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PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE- NO. 1999- 335 STORM WATER UTILITY ORDINANCE AN ORDINANCE ESTABLISHING CHAPTER 275 OF THE HUGO CITY CODE CREATING A STORM WATER UTILITY FEE SYSTEM. THE CITY COUNCIL OF THE; CITY OF HUGO, WASHINGTON COUNTY, MINNESO- TA, DOES HEREBY ORDAIN AS FOLLOWS: 275.01 Statutory Authority_ Minnesota Statutes Section 444.075 autho- rizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("Charges"). By this section, the City elects to exercise such authority. 275.02 Findings and Determinations In providing for such charges, the findings and determinations set out in this subsection are hereby made: A. In the exercise of its governmental authority, and in order to promote the public health, safety, convenience, and general wel- fare, the City has constructed; operated, and maintained a storm sewer system ("the sys- tem"). This section is adopted in the further exercise of such authority and for the same purposes. B. The system, as constructed, has, in the past, been financed and paid for through the imposition of special assessments and/or ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desir- able to provide an alternative method of recov- ering some or all of the future costs of improv- ing, maintaining, and operating the system igh the imposition of charges as provided s Ordinance. ;. In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the sys- tem, past methods of recovering system costs, the topography of the City, and other relevant factors. It is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintain- ing, and improving the system on the basis of the expected storm water runoff from the vari- ous parcels of land within the City during a standard one-year rainfall event. D. Assigning costs and making charges based upon expected typical storm water runoff cannot be ;lone with mathematical preci- sion, but can only be accomplished within rea- sonable and practical limits The provisions of this section undertake to establish a reason- able and practical methodology for making such charges. E. That the storm water utility fees shall apply to those areas within the City of Hugo which exist within the 20/20 Urban Development Area. This is consistent with this Ordinance's purpose to develop a funding mechanism that will fairly charge land owners based upon their use of the storm sewer sys- tem. The Council finds that, historically, very lit- tle money is spent on maintaining the storm water system outside the 20/20 Urban Development Area. Instead, as land develops and as impervious surfaces increase, costs related to storm water control also increase. F. Based upon this same premise, land uses that have a high percentage of impervious surface (and which generate large volumes of toff) such as commercial and industrial as, would be charged more than land uses t have a small amount of impervious sur- faces, and which generate less runoff, such as residential areas. 275.03 Definitions. The following words, terms, and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: A. Surface water utility fee means the quar- terly charge for each parcel of non-exempt property in the City for the management of storm water. B'Residential eduivalencv factor ("REF"1 ans the ratio of runoff volume, in inches, for articular land use, to the runoff volume, in inches, for a one -third -acre residential lot, assuming a 2.4 inch rainfall and soil conserva- tion (SCS) "Type B" soil conditions. 275.04 Surface water utility fees. A. The residential equivalency factors for various land uses within the City are as follows: Classification Land Use REF 1 Single-family residential 1.00 2 Agricultural/Open space 0.30 3 Medium density residential 1.40 4 High density residential 1.90 5 Business/commercial, industrial, institutions 2.70 6 Parks, cemeteries, golf courses, arboretums 0.30 B. Other Land Uses. Otherland uses not listed in the foregoing table shall be classified by the City Administrator, with the assistance of the City's Engineer (or Water Resource Engineer) by assigning them to the classes most nearly like the listed uses, from the stand- point of probable hydraulic response. Appeals from this determination of the proper classifica- tion may be made to the City Council. 275.05 Establishing Basic Rate. In determining charge, the Council shall from time to time, by resolution, establish a basic system rate to be charged against one acre of land having an REF of 1.00. The charge to be made against each parcel of land shall then be determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. 275.06 54n Acreage. For the purposes of simplifying and equal- izing charges against property used for single- ly residential purposes, each of such prop - shall be considered to have an acreage e third (1/3) of an acre. 275.07 Adjustment of Charges. The City Council may, by Resolution, from time to time, adopt policies providing for the adjustment of charges for parcels or groups of parcels, based upon hydrologic data supplied by affected property owners, demonstrating an actual hydrologic response substantially differ- ent from the REF being used for the parcel or AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has -complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed CITY OF HUGO ORDINANCE NO. 1999-335 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY , the 22 day of SFPTFMRFR , 19__q�� and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmrtopgrstuvwxyz � BY: N TITLE: Publisher Subscribed and sworn to before me on this 22 day of SEPTEMBER 999 } t Notary'Public, Ramsey County, Minn. My commission expires January 31. 2000. ------------------------------------------------------------------- RATE INFORMATION (1) Lowest classified rate paid by $ commercial users for comparable space. (Line, word, or inch rate) (2) Maximum rate allowed by law for $ the above matter. (Line, word, or inch rate) (3) Rate actually charged for the $ 6.00/INCH above matter. (Line, word, or inch rate)