Chapter 1 code of ordinances

CHAPTER 100

BENEFITED SANITARY SEWER SERVICE AREAS

100.01 Definitions	100.03 Benefited Service Area No. 2
100.02 Benefited Service Area No. 1	100.04 Benefited Service Area No. 3

100.01 DEFINITIONS. For use in this chapter the following terms are defined:

1. 
   “Benefited service area” means a designated area to which sanitary sewer service will be provided by a sanitary sewer utility of a given design and capacity.
   
2. 
   “Connection” means any act that results in a direct or indirect discharge into a City sewer utility, including but not limited to, the connection of a private sewer system to a lateral sewer or manhole or the connection of a lateral sewer serving a subdivision to a trunk sewer or manhole.
   
3. 
   “Lot” means a parcel of land under one ownership. Two or more contiguous parcels under common ownership may be treated as one lot for the purposes of this chapter if the parcels bear common improvements or if the Council finds that the parcels have been assembled into a single unit for the purpose of use or development.
   
4. 
   “Original cost” means all costs incurred in the design, construction and financing of City sewer utilities, including but not limited to, the cost of labor, materials, engineering fees, legal fees, closing costs, and the reasonable loss of return on City cash reserves used to finance construction or the interest on any indebtedness incurred to finance construction.
   
5. 
   “Sanitary sewer utility” means and includes sanitary sewer trunk lines and sanitary sewer interceptors, sanitary sewer force mains, pumping stations and detention basins.
   

100.02 BENEFITED SERVICE AREA NO. 1. The provisions of this section apply to Service Area No. 1, an area within the City limits of Cresco, Iowa, described as follows:

Block twenty-three (23) of the Original Plat of the City of Cresco, Howard County, Iowa.

The lots within Service Area No. 1 constitute a Benefited Service Area to be served by connecting to the City sewer utility. The original cost to the City of extending the City sewer utility to the properties in Service Area No. 1 is $25,271.04. The Benefited Service Area

No. 1 contains approximately 800 linear feet.

1. 
   Connection Fee. There is imposed on all lots within Service Area No. 1 for which a sewer connection fee has not previously been paid, a fee for connection to the City sewer utility. The connection fee shall be equal to that percentage of area that the connected lot constitutes in relation to the entire service area. In Service Area No. 1 the connection fee shall be $15.75 per linear foot. Connection fees collected by the City shall be used only for the purpose of operating or paying debt of the City sewer utility. The sewer connection fee established by this section is in addition to, and not in lieu of, any other fees for connection required under the plumbing chapters, other provisions of this Code of Ordinances, or City policy.
   
2. 
   Connection Permit. Before any connection is made to a City sewer utility to serve a lot in Service Area No. 1, the owner of the lot or lots to be served by the connection shall file an application with the Public Works Director, on a form provided by the City. Upon approval of the application, the Public Works Director shall advise the applicant of the connection fee to be paid. Upon payment of the connection fee to the City, or upon entry into an agreement to pay said fee in installments if so allowed under separate resolution of the City Council, the City shall issue a connection permit. Upon completion of the connection, the owner of the lot or lots being connected shall notify the Public Works Director and the Public Works Director shall inspect the connection.
   
3. 
   Separate Service. If the owner of two contiguous parcels affected by this section desires to make a connection to the City sewer utility which will serve only one such parcel, and the parcels do not bear common improvements and have not been assembled into a single unit for the purpose of use or development, the owner may make application to the City Council to connect each such parcel separately. If the Council finds that the parcels do not bear common improvements and have not been assembled into a single unit for the purpose of use or development, the original connection fee shall be calculated and paid only upon the parcel or parcels that will be served by the connection. A new application must be filed, and a connection fee paid, when the parcel or parcels not served by the original connection to the City sewer utility are connected.
   
4. 
   Violation. In the event a connection is made to a City sewer utility serving Service Area No. 1 without the permit required by this section, or without payment of the connection fee set forth in this section, or if any installment payment of such fee as provided by subsequent resolution of the Council is not made, the City shall disconnect such service from the City sewer utility until such time as the property owner has received a permit for the connection and paid the required connection fee.
   

