ORDINANCE No.1144 AN ORDINANCE ESTABLISHING THE HIGHWAY 141 / NW SAYLORVILLE DRIVE AREA SANITARY SEWER CONNECTION FEE DISTRICT

ORDINANCE No.1144 AN ORDINANCE ESTABLISHING THE HIGHWAY 141 / NW SAYLORVILLE DRIVE AREA SANITARY SEWER CONNECTION FEE DISTRICT WHEREAS, the City of Johnston has extended, and will be extending, sanitary sewer mains for the purpose of serving new sanitary sewer customers in the northwest area of the City, as well as areas to be annexed into the City in the future; and WHEREAS, the cost of this infrastructure is estimated at $19,115,000; and WHEREAS, the new sewer infrastructure includes some improvements that primarily benefit customers in the northwest area of the City; and WHEREAS, the extension of these sanitary sewer mains will give the City the ability to serve new sanitary sewer customers, and by increasing the number of users of the system, will provide a larger and more stable revenue base for the utility overall, which will allow future sewer costs to be recovered from more customers; and WHEREAS, the City Council of the City of Johnston therefore finds that it is fair, reasonable, just, uniform and nondiscriminatory to recover the cost of these improvements, including debt service thereon, with a combination of connection fees, payable by the properties that directly connect to the infrastructure, general user charges, payable by all customers of the sanitary sewer system, and user charges to be paid by the benefitted district served by the infrastructure; and WHEREAS, the City Council of the City of Johnston, Iowa, after public notice and hearing as prescribed by law, has determined the necessity of establishing the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District (the "Benefited District") and the imposition of a fee for connecting to the City sanitary sewer upon each person who owns property in said areas and who will be served by connecting to the City sanitary sewer; and WHEREAS, the City Council of the City of Johnston, Iowa has declared its intent to utilize connection fees to recover a portion of the costs for design and construction of such major sanitary sewer facilities from property owners who connect to such facilities subsequent to their construction; and WHEREAS, the City Council of the City of Johnston, Iowa has set forth the method of recovery of proportional cost shares from those property owners who connect their properties to major sanitary sewer facilities subsequent to their construction, so that in the event that all property, other than street and road right-of-way, which lies within the Benefited District is connected to the major sanitary sewer facilities during their expected useful life, then those properties shall bear, in the aggregate, up to 70 percent of the cost for design and construction of such facilities, including legal, administrative, and interest expenses associated therewith; and WHEREAS, the sanitary sewer facilities in the Benefitted District are being constructed in phases over several years, with full completion of all phases anticipated by the end of 2026. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSTON, POLK COUNTY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to establish a separate sanitary sewer connection fee district located in the area known as the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District. SECTION 2. AMENDMENT. The Code of Ordinances of the City of Johnston, Iowa, 2007, is hereby amended by adding the following new Section 101.10, as follows: "Chapter 101.10 Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District 1. DEFINITIONS. A. "Benefitted 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. B. "Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District" means an area described as follows: A TRACT OF LAND LOCATED IN SECTIONS 8, 9, 16, 17, 20, 21 AND 28 OF TOWNSHIP 80 NORTH, RANGE 25 WEST OF THE 5TH PRINCIPAL MERIDIAN, POLK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 20; THENCE WEST ALONG THE SOUTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 20 TO THE WEST RIGHT-OF-WAY LINE OF NW 121ST STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF NW 121ST STREET TO THE NORTH LINE OF THE SOUTH 30 ACRES OF THE NORTHWEST ¼ OF SAID SECTION 20; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 30 ACRES OF THE NORTHWEST ¼ OF SAID SECTION 20 TO THE WEST LINE OF THE NORTHWEST ¼ OF SECTION 20; THENCE NORTH ALONG THE SAID WEST LINE OF THE NORTHWEST ¼ OF SAID SECTION 20 TO THE NORTHWEST CORNER OF SAID SECTION 20; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 17 TO THE SOUTH RIGHT-OF-WAY LINE OF IA 141 (NW GRANGER DRIVE); THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF IA 141 (NW GRANGER DRIVE) TO THE WEST RIGHT-OF-WAY LINE OF 121ST STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF 121ST STREET TO THE SOUTH LINE OF THE NORTH ½ OF THE NORTHWEST ¼ OF SAID SECTION 17; THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH ½ OF THE NORTHWEST ¼ OF SAID SECTION 17 TO THE WEST LINE OF THE NORTHEAST ¼ OF SAID SECTION 17; THENCE NORTH ALONG THE SAID WEST LINE OF THE NORTHEAST ¼ OF SECTION 17 TO THE NORTH ¼ CORNER OF SAID SECTION 17; THENCE NORTH ALONG THE WEST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 8 TO THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 8; THENCE EAST ALONG THE SAID NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 8 TO THE EAST ¼ CORNER OF SAID SECTION 8; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 9 TO THE CENTER OF SAID SECTION 9; THENCE EAST ALONG THE NORTH LINE OF SOUTHEAST ¼ OF SAID SECTION 9 TO THE CENTERLINE ON NW 106TH AVENUE; THENCE EAST ALONG SAID CENTERLINE OF NW 106TH AVENUE TO THE EXTENSION OF THE WEST LINE OF WINDMILL ESTATES PLAT NO 1, RECORDED IN BOOK R, PAGE 837; THENCE SOUTH ALONG SAID EXTENSION OF THE WEST LINE OF WINDMILL ESTATES PLAT NO 1 TO THE SOUTH RIGHT-OF-WAY LINE OF 106TH AVENUE; THENCE EAST AND SOUTHEAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 106TH AVENUE TO THE NORTHWEST RIGHT-OF-WAY LINE OF IA 415 (NW SAYLORVILLE DRIVE); THENCE SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT-OF-WAY LINE OF IA 415 (NW SAYLORVILLE DRIVE) TO THE NORTH LINE OF THE NORTHEAST ¼ OF SECTION 16; THENCE EAST ALONG THE SAID NORTH LINE OF THE NORTHEAST ¼ OF SECTION 16 TO THE SOUTHEAST RIGHT-OF-WAY LINE OF IA 415 (NW SAYLORVILLE DRIVE); THENCE SOUTHWESTERLY ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE OF IA 415 (NW SAYLORVILLE DRIVE) TO THE WEST LINE OF THE NORTHEAST ¼ OF SAID SECTION 16; THENCE SOUTH ALONG THE SAID WEST LINE OF THE NORTHEAST ¼ OF SECTION 16 TO THE CENTER OF SAID SECTION 16; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE EAST RIGHT-OF-WAY LINE OF NW 110TH COURT; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF 110TH COURT TO THE NORTH LINE OF VACATED RIGHT-OF-WAY OF NW ROWE DRIVE; THENCE EAST ALONG SAID NORTH LINE OF VACATED RIGHT-OF-WAY OF NW ROWE DRIVE TO THE EAST LINE OF THE WEST ½ OF THE SOUTHEAST ¼ OF SAID SECTION 16; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 16 TO THE SOUTH LINE OF SAID SECTION 16; THENCE SOUTH ALONG THE EAST LINE OF OUTLOT "B" OF JOHNSTON WILDLIFE ESTATES, RECORDED IN BOOK 18940, PAGES 408-417 TO THE SOUTH LINE OF SAID OUTLOT "B"; THENCE WEST ALONG THE SAID SOUTH LINE OF OUTLOT "B" TO THE EAST LINE OF OUTLOT "A" OF SAID JOHNSTON WILDLIFE ESTATES; THENCE SOUTH ALONG SAID EAST LINE OF OUTLOT "A" TO THE SOUTHEAST CORNER OF SAID OUTLOT "A"; THENCE SOUTH ALONG EAST LINE OF WOODED ACRES PLAT 2, RECORDED IN BOOK 20084, PAGES 257-272 TO THE NORTH RIGHT-OF-WAY LINE OF NW TOWER DRIVE; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF NW TOWER DRIVE TO THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 21; THENCE SOUTH ALONG SAID EAST LINE OF THE NORTHWEST ¼ OF SECTION 21 TO THE CENTER OF SAID SECTION 21; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF SECTION 21 TO THE SOUTH ¼ CORNER OF SAID SECTION 21; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 28 TO THE NORTH LINE OF THE TRACT OF LAND DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 10334, PAGE 77; THENCE EAST AND SOUTHEAST ALONG THE SAID NORTH LINE OF THE TRACT OF LAND DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 10334, PAGE 77 TO THE EAST LINE OF THE WEST ½ OF THE NORTHEAST ¼ OF SAID SECTION 28; THENCE SOUTH ALONG SAID EAST LINE OF THE NORTHEAST ¼ OF SECTION 28 TO THE NORTH RIGHT-OF-WAY LINE OF NW 82ND AVENUE; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF NW 82ND AVENUE TO THE WEST RIGHT-OF-WAY LINE OF NW 100TH STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF NW 100TH STREET TO THE SOUTH LINE OF PARCEL 2017-126 DESCRIBED IN PLAT OF SURVEY RECORDED IN BOOK 16564, PAGE 875-876; THENCE WEST ALONG SAID SOUTH LINE OF PARCEL 2017-126 TO THE COMMON LINE THAT SEPARATES PARCELS 2017-125 & 2017-126 DESCRIBED IN PLAT OF SURVEY RECORDED IN BOOK 16564, PAGES 875-876; THENCE NORTHWEST ALONG SAID COMMON LINE THAT SEPARATES PARCELS 2017-125 & 2017-126 TO THE WEST LINE OF SAID PARCEL 2017-126; THENCE NORTH ALONG SAID WEST LINE OF SAID PARCEL 2017-126 TO THE NORTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 28; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTHEAST ¼ OF SECTION 28 TO THE WEST LINE OF HIDDEN VALLEY ESTATES PLAT 2 RECORDED IN BOOK 16931, PAGES 149-162; THENCE SOUTH ALONG SAID WEST LINE OF HIDDEN VALLEY ESTATES PLAT 2 TO THE NORTH LINE OF CHESTERFIELD ESTATES PLAT 2, RECORDED IN BOOK 18750, PAGES 295-308; THENCE WEST ALONG SAID NORTH LINE OF CHESTERFIELD ESTATES PLAT 2 TO THE EAST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 28; THENCE SOUTH ALONG THE SAID EAST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 28 TO THE SOUTH LINE OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 28; THENCE WEST ALONG THE SAID SOUTH LINE OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SECTION 28 TO THE EAST RIGHT-OF-WAY