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CITY OF HUGO
<br />ORDINANCE NO. 2009 - 431
<br />AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING CITY CODE
<br />CHAPTER 82, ESTABLISHING WATER AND SEWER TRUNK FEES AND AVAILABILITY CHARGES AND TO AP-
<br />PORTION COSTS FOR THE CREATION, ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXTENSION, AND
<br />MAINTENANCE OF WATER AND SEWER LINES AND RELATED IMPROVEMENTS
<br />The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows:
<br />WHEREAS, the City authorized the preparation of a justification report to consider the City's current utility
<br />fee structure; and
<br />WHEREAS, the City is desirous of adopting a revised fee structure wherein, in addition to connection and
<br />other fees required by the ordinance, the fees for water and sewer are segregated into two categories: 1. Trunk
<br />water and sewer fees due at the time of platting, subdivision, or development; and 2. Water access (WAC) and
<br />sewer access (SAC) charges due at the time of connection to the system or upon expansion of an existing use;
<br />and
<br />WHEREAS, Section 82 of the Hugo City Code provides for payment of connection charges for water and
<br />sewer systems however, the City desires to make modifications previously stated to provide for the allocation of
<br />costs associated with the creation, acquisition, construction, improvement, extension, and maintenance of water
<br />and sewer lines and related improvements.
<br />NOW THEREFORE, the City Council of the City of Hugo, Washington County, Minnesota, does hereby
<br />ordain as follows:
<br />Section 1. Existing City Code Section 82-21 is deleted in its entirety and replaced with the following:
<br />Sec. 82-21. Connection charges.
<br />Any party desiring to connect any premises with the municipal water system shall file an application for service
<br />accompanied by a fee established by the city council. The fee amounts will be evaluated by the City Council and
<br />designated in the City's fee schedule by resolution of the city council. ,The connection charges shall be split into
<br />two categories as follows:
<br />Trunk Fee: The trunk water system fee is based on the cost to develop and expand the water system to accom-
<br />modate growth as outlined within the 2030 Comprehensive Water System Plan, or subsequent updates. The
<br />charge will be uniformly applied based on the anticipated growth and new connections to the system, and will be
<br />calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) units. High
<br />water users will be evaluated on a case-by-case basis at the time of plat to determine the impact and ability of the
<br />water system to serve the user. Additional fees and/or improvements may be required based on the evaluation.
<br />Trunk Fee Collection: All trunk fees shall be paid collected at the time of plat or subdivision for newly developed
<br />areas, or at the time of a building permit in the case of connection of properties formerly served by private wells.
<br />Water Availability Charge (WACI: The WAC charge is based on the value received by the customer from the water
<br />system. The WAC charge will be calculated using the MCES SAC unit calculation.
<br />WAC Charge Collection: All WAC charges shall be paid and 'collected at the time of connection or expansion
<br />when a building permit is requested.
<br />(Prior Code, § 290-020)
<br />Section 2. Section 82-101 is amended to delete existing Section (t), (g), and (h) and to add new and
<br />amended (f), (g) and (h) as follows:
<br />(f) gMCES Sewer availability charge (SAC). No permit shall be issued for any connection, enlargement or altera-
<br />tion to the sewer system until a determination has been made by the city of the service availability charge to be
<br />imposed by the Metropolitan Council Environmental Services (MCES), and the applicant has paid to the city the
<br />full amount of any such sewer availability charge that may be applicable.
<br />(g) Any party desiring to connect any premises with the municipal sanitary sewer system shall file an application
<br />for service accompanied by a fee established by the city council. The fee shall be split into two categories as
<br />follows:
<br />Sewer Trunk Fee: The trunk water system fee is based on the cost to develop and expand the City's sanitary
<br />sewer system to accommodate growth as outlined within the 2030 Comprehensive Sanitary Sewer Plan, or sub-
<br />sequent updates. The charge will be uniformly applied based on the anticipated growth and new connections to
<br />the system, and will be calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability
<br />Charge (SAC) units. High sewer users will be evaluated on a case-by-case basis at the time of plat to determine
<br />the impact and ability of the sewer system to serve the user. Additional fees and/or improvements may be re-
<br />quired based on the evaluation.
<br />Trunk Fee Collection: All trunk fees shall be collected and paid at the time of plat or subdivision for newly devel-
<br />oped areas, or at the time of a building permit in the case of connection of properties formerly served by a private
<br />septic system.
<br />City Sewer Availability Charge (City SACT: The City SAC charge is based on the value received by the customer
<br />from the City sanitary sewer system. The City SAC charge will be calculated using the MCES SAC unit calcula-
<br />tion.
<br />C'ily SAC: Charge Collection: All City SAC charges are to be collected at the time of connection or expansion
<br />when a building permit is requested.
<br />(h) Fees. All fees and charges referenced in this section shall be as established by the city council and desig-
<br />nated in the City's fee schedule.
<br />(Prior Code, § 230-060)
<br />Section 3. Severability: In the event a Court of competent jurisdiction judges any part of this ordinance
<br />to be invalid, such judgment shall not affect or impair any other provision of this ordinance not specifically included
<br />in that judgment.
<br />Section 4. Applicability, This Ordinance shall apply to all property where a parry makes a connection
<br />to or an expansion of the municipal sewer or water system. Property that has been platted or subdivided prior to
<br />the effective date of this ordinance, has not been connected to the municipal sewer or water system, and where a
<br />trunk fee has not been paid, will be subject to the SAC and WAC fees outlined in the 2009 Fee Schedule adopted
<br />December 15, 2008. After January 1, 2010, the above referenced properties will be subject to both the trunk fee
<br />and SAC/WAC fees as required by this ordinance and as described in the justification report.
<br />Section 5. Effective Date. This Ordinance shall be effective after its passage and publication according
<br />to law and severability.
<br />WHEREUPON the following members voted in favor: Haas, Klein, Petryk, Weidt, Miron
<br />WHEREUPON the following members voted against: None
<br />PASSED AND ADOPTED by the City Council of the City of Hugo, Washington County, Minnesota, this 3r1 day of
<br />August, 2009:
<br />APPROVED: Fran Miron, Mayor
<br />ATTEST: Michele Lindau, C`ty Clerk
<br />Published one time in The Citizen on August 19, 2009.
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