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.