LINE OF IA 141 (NW 114TH STREET); THENCE NORTH ALONG THE SAID EAST RIGHT-OF-WAY LINE OF IA 141 (NW 114TH STREET) TO THE SOUTH LINE OF THE SOUTHWEST ¼ OF SAID SECTION 21; THENCE WEST ALONG SAID SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 21 TO WEST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 21; THENCE NORTH ALONG THE SAID WEST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 21 TO THE EXTENSION OF THE NORTH LINE OF BROOKE FIELD ESTATES NORTHWEST PLAT 2, RECORDED IN BOOK 20049, PAGES 736-752; THENCE WEST ALONG SAID EXTENSION OF THE NORTH LINE OF BROOKE FIELD ESTATES NORTHWEST PLAT 2 TO THE NORTHEAST CORNER OF BROOKE FIELD ESTATES, RECORDED IN BOOK 20049, PAGES 736-752; THENCE WEST ALONG THE NORTH LINE OF SAID BROOKE FIELD ESTATES TO THE WEST LINE OF SAID BROOKE FIELD ESTATES; THENCE SOUTH ALONG SAID WEST LINE OF BROOKE FIELD ESTATES TO THE SOUTH LINE OF THE SOUTHEAST ¼ OF SAID SECTION 20; THENCE WEST ALONG THE SAID SOUTH LINE OF THE SOUTHEAST ¼ OF SECTION 20 TO THE WEST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 20; THENCE NORTH ALONG THE SAID WEST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 20 TO THE SOUTH LINE OF PARCEL "D" DESCRIBED IN PLAT OF SURVEY RECORDED IN BOOK 8469, PAGE 741; THENCE EAST ALONG SAID SOUTH LINE OF PARCEL "D" DESCRIBED IN PLAT OF SURVEY RECORDED IN BOOK 8469, PAGE 741 TO THE EAST LINE OF SAID PARCEL "D"; THENCE NORTH ALONG SAID EAST LINE OF SAID PARCEL "D" RECORDED IN BOOK 8469, PAGE 741 TO THE NORTH LINE OF SAID PARCEL "D"; THENCE WEST ALONG SAID NORTH LINE OF PARCEL "D" RECORDED IN BOOK 8469, PAGE 741 TO THE CENTER OF SAID SECTION 20, ALSO BEING THE POINT OF BEGINNING. ALL STREET AND HIGHWAY REFERENCES ARE TO THEIR PRESENTLY ESTABLISHED LOCATIONS. ALL REFERENCED RECORDED DOCUMENTS ARE ON FILE IN THE POLK COUNTY, IOWA RECORDER'S OFFICE. Connection fees are hereby established and shall be imposed upon owners of properties within the Benefitted District at the time of application to connect their property to said sewer facilities. C. "Sanitary Sewer Utility" means and includes sanitary sewer trunk lines and sanitary sewer interceptors, sanitary sewer force mains, pumping stations and detention basins. D. "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. E. "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 Ordinance 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. F. "Original Cost" means all costs incurred in the design, construction and financing of City sewer utilities necessary to provide sanitary sewer service to the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District, including but not limited to, the cost of labor, materials, engineering, fees, legal fees, closing costs, and interest from the date of construction to payment at the rate of 2.7%. 2. FEE SCHEDULE. Connection fees shall be imposed as follows: A. Connection Fee. A connection fee is established for all existing and future connections for property directly adjoining and abutting the sanitary sewer facilities constructed in the Benefitted District according to the following schedule adjusted annually beginning on July 1, 2027, which includes increases into which a reasonable amount of interest has been calculated from the date of construction of sanitary sewer facilities to the date of payment: Effective Date Connection Fee ($/connection)** July 1, 2025… …...............................$ 5,500 July 1, 2027........................................$ 5,649 July 1, 2028........................................$ 5,801 July 1, 2029........................................$ 5,958 July 1, 2030........................................$ 6,118 July 1, 2031........................................$ 6,284 July 1, 2032........................................$ 6,453 July 1, 2033........................................$ 6,628 July 1, 2034........................................$ 6,807 July 1, 2035........................................$ 6,990 July 1, 2036........................................$ 7,179 July 1, 2037........................................$ 7,373 July 1, 2038........................................$ 7,572 July 1, 2039........................................$ 7,776 July 1, 2040........................................$ 7,986 July 1, 2041........................................$ 8,202 July 1, 2042........................................$ 8,423 July 1, 2043........................................$ 8,651 July 1, 2044........................................$ 8,884 July 1, 2045........................................$ 9,124 ** The schedule above, is based upon an interest rate of 2.70% applied annually to the connection fee beginning on July 1, 2027. B. Property Outside City limits. Pursuant to Iowa Code section 364.4, properties outside the corporate limits of Johnston shall be eligible to connect to the Highway 141 / NW Saylorville Drive Area Sanitary Sewer upon payment of the connection fee and compliance with all other requirements of this code. 3. FEE OUTSIDE DISTRICT. The established connection fee shall apply to any property outside of the Benefitted District that uses or derives benefit from any of the sewer facilities constructed for the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District. The appropriate fee shall be imposed at the time of determination that a benefit is derived from the property. 