750 feet South of the North line of the Southeast quarter of Section 35, Township 78 North, Range 25 West of the Fifth Principal Meridian; thence easterly 650 feet along a straight line parallel with and 750 feet South of the North line of the Southeast quarter of said Section 35; thence northeasterly along a straight line to the point of beginning;

and

beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 31, Township 78 North, Range 24 West of the Fifth Principal Meridian, thence southerly along the East line of the Northwest quarter and the Southwest quarter of said section 31 to the North Right of Way line of County Line Road, thence along the North Right of Way line of County Line Road to the East Right of Way line of Southwest 42nd Street, thence northerly along the East Right of Way line of Southwest 42nd Street to the North line of the Southwest quarter of the Northwest quarter of said Section 31, thence easterly along the North line of the Southwest quarter of the Northwest quarter of said Section 31 to the point of beginning;

and

Commencing as a point of reference at the East 1/4 corner of Section 36, Township 78 North, Range 25 West of the Fifth Principal Meridian; thence North 89º (Degrees) 55' (Minutes) 33" (Seconds) West along the North line of the Southeast 1/4 of said Section 36, a distance of 115.00 feet; thence South 0º 03' 55" West, 33.00 feet to the Point of Beginning; thence South 0º 03' 55" West, 1342.60 feet; thence South 3º 24' 14" West, 254.91 feet; thence South 90º 00' 00" West, 511.54 feet; thence North 56º 30' 00" West, 805.35 feet; thence North 0º 17' 57" West, 1040.50 feet; thence Northeast along a 3926.81 foot radius curve concave Southeast with a central angle of 8º 16' 05", a chord distance of 566.16 feet, a chord bearing of North 78º 29' 45" East, for an arc distance of 566.65 feet; thence South 89º 55' 33" East, 650.42 feet; to the point of beginning.

The boundaries of the Northwest Airport Trunk Sanitary Sewer System Benefited District [as provided in section 118-213 of the Code of Ordinances] shall be as follows:

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

Preston Daniels, Mayor

Attest:

I, Donna Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 01-2120 ), passed by the City Council of said City at a meeting held July 9, 2001, signed by the Mayor on July 9, 2001, and published as provided by law in the Business Record on July 23, 2001. Authorized by Publication Order No. 1820.

Donna Boetel-Baker, MMC City Clerk