100.03 BENEFITED SERVICE AREA NO. 2. The provisions of this section apply to Service Area No. 2, an area within the City limits of Cresco, Iowa, described as follows:

Lots 3, 4, 5, 6, 7 of the Sunrise Addition, 126.25 feet of the East Section of Lot 16 and all of Lot 17 of the irregular survey of the N½ SW¼ Section 26-99-11.

The lots within Service Area No. 2 constitute a Benefited Service Area to be served by connecting to the City sewer utility. The original cost to the City of extending the City sewer utility to the properties in Service Area No. 2 is $14,853.00. The Benefited Service Area No. 2 contains approximately 850 linear feet.

1. 
   Connection Fee. There is imposed on all lots within Service Area No. 2 for which a sewer connection fee has not previously been paid, a fee for connection to the City sewer utility. The connection fee shall be equal to that percentage of the original cost of bringing the City sewer utility to each respective service area that equals the percentage of area that the connected lot constitutes in relation to the entire service area. In Service Area No. 2 the connection fee shall be $8.74 per linear foot. Connection fees collected by the City shall be used only for the purpose of operating or paying debt of the City sewer utility. The sewer connection fee established by this section is in addition to, and not in lieu of, any other fees for connection required under the plumbing chapters, other provisions of this Code of Ordinances, or City policy.
   
2. 
   Connection Permit. Before any connection is made to a City sewer utility to serve a lot in Service Area No. 2, the owner of the lot or lots to be served by the connection shall file an application with the Public Works Director, on a form provided by the City. Upon approval of the application, the Public Works Director shall advise the applicant of the connection fee to be paid. Upon payment of the connection fee to the City, or upon entry into an agreement to pay said fee in installments if so allowed under separate resolution of the City Council, the City shall connect the service.
   
3. 
   Violation. In the event a connection is made to a City sewer utility serving Service Area No. 2 without the permit required by this section, or without payment of the connection fee set forth in this section, or if any installment payment of such fee as provided by subsequent resolution of the Council is not made, the City shall disconnect such service from the City sewer utility until such time as the property owner has received a permit for the connection and paid the required connection fee.
   

100.04 BENEFITED SERVICE AREA NO. 3. The provisions of this section apply to Service Area No. 3, an area within the City limits of Cresco, Iowa, described as follows:

Lots 2, 3 and 4, Cresco Business Park Addition to the City of Cresco, Howard County, Iowa, and Lot 2, Cresco Industrial Park Addition to the City of Cresco, Howard County, Iowa.

The lots within Service Area No. 3 constitute a Benefited Service Area to be served by connecting to the City sewer utility. The original cost to the City of extending the City sewer utility to the properties in Service Area No. 3 is $12,012.59. The Benefited Service Area No. 3 contains approximately 400 linear feet.

1. 
   Connection Fee. There is imposed on all lots within Service Area No. 3 for which a sewer connection fee has not previously been paid, a fee for connection to the City sewer utility. The connection fee shall be equal to that percentage of the original cost of bringing the City sewer utility to each respective service area that equals the percentage of area that the connected lot constitutes in relation to the entire service area. In Service Area No. 3 the connection fee shall be $15.01 per linear foot. Connection fees collected by the City shall be used only for the purpose of operating or paying debt of the City sewer utility. The sewer connection fee established by this section is in addition to, and not in lieu of, any other fees for connection required under the plumbing chapters, other provisions of this Code of Ordinances, or City policy.
   
2. 
   Connection Permit. Before any connection is made to a City sewer utility to serve a lot in Service Area No. 3, the owner of the lot or lots to be served by the connection shall file an application with the Public Works Director, on a form provided by the City. Upon approval of the application, the Public Works Director shall advise the applicant of the connection fee to be paid. Upon payment of the connection fee to the City, or upon entry into an agreement to pay said fee in installments if so allowed under separate resolution of the City Council, the City shall connect the service.
   

Violation. In the event a connection is made to a City sewer utility serving Service Area No. 3 without the permit required by this section, or without payment of the connection fee set forth in this section, or if any installment payment of such fee as provided by subsequent resolution of the Council is not made, the City shall disconnect such service from the City sewer utility until such time as the property owner has received a permit for the connection and paid the required connection fee.

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