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HomeMy WebLinkAbout~Master - Prairie View Industrial Center Connection Districts ORDINANCE NO. 4489 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW CHAPTER 28, SECTION 28.908 THEREOF, FOR THE PURPOSE OF CREATING A WATER AND SANITARY SEWER CONNECTION FEE DISTRICT IN THE PRAIRIE VIEW INDUSTRIAL CENTER CONNECTION DISTRICT; AND BY ENACTING APPENDIX X SETTING FORTH THE FEES AND MAP FOR SAID DISTRICT, AND REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Aires, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Chapter 28, Section 28.908 as follows: "See. 28.908 PRAIRIE VIEW INDUSTRIAL CENTER WATER AND SANITARY SEWER CONNECTION FEE DISTRICT (1) There is hereby established pursuant to Sec. 384.38(3) Code of Iowa, 2021, a water and sanitary sewer connection fee district shown on the map in Appendix "X" the legal descriptions for which are as follows: Parcels 1, 3, 4, 6 and 10: The Southwest Quarter lying South of the Chicago and Northwestern Railroad Right-of-way, and the West Quarter of the Southeast Quarter lying South of said railroad right-of-way,all in Section 4,Township 83 North,Range 23 West of the 5th P.M. in Story County, Iowa,EXCEPT highways, and EXCEPT the following: Beginning at a point on the South line of said Section 4 which is 861. feet West of the South Quarter corner thereof. and run thence West along said South line 179 feet, thence North 197 feet, thence East 179 feet, and thence South 197 feet to the point of beginning; and ALSO, EXCEPT: Beginning at a point on the South line of the Southwest Quarter of said Section 4, 609.9 feet East of the Southwest corner of said Section, thence North 0 ° 57' East 269 feet, thence South 88°37' East 264.3 feet to the South Iine of said Southwest Quarter, thence West 200.4 feet to the point of beginning; and commencing at the Southwest confer of said Section 4, thence East 609.9 feet, thence North 0°57' East 269 feet to the point of beginning,thence continuing North 0° 57'East 84.3 feet,thence South 88°26' East 193.2 feet,thence South 0°57'West 83,68 feet,thence North 88°37'West 193.2 feet to the point of beginning; i and ALSO, EXCEPT: Parcel A of the North Half of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter, in Section 4, Township 83 North,Range 23 West of the 5th P.M. in Story County,Iowa. (Parcel A is about 24.86 acres, including 0.34 acres of highway right-of-way). Parcels 2 and 8: Parcel "A" located in the North Half of the Southwest Quarter and in the i Northwest Quarter of the Southeast Quarter, all in Section 4, Township 83 ' North, Range 23 West of the 5`1 P.M., Story County, Iowa. More particularly described as follows: Commencing at the West '/a Corner of said Section 4-83-23, Story County, Iowa; Thence S 0°31'37"E 270.81' along the west line of the Southwest j Quarter of said Section 4 to the Point of Beginning; Thence, S85153'23"E 3319.23' along the south right of way line of the Union Pacific Railroad as presently established,to a point located on.the east line of the West Half of the Northwest Quarter of the Southeast Quarter of said Section 4; Thence S0046'55"E 327.33' along said east line; Thence N85°53'23"W 3320.69' to the west line of the Southwest Quarter of said Section 4;Thence,NO°31'37"W 327.21' along said West line to the Point of Beginning, as shown on Plat of Survey recorded in Book 344 at Page 2. Parcel "A" contains 24.86 acres including 0.34 acres of presently established road right of way. Parcel 5: Beginning at a point on the South Line of the Southwest Quarter of Section 4, Township 83 North,:Range 23 West of the 5...P.M.,Story County,Iowa.609.9 feet east of the Southwest Corner of said Section 4, thence North 0 ° 57' east 353.3 feet, thence South 88 ° 37 east 193.2 feet, thence South 0 ° 57' West 83.68 feet,thence South 0° 37'East 264.3 feet,thence West 200.4 feet to the point of beginning. .Parcel 7: Beginning at a point on the South line of Section 4,Township 83 North,Range 23 West of the 5th PM,Story County,Iowa,a distance of 861 feet West of the South Quarter Corner of said Section 4, thence continuing West along said South line 1.79 feet, thence North 197 feet,thence East 179 feet,thence South 197 feet to the point of beginning. Parcels 9, 11, 12, and 13: All that part of the.East three-fourths (E3/4) of the Southeast Quarter(SE '/) of Section Four (4), Township Eighty-three (83)North, Range Twenty-three (23)West of the 5th P.M.,Iowa.,lying