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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 ,