HomeMy Public PortalAboutOrdinances-2006-278 TIFFIN ORDINANCE NO. 2006-278
AN ORDINANCE GOVERNING THE RECOUPMENT
OF FEES FOR USE OF CITY RESOURCES
BE IT ORDAINED, the City Council of the City of Tiffin, Iowa, that it does hereby
adopt the following ordinance for the purposed of recoupment of costs associated
with new developments within the City of Tiffin in a just and equitable manner:
Sec. 1. PURPOSE. The purpose of this chapter is to.regulate the use
.. • and development of land to assure that new development bears a
proportionate share of the cost of capital expenditures necessary to
provide public capital facilities in the City. This must be.done in order
to promote and protect the public health, safety, and welfare of the
citizens and to expand the City's capital facilities to maintain current
standards. This chapter also intends to assist in the implementation
of the land use plan and capital improvements plan.
Sec. 2. DEFINITIONS. For use in this chapter, the following
F: terms are.defined.
1. "Developer" means any person applying for preliminary
plat, the construction of which will affect public capital
facilities.
2. "Public capital facility" means all City facilities as set forth
in the capital improvements plan for the City, any City
enterprise or public improvement as set forth in Chapter
384.24(2) or 384.37(1) of the Code of Iowa, or as
'designated by resolution.
F``! Section 3: IMPOSITION OF RECOUPMENT FEE. Any person
who seeks approval of a preliminary plat in the City by applying for an
approval of the plat by the City shall pay a recoupment fee in addition
to the set preliminary plat rate schedule. The Council and the
developer as a part of the subdivider's agreement shall fix the amount
of the fee. The City shall consider and adopt any subdivider's
agreement in conjunction with consideration and approval of the
preliminary plat. The Council should consider the following in
determining an equitable recoupment fee:
1. The cost of existing public capital fa cilities affected
by the application;
' Page
#2006-278 pg. 2
2. The method of financing existing public capital
facilities;
3. The extent to which the new development has
already contributed to existing public capital
facilities;
4. The extent of future contributions of the new
development, i.e., user charges;
5. Whether the Developer may be entitled to a credit
against all or a portion of the fee imposed hereunder
on account of the nature of a particular public
facility and its use in common with others not a part
of the new development;
6. Unusual costs associated with providing services to
the new development;
Section o4: PAYMENT OF FEE. The Developer shall pay the
recoupment fee prior to the issuance of a building permit.
Section o5: USE,OF FUNDS. Funds collected hereunder shall be
used solely for the purpose of acquiring, equipping, or making
improvements to public capital facilities under the jurisdiction and
control of the City. Funds collected hereunder shall not be used for
maintenance or operations. In the event that bonds or similar debt
service instruments are issued for advance provision of capital
. facilities for which recoupment fees could have been expended, fees
collected hereunder may be-used to pay debt service on such bonds or
debt instruments.
Section o6: CREDITS. Instead of the payment of all or a portion
of a fee hereunder, and at the sole discretion of the Council, a
Developer may dedicate land to the City. The amount and location of
the land will be determined through negotiation. Merchantable title
to such land must pass to the City prior to the issuance of a building
permit.
Section o7: Penalty Provision. The city may elect, at its sole
discretion, to prosecution any violation either as simple misdemeanor
or as a municipal infraction.
jtr 4
ti
#2006-278 pg. 3
Section o8: Repealer. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section o9. Severability. If any section, provision, or part of this
ordinance shall be adjudged to be invalid or unconstitutional, such
•
,a " 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 10: Effective Date. This ordinance shall be in effect after
its final passage, approval, and posting as provided by law.
{ r
On the 3rd day of April 2006, at a special meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Bartels, introduced Ordinance
No. 2006-278, AN ORDINANCE GOVERNING THE RECOUPMENT
OF FEES, and moved that it be given its first reading by title only.
The motion was seconded by Councilperson Petersen.
Ayes: Wright, Petersen, Dils, Demuth and Bartels. Nays: None.
Five members of the council being present and having voted "Aye",
• Mayor Glen R. Potter declared the motion carried, and Ordinance
•No.2oo6-278, AN ORDINANCE GOVERNING THE RECOUPMENT
OF FEES, was read the first time by title only and discussed and
placed on record.
Thereupon, it was moved by Councilperson Bartels, and seconded by
Councilperson Dils,that the laws and rules providing that ordinances
be considered and voted on for passage at two council meetings prior
to the meeting at which it is to be finally passed be suspended and
dispensed with and that Ordinance No. 2006-278 be read for the
second and third time by title only. Ayes: Wright, Dils, demuth;
Bartels, and Petersen. Nays: None. Motion carried.
Five members of the council being present and having voted "Aye",
Mayor Glen R. Potter declared the motion carried, and the Ordinance
No. 2006-278, AN ORDINANCE GOVERNING THE RECOUPMENT
OF FEES, was read the second and third time by title only and placed
on record.
2006-278 pg. 4
On the 3rd day of April, 2006, at a special meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Petersen moved that the
Ordinance No. 2006-278, AN ORDINANCE GOVERNING THE
RECOUPMENT OF FEES FOR USE OF CITY RESOURCES be given
its final reading by title only. The motion was seconded by
Councilperson Bartels. Ayes: . Wright, Petersen, Bartels, Dils and
Demuth. Nays: None. Motion carried.
Five members of the council being present and having voted "Aye",
Mayor Glenn R. Potter declared the motion carried and Ordinance
No. 2006-278, AN ORDINANCE GOVERNING THE RECOUPMENT
OF FEES was then read for the final time by title only and placed on
the record.
Thereupon, it was moved by Councilperson Dils and seconded by
• Councilperson Demuth that that Ordinance No. 2006-278, AN
ORDINANCE 'GOVERNING THE RECOUPMENT OF FEES FOR
USE OF CITY RESOURCES, be placed upon its final passage and
{ adopted.
Ayes: Wright, Dils, Demuth, bartels, and Petersen. Nays: None.
Motion carried.
Five members of the council being present and having voted "Aye",
Mayor Glen R. Potter declared the motion carried, and the ordinance
No..2006-278 was passed and adopted.
Whereupon the mayor declared that Ordinance No. 2006-278_ be
adopted and signified his approval of same by fixing his signature
thereto.
Passed by the council on the 3rd day of April 2006 and approved by
the mayor on the 3rd day of April 2006.
GLENN R. POTTER, Mayor
• 4 5
2006-278 pg 5
ATTEST:'.—:.>
/
7
,
�q.
' . A , T B. RRIH1VIAN, City Clerk
I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled: AN
ORDINANCE GOVERNING THE RECOUPMENT OF FEES FOR
USE OF CITY RESOURCES
and known as No.. 2006-278 was duly passed by the council on the
- 3rd day of April 2006, and signed by the mayor on the 3rd day of
April 2006, and published on the 2 ' day of
P Q IL. 2006, by' posting copies thereof in three
public places within the limits of the City of Tiffin, Iowa.
That I posted copies of Ordinance No. 2006-278 in the following
places:
Morgan's Service
Suburban by Amoco
`` a Solon State Bank of Tiffin
jat— _
MARGARET B. REIHMAN, City Clerk
•
•
Fa '
` t
j
4 ,