South of the right-of--way of tile Chicago and Northwestern Railway, except the following: beginning on the East line of said Southeast Quarter SETA) of Section Four (4) at a point in the South right-of-way line of the Chicago and Northwestern Railway, thence South 100.37 feet, thence North 85°03' West, 100 feet distant from and parallel to the said right-of-way line 1977 .68 feet,thence North 100.3 7 feet to said right- of-way line, thence South 85103' East along said South right-of-way line, 1977.68 feet to the point of beginning. Parcel 14: Parcel "Jr"a part ofthe Southwest Quarter(SW 14)and of the South Half(S1/2) of the Northwest Quarter(N W 1/4)of Section Five(5),Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Ames, Story i i i County, Iowa, as shown on the Plat of Survey recorded on Mav 15. 2018. as Inst No. l 8-04082. Slide 604. Page 6. Parcel 15: Parcel "K" a part of the Southwest Quarter (SW 1/4) and of the South Half (S 1/2) of the Northwest Quarter (NWI/4) of Section Five (5), Township Eighty-three(83)North,Range Twenty-three(23)West of the 5th P.M.,Ames, Story County,Iowa,as shown on the Plat of Survey recorded on May 15,2018, as Inst.No. 18-04082, Slide 604, Page 6. Parcels 16 and 17: The South Half(Sl/2) of the Southwest Quarter (SWI/4) of Section Five(5), Township Eighty-three (83)North, Range Twenty-three (23) West of the 51t' P.M., Ames, Story County,Iowa. Parcels 18, 19,20, and 22: The Southeast Quarter(SE!/4)of Section Five(S),Township Eighty-three(83) North, Range Twenty-three (23) West of the 5th P.M., Iowa, lying South of the Chicago and Northwestern Railroad Company's right-of-way, subject to public highways, EXCEPT Commencing at a point on the South line of the Southeast Quarter of Section S,Township 83 North,Range 23 West of the 5th P.M., Story County, Iowa, 883 Feet East of the Southwest Corner of said Southeast Quarter, thence East along said Section line 270 Feet,thence North 484 feet,thence West 270.Feet,thence South 484 feet to the point of beginning, subject to roads and easements of record AND the Southwest Quarter(SW'/4) of the Northeast Quarter (NE'/4) of Section Five (5), Township Eighty-three (83)North,Range Twenty-three(23)West of the 5th P.M., lying South of the Chicago and Northwestern Railroad Company's Right-of-Way. Parcel 21.: Commencing at a point on the South line of the Southeast Quarter(SE 1./4)of Section Five(5),Township Eighty-three(83)North, Range Twenty-three(23) West of the 5th P.M, Ames, Story County. Iowa, 883 feet East of the SW Cotner of said SE 1/4; thence East along said Section line 270 Meet; thence North 484 feet; thence West 270 feet; thence South 484 feet to the point of beginning. Parcels 23 and 24: The East Half(E1/2) of the Northeast Quarter(NE1/4) of Section Seven (7) Township Eighty-three (83)North, Range Twenty-three (23) West of the 5t" P.M.,Ames, Story County,Iowa. Parcels 25 and 27: The West One-half(W %)of the Northwest Quarter(NW '/4)of Section 8, Township 83 North, Range 23 West of the 5t" P.M., Story County, Iowa; subject to easements of record. Parcels 26 and 28: The East Half(El/2) of the Northwest Quarter(NW1/4) of Section Eight(8), Township Eighty-three (83)North, Range Twenty-three(23) West of the 5th P.M.,Ames, Story County,Iowa. Parcel 29: Beginning at the Northwest corner of the Northeast Quarter(NE'/a)of Section 8,Township 83 North,Range 23 West of the 5th P.M.,Iowa,thence East along the North line of said Section 8, 464 Feet; thence South 470.9 Feet, thence West 461 Feet to the West line of said Northeast Quarter(NE'/4);thence North along the West line of said Northeast Quarter(NE'/4) 470.9 Feet to the point of beginning. Parcels 30 and 33: The West Half of the Northeast Quarter of Section 8, Township 83 North, Range 23 West of the 5th P.M. in Story County, Iowa, EXCEPT beginning at the Northwest comer of said Northeast Quarter, run thence East along the North line thereof 464.0 feet,thence South 470.9 feet,thence West 461.0 feet to the West line of said Northeast Quarter,thence North along said West line 470.9 feet to the point of beginning. I Parcels 31 and 34: The East half(E%z)of the Northeast quarter(NE'/4)of Section Eight,Township 83N, Range 23 W of the Fifth (5th) P.M., Story County, Iowa, subject to any i easements of record. EXCEPT Parcel"G"and Parcel"H." Parcel 32: Parcels V and TP in the Northeast Quarter of the Northeast Quarter (NE'/4 NE 1/4)of Section 8,Township 83 North.Range 23 