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HomeMy WebLinkAbout2009.08.03 ORD 2009-431CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2009 - 431 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING CITY CODE CHAPTER 82, ESTABLISHING WATER AND SEWER TRUNK FEES AND AVAILABILITY CHARGES AND TO APPORTION COSTS FOR THE CREATION, ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXTENSION, AND MAINTENANCE OF WATER AND SEWER LINES AND RELATED IMPROVEMENTS The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: WHEREAS, the City authorized the preparation of a justification report to consider the City's current utility fee structure; and WHEREAS, the City is desirous of adopting a revised fee structure wherein, in addition to connection and other fees required by the ordinance, the fees for water and sewer are segregated into two categories: 1. Trunk water and sewer fees due at the time of platting, subdivision, or development; and 2. Water access (WAC) and sewer access (SAC) charges due at the time of connection to the system or upon expansion of an existing use; and WHEREAS, Section 82 of the Hugo City Code provides for payment of connection charges for water and sewer systems however, the City desires to make modifications previously stated to provide for the allocation of costs associated with the creation, acquisition, construction, improvement, extension, and maintenance of water and sewer lines and related improvements. NOW THEREFORE, the City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: Section 1. Existing City Code Section 82-21 is deleted in its entirety and replaced with the following: Sec. 82-21. Connection charges. Any party desiring to connect any premises with the municipal water system shall file an application for service accompanied by a fee established by the city council. The fee amounts will be evaluated by the City Council and designated in the City's fee schedule by resolution of the city council. The connection charges shall be split into two categories as follows: Trunk Fee: The trunk water system fee is based on the cost to develop and expand the water system to accommodate growth as outlined within the 2030 Comprehensive Water System Plan, or subsequent updates. The charge will be uniformly applied based on the anticipated growth and new connections to the system, and will be calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) units. High water users will be evaluated on a case-by-case basis at the time of plat to determine the impact and ability of the water system to serve the user. Additional fees and/or improvements may be required based on the evaluation. Trunk Fee Collection: All trunk fees shall be paid collected at the time of plat or subdivision for newly developed areas, or at the time of a building permit in the case of connection of properties formerly served by private wells. Water Availability Charge (WAC): The WAC charge is based on the value received by the customer from the water system. The WAC charge will be calculated using the MCES SAC unit calculation. WAC Charge Collection: All WAC charges shall be paid and collected at the time of connection or expansion when a building permit is requested. (Prior Code, § 290-020) Section 2. Section 82-101 is amended to delete existing Section (f), (g), and (h) and to add new and amended (f), (g) and (h) as follows: (f) MCES Sewer availability charge (SAC). No permit shall be issued for any connection, enlargement or alteration to the sewer system until a determination has been made by the city of the service availability charge to be imposed by the Metropolitan Council Environmental Services (MCES), and the applicant has paid to the city the full amount of any such sewer availability charge that may be applicable. (g) Any party desiring to connect any premises with the municipal sanitary sewer system shall file an application for service accompanied by a fee established by the city council. The fee shall be split into two categories as follows: Sewer Trunk Fee: The trunk water system fee is based on the cost to develop and expand the City's sanitary sewer system to accommodate growth as outlined within the 2030 Comprehensive Sanitary Sewer Plan, or subsequent updates. The charge will be uniformly applied based on the anticipated growth and new connections to the system, and will be calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) units. High sewer users will be evaluated on a case-by-case basis at the time of plat to determine the impact and ability of the sewer system to serve the user. Additional fees and/or improvements may be required based on the evaluation. Trunk Fee Collection: All trunk fees shall be collected and paid at the time of plat or subdivision for newly developed areas, or at the time of a building permit in the case of connection of properties formerly served by a private septic system. City Sewer Availability Charge (City SAC): The City SAC charge is based on the value received by the customer from the City sanitary sewer system. The City SAC charge will be calculated using the MCES SAC unit calculation. City SAC Charge Collection: All City SAC charges are to be collected at the time of connection or expansion when a building permit is requested. (h) Fees. All fees and charges referenced in this section shall be as established by the city council and designated in the City's fee schedule. (Prior Code, § 230-060) Section 3. Severability. In the event a Court of competent jurisdiction judges any part of this ordinance to be invalid, such judgment shall not affect or impair any other provision of this ordinance not specifically included in that judgment. Section 4. Applicability. This Ordinance shall apply to all property where a party makes a connection to or an expansion of the municipal sewer or water system. Property that has been platted or subdivided prior to the effective date of this ordinance, has not been connected to the municipal sewer or water system, and where a trunk fee has not been paid, will be subject to the SAC and WAC fees outlined in the 2009 Fee Schedule adopted December 15, 2008. After January 1, 2010, the above referenced properties will be subject to both the trunk fee and SAC/WAC fees as required by this ordinance and as described in the justification report. Section 5. Effective Date. This Ordinance shall be effective after its passage and publication according to law and severability. WHEREUPON the following members voted in favor: Haas, Klein, Petryk, Weidt, Miron WHEREUPON the following members voted against: None PASSED AND ADOPTED by the City Council of the City of Hugo, Washington County, Minnesota, this 3rd day of August, 2009. i'0 -••',, . ATTEST: ichelle Lindau, City Clerk AFFIDAVIT OF PUBLICATION The Citizen PO Box 393. 