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HomeMy WebLinkAbout2008.11.17 ORD 2008-425ORDINANCE 2008-425 AN ORDINANCE ESTABLISHING THE 129TH STREET LIFT STATION SANITARY SEWER UTILITY IMPROVEMENT DISTRICT NO. 1 THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: Authority. The Council is authorized by Minnesota Statutes, Chapter 444, to establish by ordinance a water works, storm and sanitary sewer district improvement tax district within which the Council may acquire, construct, reconstruct, extend, maintain, and otherwise improve water works, storm and sanitary sewer district systems and related facilities and within which the Council may levy a tax on all taxable property therein to finance the cost of such improvements, including maintenance and the payment of principal and interest on obligations issued in making such improvements. Establishment of District. There is hereby established the 129th Street Lift Station Sanitary Sewer Utility Improvement District No. 1, the area of which lies within the following described boundary: (See attached area as Exhibit "A") and consists of the 1291h Street Lift Station, including the lift station, sanitary sewer infrastructure, water system improvements and street reconstruction ("Sanitary Sewer Utility"). Purpose of Funds Derived and Allocation of Revenues. The purpose of all funds derived from the Sanitary Sewer Utility is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment in the maintenance, operation and use of the Sanitary Sewer Utility as established by the City of Hugo. All revenues derived from the Sanitary Sewer Utility fee shall be credited to the appropriate water works utility fund. Lift Station Utility Fee. (a) A Sanitary Sewer Utility fee for the connection and availability of the sewer system shall be determined by resolution of the City Council, from time to time, and shall be just and equitable. The charge for the connection and availability of sewer service may be imposed to all lots and premises abutting on streets and other places where sewer utilities are located, whether or not connected to them and in accordance with and for the purposes set forth in Minnesota Stat. 444 et. seq. (b) A fee for the use of the Sanitary Sewer Utility shall be determined by resolution of the City Council, from time to time, and shall be just and equitable. Charges made for the use of facilities may be fixed by reference to a reasonable classification of the types of premises to which the service is furnished, or by reference to the quantity, availability, and difficulty of disposal of effluent, or in any other equitable basis, including, but not without limitation, any combination of those referred to above. Adjustments. The City Council may adopt by resolution policies and standards for the adjustment of fees for parcels. Such adjustments shall not be made retroactive. Exemptions. Public rights-of-way are exempt from the fees established pursuant to this ordinance. Billings. Bills for charges for the fees shall be made by the Clerk of the City of Hugo. All bills shall be payable at the office of the City Finance Director. Recalculation of Fees. If a property owner or person responsible for paying the fees questions the correctness of such charge or the computation of same, that person may have the determination of the charge recomputed within six (6) months of the mailing of the fee by submitting to the City Clerk a written request for the recomputation Collections. All fees are due prior to issuance of a permit by the City to connect to the utility. No connection shall be made without first issuance of a permit by the City. A violation of this Ordinance shall be a misdemeanor. Sunset Clause. Recognizing that facilities have a limited useful life, this ordinance shall expire and become void on the first day of January, 2029, unless sooner abolished by ordinance or extended by resolution of the City Council. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included within that judgment. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication according to law. WHEREUPON the following members voted in favor: Puleo, Petryk, Haas, Miron WHEREUPON the following members voted in against: None PASSED AND ADOPTED, by the City Council of the City of Hugo, Washington County, Minnesota this 17th day of November, 2008. ATTEST: Michele Lindau, City Clerk 3 Exhibit A That part of the following described tract of land in the City of Hugo: All that part of the Northwest quarter of the Southwest quarter and that part of the Southwest quarter of the Southwest quarter all in Section 30, Township 31, Range 21 Washington County, Minnesota, which lies Easterly of Elmcrest Avenue North. 