4. EXCEPTION WITHIN DISTRICT. The established connection fee shall not apply to any properties within the Benefitted District that do not use any sanitary sewer facilities constructed for the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District. 5. PAYMENT. The determination that a property is to be connected to the sewer facilities shall occur and the appropriate connection fee shall be paid prior to the time of release of a final plat for recordation or the issuance of a building or plumbing permit, whichever occurs first. 6. EXISTING SINGLE FAMILY RESIDENCE. Any single family residence existing or under construction upon the effective date of the ordinance codified in this section located upon a parcel in excess of one acre may apply for connection upon division of said parcel into a single family residence parcel and an outlot in the payment of a single acre connection fee. Any development of said parcel shall necessitate a revised application for connection and payment of the appropriate connection. For purposes of this section, subdivision of the property into a single family residence parcel and an out lot shall only require a reasonably accurate graphical division of the property and shall not be construed to require a legal division of the property. 7. OTHER PROPERTY. All other property located within the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District shall be eligible for connection to the Sanitary Sewer Utility upon approval of an application for connection by the owner thereof, as hereafter provided, and payment of the connection fee for such property, provided such property has been appropriately subdivided for development, and, where applicable, all sanitary sewer improvements necessary to serve said property have been constructed, at the owner's expense, and accepted by the City. 8. PROCEDURE. After adoption, publication and recording by the Clerk of a connection fee ordinance for the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District, all owners of those properties within the Benefited District whose properties are eligible for connection, and who propose to connect such properties directly or indirectly to the Sanitary Sewer Utility, shall make application to the City for such connection. The submittal of construction plans to the City for sanitary sewer improvements on property being subdivided for development shall constitute an application to the City. The sewer connection fee shall be due and payable at the time application is made to the City for connection to the Sanitary Sewer Utility. No connection shall be made to a Sanitary Sewer Utility until such application has been approved and until the required connection fee has been paid. The sewer connection fee shall be paid before the City will approve the final plat of property subject to the connection fee. 9. UNAUTHORIZED CONNECTIONS CONSTITUTE MUNICIPAL INFRACTION. Any unauthorized connection(s) to the Sanitary Sewer Utility in the Benefitted District will constitute a municipal infraction pursuant to Chapter 3 of the City Code. 10. DISCONNECTION OF UNAUTHORIZED CONNECTIONS. In the event any property owner connects his or her property within the Benefitted District to a Sanitary Sewer Utility without having made application therefor or without having received approval thereof or without having paid the required connection fee established by a connection fee ordinance, the City shall be entitled to disconnect such private sewer connection until such time as the property owner has made and received approval of his or her application, and/or has paid the required connection fee." SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this ordinance are intended and shall be construed so as to fully implement the provisions of Section 384.38(3) of the Code of Iowa, 2025, as amended. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 384.38(3) of the Code of Iowa with reference to the assessment and collection of fees for connection to a sewer utility. SECTION 4. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in full force and effect from and after its passage, adoption, and publications as required by law. SECTION 6. RECORDATION. The Clerk shall certify a copy of the ordinance codified in this section and any amendments to the County Recorder for recording. Passed and approved by the City Council this 17th day of November, 2025. ___________________________ PAULA S. DIERENFELD, MAYOR ATTEST: ________________________________ CYNDEE RHAMES, CITY CLERK December 5 2025 LIOW0410647