14491 Forest Blvd. N. - Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed ORDINANCE NO. 2009-431 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 19"' day of August 2009; 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: abcdefghijklmnopgrstuvwxyz AU O ED SIGNATTURE: e Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE 16 DAY OF November , 2009. NOTARY SIGNATURE: RATE INFORMATION: $9.00/INCH t yW KATIE L. NEUMAN-LINDSTROM { Notary Public-Minrwmta My Comm. Expires Jan. 31. 20133 CITY OF HUGO ORDINANCE NO. 2009 - 431 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING CITY CODE CHAPTER 82, ESTABLISHING WATER AND SEWER TRUNK FEES AND AVAILABILITY CHARGES AND TO AP- PORTION COSTS FOR THE CREATION, ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXTENSION, AND MAINTENANCE OF WATER AND SEWER LINES AND RELATED IMPROVEMENTS The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: WHEREAS, the City authorized the preparation of a justification report to consider the City's current utility fee structure; and WHEREAS, the City is desirous of adopting a revised fee structure wherein, in addition to connection and other fees required by the ordinance, the fees for water and sewer are segregated into two categories: 1. Trunk water and sewer fees due at the time of platting, subdivision, or development; and 2. Water access (WAC) and sewer access (SAC) charges due at the time of connection to the system or upon expansion of an existing use; and WHEREAS, Section 82 of the Hugo City Code provides for payment of connection charges for water and sewer systems however, the City desires to make modifications previously stated to provide for the allocation of costs associated with the creation, acquisition, construction, improvement, extension, and maintenance of water and sewer lines and related improvements. NOW THEREFORE, the City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: Section 1. Existing City Code Section 82-21 is deleted in its entirety and replaced with the following: Sec. 82-21. Connection charges. Any party desiring to connect any premises with the municipal water system shall file an application for service accompanied by a fee established by the city council. The fee amounts will be evaluated by the City Council and designated in the City's fee schedule by resolution of the city council. ,The connection charges shall be split into two categories as follows: Trunk Fee: The trunk water system fee is based on the cost to develop and expand the water system to accom- modate growth as outlined within the 2030 Comprehensive Water System Plan, or subsequent updates. The charge will be uniformly applied based on the anticipated growth and new connections to the system, and will be calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) units. High water users will be evaluated on a case-by-case basis at the time of plat to determine the impact and ability of the water system to serve the user. Additional fees and/or improvements may be required based on the evaluation. Trunk Fee Collection: All trunk fees shall be paid collected at the time of plat or subdivision for newly developed areas, or at the time of a building permit in the case of connection of properties formerly served by private wells. Water Availability Charge (WACI: The WAC charge is based on the value received by the customer from the water system. The WAC charge will be calculated using the MCES SAC unit calculation. WAC Charge Collection: All WAC charges shall be paid and 'collected at the time of connection or expansion when a building permit is requested. (Prior Code, § 290-020) Section 2. Section 82-101 is amended to delete existing Section (t), (g), and (h) and to add new and amended (f), (g) and (h) as follows: (f) gMCES Sewer availability charge (SAC). No permit shall be issued for any connection, enlargement or altera- tion to the sewer system until a determination has been made by the city of the service availability charge to be imposed by the Metropolitan Council Environmental Services (MCES), and the applicant has paid to the city the full amount of any such sewer availability charge that may be applicable. (g) Any party desiring to connect any premises with the municipal sanitary sewer system shall file an application for service accompanied by a fee established by the city council. The fee shall be split into two categories as follows: Sewer Trunk Fee: The trunk water system fee is based on the cost to develop and expand the City's sanitary sewer system to accommodate growth as outlined within the 2030 Comprehensive Sanitary Sewer Plan, or sub- sequent updates. The charge will be uniformly applied based on the anticipated growth and new connections to the system, and will be calculated using Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) units. High sewer users will be evaluated on a case-by-case basis at the time of plat to determine the impact and ability of the sewer system to serve the user. Additional fees and/or improvements may be re- quired based on the evaluation. Trunk Fee Collection: All trunk fees shall be collected and paid at the time of plat or subdivision for newly devel- oped areas, or at the time of a building permit in the case of connection of properties formerly served by a private septic system. City Sewer Availability Charge (City SACT: The City SAC charge is based on the value received by the customer from the City sanitary sewer system. The City SAC charge will be calculated using the MCES SAC unit calcula- tion. C'ily SAC: Charge Collection: All City SAC charges are to be collected at the time of connection or expansion when a building permit is requested. (h) Fees. All fees and charges referenced in this section shall be as established by the city council and desig- nated in the City's fee schedule. (Prior Code, § 230-060) Section 3. Severability: In the event a Court of competent jurisdiction judges any part of this ordinance to be invalid, such judgment shall not affect or impair any other provision of this ordinance not specifically included in that judgment. Section 4. Applicability, This Ordinance shall apply to all property where a parry makes a connection to or an expansion of the municipal sewer or water system. Property that has been platted or subdivided prior to the effective date of this ordinance, has not been connected to the municipal sewer or water system, and where a trunk fee has not been paid, will be subject to the SAC and WAC fees outlined in the 2009 Fee Schedule adopted December 15, 2008. After January 1, 2010, the above referenced properties will be subject to both the trunk fee and SAC/WAC fees as required by this ordinance and as described in the justification report. Section 5. Effective Date. This Ordinance shall be effective after its passage and publication according to law and severability. WHEREUPON the following members voted in favor: Haas, Klein, Petryk, Weidt, Miron WHEREUPON the following members voted against: None PASSED AND ADOPTED by the City Council of the City of Hugo, Washington County, Minnesota, this 3r1 day of August, 2009: APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, C`ty Clerk Published one time in The Citizen on August 19, 2009.