4 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 Nancy 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 2008-425 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 10th day of December 2008; 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: abcdefghij klmnopgrstuvwxyz AUTHORIZED SIGNATURE: Title Citizen Staff SUBSCRIBED AND SWORN TO BEFORE 1E ON THE 23 DAY OF_Marc 2009 . COURTWOMM NOTARY SIGNATURE NOTARY PIBJC - My Cwwfton Expires Jan. 91,2013 _ L RATE INFORMATION: $8.80/INCH ORDINANCE 2008-425 AN ORDINANCE ESTABLISHING THE 129TH STREET LIFT STATION SANITARY SEWER UTILITY IMPROVEMENT DISTRICT NO. 1 THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: Authority The Council is authorized by Minnesota Statutes, Chapter 444, to establish by or- dinance a water works, storm and sanitary sewer district improvement tax district within which the Council may acquire, construct, reconstruct, extend, maintain, and otherwise improve water works, storm and sanitary sewer district systems and related facilities and within which the Council may levy a tax on all taxable property therein to finance the cost of such improvements, including maintenance and the payment of principal and interest on obligations issued in making such improvements. Establishment of District. There is hereby established the 1291h Street Lift. Station Sanitary Sewer Utility Improvement District No. 1, the area of which lies within the following described boundary: (See attached area as Exhibit "A") and consists of the 129"' Street Lift Station, including the lift station, sanitary sewer infrastructure, water system improvements and street reconstruction ("Sanitary Sewer Utility"). Purpose of Funds Derived and Allocation of Revenues. The purpose of all funds derived from the Sanitary Sewer Utility is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment in the maintenance, operation and use of the Sanitary Sewer Utility as established by the City of Hugo. All revenues derived from the Sanitary Sewer Utility fee shall be credited to the appropriate water works utility fund. Lift Station Utility Fee. (a) A Sanitary Sewer Utility fee for the connection and availability of the sewer system shall be determined by resolution of the City Council, from time to time, and shall be just and equitable. The charge for the connection and availability of sewer service may be imposed to all lots and premises abutting on streets and other places where sewer utilities are located, whether or not connected to them and in accordance with and for the purposes set forth in Minnesota Stat. 444 et. seq. (b) A fee for the use of the Sanitary Sewer Utility shall be determined by reso- lution of the City Council, from time to time, and shall be just and equitable. Charges made for the use of facilities may be fixed by reference to a reasonable classification of the types of premises to which the service is furnished, or by reference to the quantity, availability, and difficulty of disposal of effluent, or in any other equitable basis, including, but not without limitation, any combination of those referred to above. Adjustments. The City Council may adopt by resolution policies and standards for the adjust- ment of fees for parcels. Such adjustments shall not be made retroactive. Exemptions. Public rights-of-way are exempt from the fees established pursuant to this ordi- nance. Billings. Bills for charges for the fees shall be made by the Clerk of the City of Hugo. All bills shall be payable at the office of the City Finance Director. Recalculation of Fees. If a property owner or person responsible for paying the fees questions the cor- rectness of such charge or the computation of same, that person may have the determination of the charge recomputed within six (6) months of the mailing of the fee by submitting to the City Clerk a written request for the'recomputation Collections. All fees are due prior to issuance of a permit by the City to connect to the utility. No connection shall be made without first issuance of a permit by the City. A violation of this Ordinance shall be a misdemeanor. Sunset Clause. Recognizing that facilities have a limited useful life, this ordinance -shall expire and become void on the first day of January, 2029, unless sooner abolished by ordinance or extended by resolution of the City Council. Severability. In the event that a court of competent jurisdiction adjudges any part of this Or- dinance to be invalid; such judgment shall not affect any other provision of this Ordinance not specifically included within that judgment. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication according to law. WHEREUPON the following members voted in favor: Puleo, Petryk, Haas, Miron WHEREUPON the following members voted in against: None PASSED AND ADOPTED by the City Council of the City of Hugo, Washington County, Minnesota this 171" day of November, 2008. CITY OF HUGO Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Exhibit A That part of the following described tract of land in the City of Hugo: All that part of the Northwest quarter of the Southwest quarter and that part of the Southwest quarter of the Southwest quarter all In Section 30, Township 31, Range 21 Washington County, Minnesota, which lies Easterly of Elmcrest Avenue North. Published one time in The Citizen on December 10, 2008.