West,of the 5th F.M., Story County. Iowa., as shown on the "Plat of Survey" fled in the office of the Recorder of Story County, Iowa, on January 6, 2020, and recorded as Instrument No.2020-00146. i i Parcel 35: The West 25 rods of the North 16 rods of the Northwest Quarter of the . Northwest Quarter of Section 9, Township 83 North, Range 23, West of the 5°i A.M., except the road area on the North and West sides, containing ' approximately 2.5 Acres, more or less. This being Parcel No. 10-09-100-105 in the Story County Treasurer's Office as of February 28,2002. Parcel 36: The West 25 rods of the South 16 rods of the North 32 rods of the Northwest Quarter of the Northwest Quarter of Section 9,Township 83 North,Range 23 West of the 5th P.M. I' Parcels 37,38,39 and 40: The Northwest Quarter (NW'/4) of Section Nine (9), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Ames, Story County, Iowa, EXCEPT commencing at the NW Corner of Sec. 9-T83N- R23 W of the 5th P.M.,Ames,Story County,Iowa running thence East 25 rods, I thence South 32 rods, thence West 25 rods, thence North 32 rods to fihe point of beginning and also except legally established highways. i Parcel 41: Parcel "C" in the NW 1/4 of the NE 1/4 of Section 9, Township 83 North, Range 23 West of the 5th PM, Story County, Iowa, as shown in the Plat of Survey filed in the Office of the Story County Recorder on May 16, 1994, in Book 12,Page 65. i Parcel 42,43, and 44: E The West Half (W%2) of the Northeast Quarter (NE'/4) and the Northwest quarter (NW'/4) of the Southeast Quarter (SE'/4) of Section 9, Township 83 North,Range 23 West of the 5th P.M.,except Highway,and except PARCEL "C" in the Northwest Quarter (NW'/4) of the Northeast Quarter {NE%4)of Section 9,Township 83 North,Range 23 West of the 5th P.M.,Story County, Iowa, as shown in the Plat of Survey filed in the office of the Story County Recorder on the l6th day of May 1994 and recorded in Book 12 at I Page 65. Parcel 45: The East 119.1 Feet of the South 199 Feet of the recorded Warranty Deed in Book 279, Page 79, in the Story County .Recorder's Office, Story County, Iowa, Parcel 46: The East Twelve (.12) rods of the South Forty (40) rods of the Southeast Quarter(SE'/4) of the Southeast Quarter(SE'/4) of Section Six (6), Township 83 North,Range 23 West of the 5th P.M. ' Parcel 47: The West Two (2) acres of the :East Half (E1/2) of the Southeast Quarter (SE 1/4)of the Southeast Quarter(SE 1/4)of the Southeast Quarter(SE1/4)of Section Six (6), Township 83 North, Range 23 West of the 5" P.M., also ' described as the West Eight(8)rods of the East Twenty(20)rods of the South } Forty (40) Rods of the Southeast Quarter (SE1./4) of the Southeast Quarter (SE1/4)of Section Six(6),Township 83 North,Range 23 West of the 51 P.M. (2) The fee for connection of a property within the aforesaid district to the water or sanitary sewer utility shall be applied according to the acreage shown in Appendix X, as follows: (a) The connection fee for sanitary sewer service for all parcels is $3,438.87 per acre of property served by this connection including reasonable interest. (b) The connection fee for water service is $990,66 per acre of property served by this connection including reasonable interest. (3) Annual increase in connection fees are as follows: (a) For the purposes of accounting for the costs incurred by the City of Ames to finance improvements, the connection district fee shall increase on an aninial basis. (b) The fees shall increase annually at a rate of approximately six percent (6%) of the original connection fee for a period of at least ten(10) years. (c) The annual increase in the connection district fees shall be based on six percent (6%) of the original connection fee of$3,438.87 per acre for sanitary sewer connection and $990.66 for water connection and will be rounded to an even dollar amount per year. Thus,the connection district fee will increase at a rate of$203 per year for sanitary sewer connections and $60 per year for water connections. Appendix "X" shows the tabulations of the connection district fees for each of the ten years beginning on the date of adoption of this ordinance, and increasing on July 1" for each year following, and ending on July 1, 2033. Ik (d) After July 1, 2033, the connection district fees will continue to increase at a rate of$203 per year for sanitary sewer connections and $60 per year for water connections, unless the connection fee annual increases are