HomeMy WebLinkAboutAn Ordinance Relating to Sewer and Water Connection Charges in Lieu of Assessment relating to 2006 8th Avenue Improvment Project 9-11-06
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AN ORDINANCE RELATING TO SEWER AND WATER CONNECTION CHARGES IN
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LIEU OF ASSESSMENT RELATING TO 2006 8 AVENUE IMPROVEMENT PROJECT
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Section 1: In-Lieu-of-Charge Established. The City of St. Joseph has initiated the
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2006 Sanitary Sewer, and Water Main extension for the 8 Avenue NE Improvement Project
(“Project”) which benefits certain properties located within the City of St. Joseph. 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 specifically assessed for the cost of the Project in proportion to the front
footage of the Project which abuts such property, as well as to properties which have been
specifically assessed on a unit basis but which use on said property may intensify in the future
such that a charge equivalent to one or more unit charges is equitable.
Section 2: In-Lieu-of-Charge for Underdeveloped and Undeveloped Properties. The
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following properties below have not been specially assessed for the costs of the 8 Avenue NE
Improvement in proportion to the front footage of the Project which abuts such property. Upon
development of said properties described below, 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.
The following Connection Charges shall apply to the following underdeveloped and
undeveloped properties listed below:
Description of Connection
Owner of Record PID No. Improvements Charges
Graeve, James & Mary Ann 8453430.050 Two Units $20,348.08
Water & Sewer
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Wahlstrom, Robert & Ellen 8453430.082 One Unit $5,596.16
Sewer
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Notch, Harvey & Nancy 8453530.000 One Unit $10,174.04
Water & Sewer
Section 3: Connection Charge for Subdivision of Land: Connection charges shall
only arise when a tract of land as identified in ---.02 is subsequently divided or subdivided by
plat. 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, a building permit in any instance where the use of the
land changes and the parcel is subdivided. Such Connection Charges when due and payable
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may, in the discretion of the City, be specially assessed against the property to which said
Connection Charge applies.
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 Charge shall
be adjusted each year by City Council resolution in an amount to be determined by the City
Council, but said annual adjustment shall not exceed an increase of 3.5% per annum, nor shall
the cumulative annual increase in the Connection Charge 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.
Section 5: Existing lots of record which are further subdivided in the future.
Connection Charges in the initial amount of $4,577.88 per unit (sewer) and $5,596.16 (water)
shall become due prior to the connection to City Utilities upon the further subdivision of any lot
of record as identified in Section 2. Said Connection Charges shall apply to each new lot created
upon which a principal use is established. The City Council may by resolution from time to time
increase or decrease said Connection Charges consistent with the change in any Consumer Price
Index compiled by the US Government that the City deems appropriate.
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 any 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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