HomeMy WebLinkAboutAn Ordinance Relating to Water Connection Charges in Lieu of Assessment 2-1-06
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AN ORDINANCE RELATING TO WATER CONNECTION CHARGES IN LIEU OF
ASSESSMENT
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Section 1: In-Lieu-of-Charge Established. The City of St. Joseph has initiated the
2006 Trunk Watermain Improvement Project (“Project”) which benefits certain properties
located outside the City of St. Joseph as described in the 2006 Trunk Water Main Improvements
Feasibility Report, December 1, 2006. In order to arrive at a reasonable, fair and equitable
distribution of the costs of the Project among the properties which the Project has improved, the
City hereby establishes a system of connection charges known as “In-lieu-of charges” (also
referred to as “Connection Charges”) to properties which have not been specially assessed for the
cost of the Project in proportion to the front footage of the Project which abuts such property.
Sanitary Sewer Connections Charges, not identified with this ordinance, may also be established
for such properties identified by this Ordinance, and may be established in the future through a
special assessment process or by an “In Lieu of Charge”. Said connection change does not
include water or sewer availability charges which will additionally be applied to the property
upon connection to the City sanitary sewer or municipal water system.
Section 2: In-Lieu-of-Charge for Properties Connecting to the Project. The following
properties below have not been specially assessed for the costs of the Project in proportion to the
front footage or area of the Project which abuts such property. Upon connection of said
properties described below to the Project, each such property shall pay a Connection Charge in
the amount specified below prior to connecting any portion of such property to the City’s
sanitary sewer or municipal water system (collectively, “City Utilities”), or, if such property has
been otherwise permitted to connect to City Utilities, said Connection Charges shall be paid prior
to the time any additional connections shall be made to the City Utilities. Such Connection
Charges when due and payable may, in the discretion of the City, be specially assessed against
the property to which said Connection Charge applies.
The following Connection Charges shall apply to the following properties listed below:
Description of Connection
Owner of Record PID No. Improvements Charges
One unit $4500.00
James W. & Joanne M. Leuthardt 31.20689.000 Water
One unit $4500.00
Firmin S. & Magdalen Krupa 31.20690.000 Water
Section 3: Connection Charge for Subdivision of Land: Connection charges shall
only arise when a tract of land is subsequently divided (i.e. administrative split) or subdivided by
plat, or otherwise has a change in use from its current use. Connection charges shall be due and
payable at the time of Final Plat of any subdivision; or at application for, and prior to issuance of,
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a building permit in any instance where the use of the land changes and the parcel is subdivided.
A Connection Charge in the amount of $4,500.00 shall become due prior to the connecting to the
Project. Such Connection Charges when due and payable may, in the discretion of the City, be
specially assessed against the property to which said Connection Charge applies. Connection
Charges shall apply only to lots that connect to the Project via service stub connection.
Properties connecting to the Project via a water main connection shall pay a Trunk Water Main
Charge as established in the 2006 Trunk Water Main Feasibility Report, December 1, 2005.
Trunk Water Main Charges shall be applied to all subdivided land benefiting from the trunk
water main according to the Feasibility Report. Trunk Water Main Charges shall be
incorporated into the Development Agreement at the time of Final Plat.
a.Subdivisions with Outlots. In the event any portion of any parcel affected by this
section is subdivided into one or more outlots that are capable of further
subdivision and are otherwise reasonably suitable for future residential
development, Connection Charges shall not be due on such portions of property
until such time as said portions are replatted as non-outlots. In such event, the
Connection Charges detailed in Section 2 of this ordinance shall be applied to the
non-outlot portion of the property on a proportionate basis at the same ratio of the
total square feet of non-outlot property being platted or subdivided to the total
square feet of all property on any such plat or involved in such subdivision.
Section 4: Annual Adjustment of Connection Charges. The Connection Charges
shall automatically increase by 3.5% per annum. The cumulative annual increase in the
Connection Charge shall not exceed the cumulative annual percentage change of the overall
assessed market value for all residential properties in St. Joseph as determined by the City’s
Assessor as measured from the date this ordinance becomes effective to the date payment of the
Connection Charges for such property comes due. The City Council may by resolution from
time to time increase or decrease said $4,500 Connection Charge consistent with the change in
any Consumer Price Index compiled by the US Government that the City deems appropriate.
Section 5: Properties which are further subdivided in the future. A Connection
Charge in the amount of $4,500.00 shall become due prior to the connection to the Project upon
the further subdivision of property that benefits from the Project. Said $4,500.00 Connection
Charge shall apply to each new lot created upon which a principal use is established and
connects to the Project.
Section 6: Severability. If the provisions of any section, paragraph, or sentence of
this Ordinance shall for any reason be held to be unconstitutional or invalid by an court of
competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall
nevertheless continue in full force and effect.
Section 7” Repealer. All ordinances, or portions of ordinances, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 8: Effective Date. This Ordinance shall be in full force and effect from after
its passage and publication.
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