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ORDINANCE 2008-425
<br />AN ORDINANCE ESTABLISHING THE 129TH STREET LIFT STATION SANITARY
<br />SEWER UTILITY IMPROVEMENT DISTRICT NO. 1
<br />THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA
<br />DOES ORDAIN:
<br />Authority
<br />The Council is authorized by Minnesota Statutes, Chapter 444, to establish by or-
<br />dinance a water works, storm and sanitary sewer district improvement tax district
<br />within which the Council may acquire, construct, reconstruct, extend, maintain,
<br />and otherwise improve water works, storm and sanitary sewer district systems
<br />and related facilities and within which the Council may levy a tax on all taxable
<br />property therein to finance the cost of such improvements, including maintenance
<br />and the payment of principal and interest on obligations issued in making such
<br />improvements.
<br />Establishment of District.
<br />There is hereby established the 1291h Street Lift. Station Sanitary Sewer Utility
<br />Improvement District No. 1, the area of which lies within the following described
<br />boundary: (See attached area as Exhibit "A") and consists of the 129"' Street
<br />Lift Station, including the lift station, sanitary sewer infrastructure, water system
<br />improvements and street reconstruction ("Sanitary Sewer Utility").
<br />Purpose of Funds Derived and Allocation of Revenues.
<br />The purpose of all funds derived from the Sanitary Sewer Utility is to pay for all
<br />or part of the construction, reconstruction, repair, enlargement, improvement or
<br />other obtainment in the maintenance, operation and use of the Sanitary Sewer
<br />Utility as established by the City of Hugo. All revenues derived from the Sanitary
<br />Sewer Utility fee shall be credited to the appropriate water works utility fund.
<br />Lift Station Utility Fee.
<br />(a) A Sanitary Sewer Utility fee for the connection and availability of the sewer
<br />system shall be determined by resolution of the City Council, from time to time,
<br />and shall be just and equitable. The charge for the connection and availability of
<br />sewer service may be imposed to all lots and premises abutting on streets and
<br />other places where sewer utilities are located, whether or not connected to them
<br />and in accordance with and for the purposes set forth in Minnesota Stat. 444 et.
<br />seq.
<br />(b) A fee for the use of the Sanitary Sewer Utility shall be determined by reso-
<br />lution of the City Council, from time to time, and shall be just and equitable.
<br />Charges made for the use of facilities may be fixed by reference to a reasonable
<br />classification of the types of premises to which the service is furnished, or by
<br />reference to the quantity, availability, and difficulty of disposal of effluent, or in any
<br />other equitable basis, including, but not without limitation, any combination of
<br />those referred to above.
<br />Adjustments.
<br />The City Council may adopt by resolution policies and standards for the adjust-
<br />ment of fees for parcels. Such adjustments shall not be made retroactive.
<br />Exemptions.
<br />Public rights-of-way are exempt from the fees established pursuant to this ordi-
<br />nance.
<br />Billings.
<br />Bills for charges for the fees shall be made by the Clerk of the City of Hugo. All
<br />bills shall be payable at the office of the City Finance Director.
<br />Recalculation of Fees.
<br />If a property owner or person responsible for paying the fees questions the cor-
<br />rectness of such charge or the computation of same, that person may have the
<br />determination of the charge recomputed within six (6) months of the mailing of the
<br />fee by submitting to the City Clerk a written request for the'recomputation
<br />Collections.
<br />All fees are due prior to issuance of a permit by the City to connect to the utility.
<br />No connection shall be made without first issuance of a permit by the City. A
<br />violation of this Ordinance shall be a misdemeanor.
<br />Sunset Clause.
<br />Recognizing that facilities have a limited useful life, this ordinance -shall expire
<br />and become void on the first day of January, 2029, unless sooner abolished by
<br />ordinance or extended by resolution of the City Council.
<br />Severability.
<br />In the event that a court of competent jurisdiction adjudges any part of this Or-
<br />dinance to be invalid; such judgment shall not affect any other provision of this
<br />Ordinance not specifically included within that judgment.
<br />Effective Date.
<br />This Ordinance shall be in full force and effect upon its passage and publication
<br />according to law.
<br />WHEREUPON the following members voted in favor: Puleo, Petryk, Haas,
<br />Miron
<br />WHEREUPON the following members voted in against: None
<br />PASSED AND ADOPTED by the City Council of the City of Hugo, Washington
<br />County, Minnesota this 171" day of November, 2008.
<br />CITY OF HUGO Fran Miron, Mayor
<br />ATTEST: Michele Lindau, City Clerk
<br />Exhibit A
<br />That part of the following described tract of land in the City of Hugo:
<br />All that part of the Northwest quarter of the Southwest quarter and that part of
<br />the Southwest quarter of the Southwest quarter all In Section 30, Township 31,
<br />Range 21 Washington County, Minnesota, which lies Easterly of Elmcrest Avenue
<br />North.
<br />Published one time in The Citizen on December 10, 2008.
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