modified by the City of Ames. (4) Exception for Parcel 32. The City-owned Parcel 32 (207 S Teller Avenue) is exempted from water and sewer connection fees because it provides the water and sewer infrastructure to serve the connection district area and no facilities will be constructed requiring water or sewer service. (5) Limited exception for residential properties. (a) Parcels 5, 25, 29, 35, 36, 41 and 42, upon which are or are deemed j single- and multi-family residential uses, shall have a limited exemption from the connection fees of paragraphs 2 and 3 of this section, and in lieu thereof, each of the said parcels shall be subject to the standard connection fee to the residence as described in Appendix F of the Ames Municipal Code and regardless of actual frontage shall make a one-time connection using an 80-foot lineal width for the connection fee calculation. (b) Unless for good cause shown and approved by the City Council waiving enforcement of the district connection fees, if a parcel described in subparagraph (a) is subdivided for other than existing residential uses, the owner shall be liable for and pay the connection fees of paragraphs 2 and 3 of this section. (6) Subject only to the limited exception set forth above, for purposes of determining the amount and timing of fees due under paragraphs 2,3,and 7 of this section, a"connection of a property" shall be deemed to include the individual parcel for which a service connection is requested and all other adjacent or contiguous parcels,or both,within the district that are under common ownership of one person or two or more related parties. As used herein, "related parties" has the same meaning as used in 26 U.S. Code section 267. (7) The fee required by this section shall be paid to the City as required by section 384.38 of the Code of Iowa, prior to final plat or site plan approval, including all future phases, whichever event occurs first, which shall be deemed by the City to be a j utility connection application as described in the Code of Iowa. Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 14 day of February, 2023. Renee H ll, City Clerk John A. Ilaila,Mayor Appendix X SANITARY SEWER CONNECTION DISTRICT MAPS AND SCHEDULE OF FEES AND WATER CONNECTION DISTRICT MAP AND SCHEDULE OF FEES SANITARY SEWER CONNECTION DISTRICT SCHEDULE OF FEES h Prairie View Sanitary Sewer Connection District(All parcels) Connection Fee ($/acre)Annual Effective Date Increase equal to 6%of original connection fee Adoption of Ordinance $3,438.87 July 1, 2023 $3,646.00 July 1, 2024 $3,853.00 July 1, 2025 $4,060.00 July 1, 2026 $4,267.00 July 1, 2027 $4,474,00 July 1, 2028 $4,681.00 July 1, 2029 $4,888.00 July 1, 2030 $5,095.00 July 1, 2031 $5,302.00 July 1, 2032 $5,509.00 July 1, 2033 1 $5,716.00 I WATER CONNECTION DISTRICT SCHEDULE OF FEES Prairie View Water Connection District fAll parcels) Connection Fee ($/acre)Annual Effective Date Increase equal to 6% of original connection fee Adoption of Ordinance $990.66 July 1, 2023 $1,051.00 July 1, 2024 $1,111.00 July 1, 2025 $1,171.00 July 1, 2026 $1,231.00 July 1, 2027 $1,291.00 July 1, 2028 $1,351.00 July 1, 2029 $1,411.00 July 1, 2030 $1,471.00 July 1, 2031 $1,531.00 July 1, 2032 $1,591.00 July 1, 2033 $1,651.00 i I CITY or Prairie View Industrial Utility Ames Connection District I L 5 36 19 9 Z F46 -20. IU 2', 16 7 45 2 7 E LINCOLN WAY I Cx E LINCOLN WAY LINC F LINCOLN WA .1 3 3 4-4 1-"'/ • HIGHWAY 30 HIGHWAY 30 I L-4 ACREAGE COMPUTATION BY PARCEL PARCEL ' 10 PARCEL Acres 1 1.00430013,0 19.59 2 100434)0225 19.62 3 1004,300230 16.57 4 1004300305 36.2.1 s 1004300375 1-34 6 1004300405 37.59 7 1004300450 0.6 8 1004400125 4.9 11004400:130! 11.76 10 1004400140 2935 11 1004400250 20.71 12 1004400325 191,25 13 1004,400405 3 7.42 14 4.3:1 1005300225 3:1.32 16 100530030.5 47.94 17 10053004D5 29.04 19 10054001105 39.72 19 1005400205 35A7 m 20 100540030.5 35.8 21 10OW03:75 2.69 22 10054004DO 37JS 23 10072002DD 37.39 24 10072004DD 40 25 009100100 3E..6 2ra 10D31002W 18-.49 27 1009100300 40 29 1009100400 40 29 1008,2001105 4.6S 30 100920011(1 34-.3S 31 W09200205 35.77 52 I0D82002.70 1.93* 33 1ODS200300 40 34 1008,2004W 18,64 35 1009-IOMS 2.04 IOD910011a 2.04 37 IOD9100120 31.15 .39 10091002.00 38..49 35 10091003-01I 38-64 40 L00,910D401D 40 41 IDD920DA0 2.44 42 1009200120 3:5-SG 43 1009200300 40 44 10094001.00 40 45 1006400285 0.54 46 10064002BO 2,23 47 110%400275 1.8s Not. included with connection fee calculations