URBANDALE SANITARY SEWER DISTRICT

URBANDALE SANITARY SEWER DISTRICT ORDINANCE NO. 35-C AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A SANITARY SEWER CONNECTION FEE IN A DISTRICT TO BE KNOWN AS THE WALNUT CREEK EXPANSION NORTH AND WEST TRUNK SEWER EXTENSION DISTRICT BE IT ENACTED by the Board of Trustees of the Urbandale Sanitary Sewer District: Section 1. Purpose. The Board has determined that it is in the best of the District to provide sanitary sewer service to the area described below in order to promote the orderly development of this area for the benefit of current and future customers of the District's sewer system. This area will comprise future users of the District Sewer Service. Special Sewer District with Access Fee Established. There is hereby established a special sanitary sewer service district within that property in Dallas County, Iowa and Polk County, Iowa described on Exhibit "A" attached hereto and by this reference made a part hereof, and as graphically depicted on Exhibit "B" attached to the original copy of this Ordinance and on file in the Office of the District Clerk. Connection fees are hereby established and shall be imposed upon owners of properties within the Walnut Creek Expansion North and West Trunk Sewer Extension Connection Fee District (the "Connection Fee District"), pursuant to Ordinance No. 35, as amended, and this Ordinance, at the time of application to connect their properties to said sewer facilities, as follows: Fee schedule: From the effective date hereof through June 30, 2026 a connection fee of Four Thousand and 00/100 Dollars ($4,000.00) per acre of property served by the sewer facilities shall be imposed. Thereafter, the per acre connection fee shall be annually adjusted as of July 1 of each year according to Section 7 of Ordinance 35 as amended by Ordinance 38. Fee Outside District: The above established connection fee schedule shall also apply to any properties outside the Connection Fee District which use or derive benefit from any of the sewer facilities constructed for the Connection Fee District. The appropriate fee shall be impacted at the time of determination that a benefit is derived from the property. Exception: The above established connection fee schedule shall not apply to any properties within the Connection Fee District which do not use any sewer facilities construction for the Connection Fee District. Payment: The determination that a property is to be connection 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 issuance of a building or plumbing permit, whichever occurs first. Single-Family Residence: Any single-family residence existing or under construction upon the effective date hereof located upon a parcel in excess of one acre may apply for connection upon subdivision of said parcel into a single residence parcel and an outlot, and payment of a single acre connection fee. Any future development of said parcel shall necessitate a revised application for connection and payment of the appropriate connection fee. Park Facility: Any parcel to be used as a public recreational or park facility upon the effective date hereof may apply for connection upon payment of a single are connection fee. Any future development of said parcel shall necessitate a revised application for connection and payment of appropriate connection fee. Effect of Schedule: The above established connection fee schedule shall remain in force and effect until such time that the Board of Trustees adopts an ordinance to adjust the connection fees to be imposed within subsequent years for the Connection Fee District. Nothing herein is intended to restrict the Board of Trustees from appropriate adjustment of the connection fee schedule to reflect future construction costs. Section 2. Filing with County Recorder. The District Clerk is directed to file a certified copy of this ordinance and the accompanying map with the Polk County and Dallas County Recorder. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 in part thereof not adjudged invalid or unconstitutional. Section 5. When Effective. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed and approved by the Trustees of the Urbandale Sanitary Sewer District this 26th day of February, 2026. D.J. Nawrocki, President ATTEST: William Henry, District Clerk EXHIBIT A - LEGAL DESCRIPTION Walnut Creek Expansion North and West Trunk Sewer Extension District 35-C Area 3 – Legal Description: Beginning at the west quarter corner of Section 18, Township 79 North, Range 25 West of the Fifth Principal Meridian, in and forming a part of the City of Urbandale, Polk County, Iowa, thence east along the south line of the fractional northwest quarter of said Section 18 to the southeast corner of the south 30.2 acres of the west 118.5 acres of the fractional northwest quarter of said Section 18, thence north along the east line of the south 30.2 acres of the west 118.5 acres of the fractional northwest quarter of said Section 18 to the northeast corner of the south 30.2 acres of the west 118.5 acres of the fractional northwest quarter of said Section 18, thence west along the north line of the south 30.2 acres of the west 118.5 acres of the fractional northwest quarter of said Section 18 to the west line of said Section 18, thence south along the west line of the northwest fractional quarter of said Section 18 to the Point of Beginning. EXHIBIT B - MAP - On file with the District Clerk of the USSD, c/o Paul A. Drey, 6701 Westown Pkwy, Ste 100, West Des Moines, IA 50266 March 6 2026 LIOW0471125