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HomeMy WebLinkAbout2002.04.01 ORD 2002-358P ORDINANCE 2002 - 358 • AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION OF SANITARY SEWER SERVICES TO THE 130TH STREET LIFT STATION. Whereas, the City of Hugo operates a municipal water and sanitary sewer utility; and Whereas, Oakwood Land Development Company, Inc., has constructed a sanitary sewer lift station as part of the Beaver Ponds subdivision; and Whereas, the City Council has determined that said sanitary sewer lift station was constructed to serve the needs of areas outside of the Beaver Ponds subdivision; and Whereas, the developer has incurred costs to comply with the City's requirements for the location and construction of said sanitary sewer lift station; and Whereas, on May 18, 1998, the City Council adopted a policy to reimburse private developers for certain costs associated with the construction of public facilities designed to serve properties outside of their development; and Whereas, the City Council conducted a public hearing on June 30, 1998, to consider levying area -wide connection charges on future developments served by said sanitary sewer lift station; and Whereas, final costs and area -wide connection charges have been calculated by the City's Finance Director; THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: Section 1. Purpose. This Ordinance hereby establishes area -wide connection charges, pursuant to Minnesota Statutes Chapter 444, to be paid by persons constructing sanitary sewer to be served by the 130' Street sanitary sewer lift station. These fees are to be used to reimburse the Developer partial costs of constructing the lift station. Section 2. Definitions. 2.1 "Sanitary Sewer Service Connection" is pipe constructed between a building or facility and a public sanitary sewer main for the purpose of disposing of wastewater. 2.2 "Developer" is Oakwood Land Development Company, Inc., its successors, and/or assigns. r r� U 9M Section 3. Area Subject to and Amount of Connection Charges by Parcel Number. 28.031.21.32.0001 - $ 7,422 28.031.21.32.0002 - $ 3,374 28.031.21.32.0003 - $ 3,374 28.031.21.32.0004 - $ 3,036 28.031.21.32.0005 - $ 2,362 29.031.21.31.0001 - $ 20,918 29.031.21.33.0001 - $ 675 29.031.21.34.0001 - $ 47,571 29.031.21.41.0001 - $ 2,362 29.031.21.41.0002 - $ 2,362 29.031.21.41.0003 - $ 8,772 29.031.21.43.0001 - $ 15,520 29.031.21.44.0001 - $ 4,723 29.031.21.44.0002 - $ 6,748 29.031.21.44.0003 - $ 9,447 31.031.21.11.0001 - $ 2,362 32.031.21.11.0001 - $ 2,699 32.031.21.11.0002 - $ 1,350 32.031.21.11.0003 - $ 3,711 32.031.21.11.0004 - None 32.031.21.12.0001 - $ 3,036 32.031.21.13.0001 - $ 2,699 32.031.21.14.0001 - $ 15,520 32.031.21.14.0002 - $ 10,122 32.031.21.23.0002 - $ 4,723 32.031.21.23.0003 - $ 12,146 32.031.21.23.0004 - $ 4,049 32.031.21.24.0001 - $ 13,495 Section 4. Determination of Costs to be Apportioned. The developer may be reimbursed up to $214,577 plus any interest on the charges paid to the City. Section 5. Area -Wide Connection Charges. Prior to granting final plat approval, or issuing any building permit that results in a sanitary sewer service connection to the 13d Street Lift Station, the property owner or property owner's representative shall pay the City of Hugo the amount identified in Section 3. Area -wide connection charges shall be levied on each sanitary sewer connection only once. Section 6. Prepayment and Interest. Simple interest at the rate of 7 percent will accrue from the date of the adoption of this ordinance, except that property owners may prepay the area -wide connection charges established herein interest-free within 30 days of adoption of this ordinance. Section 7. Distribution of Collected Charges. All charges, including interest, collected under this ordinance shall be deposited in the City's Sanitary Sewer Construction Fund. Within 30 days following receipt of such funds, the Finance Director shall pay the developer the connection charges and interest collected. The developer shall receive the funds collected until reimbursed the total amount designated in Section 4 of this ordinance. 7.1. Within 30 days of any change in the business address, business structure, business organization, or sale or transfer of ownership in the developer's company, the developer shall provide a written notice to the City's Finance Director, sent by certified mail, informing the City of said change. The City shall have no responsibility to deliver payment, as contemplated herein, to a successor organization or to a new address, unless this notice has first been provided to the City's Finance Director. 7.2 If there are any funds collected and owed the developer on the date this ordinance expires, and the City does not have a current address to mail the funds, the Finance Director shall place a notice in the City's official newspaper on two separate occasions, at least one week apart, notifying the public of the amount of funds accrued and unpaid, the purpose of their collection, that any person having claim to such funds may file such claim with the City no later than thirty days following the publishing of the second notice. Funds unpaid following settlement of all claims shall become the property of the City of Hugo. 7.3 The City shall not pay interest on funds retained in its custody, except that paid to the City as part of connection charges. Section 8. Sunset Clause. Recognizing that facilities have a limited useful life, this ordinance shall expire and become void on the first day of January, 2022, unless sooner abolished by ordinance or extended by resolution of the City Council. Following expiration of this ordinance, the developer shall lose claim to any unpaid funds due under this ordinance, except as specifically stated in Section 7 herein. Section 9. Enactment. This ordinance shall be in full force and effect from and after its passage and publication. Upon roll call the following members voting AYE: Granger, Haas, Petryk, Puleo, Miron Upon roll call the following members voting NAY: NONE Whereupon said ordinance was declared passed and adopted this 1 st day of April 2002. ��n, Mayor ATTEST: Mary A reager, City Clerk Published in the White Bear Press this 10th day of April, 2002. 11 PkINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO ORDINANCE 2002 — 358 AN ORDINANCE ESTABLISHING FEES FOR THE CON - ,N OF SANITARY SEWER SERVICES TO THE 130TH r LIFT STATION. areas, the City of Hugo operates a municipal water and sanitary sewer utility; and Whereas, Oakwood Land Development Company, Inc., has constructed a sanitary sewer lift station as part of the Beaver Ponds subdivision; and Whereas, the City Council has determined that said sanitary sewer lift station was constructed to serve the needs of areas outside of the Beaver Ponds subdivision; and Whereas, the developer has incurred costs to comply with the City's requirements for the location and construction of said sanitary sewer lift station; and Whereas, on May 18, 1998, the City Council adopted a pol- icy to reimburse private developers for certain costs associated with the construction of public facilities designed to serve prop- erties outside of their development; and Whereas, the City Council conducted a public hearing on June 30, 1998, to consider levying area -wide connection charges on future developments served by said sanitary sewer lift station; and Whereas, final costs and area -wide connection charges have been calculated by the City's Finance Director; THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: Section 1. Purpose. This Ordinance hereby establishes area -wide connection charges, pursuant to Minnesota Statutes Chapter 444, to be paid by persons constructing sanitary sewer to be served by the 130th Street sanitary sewer lift station. These fees are to be used to reimburse the Developer partial costs of constructing the lift station. Section 2. Definitions. 2.1 "Sanitary Sewer Service Connection" is pipe constructed between a building or facility and a public sanitary sewer main for the purpose of disposing of wastewater. 2.2 "Developer" is Oakwood Land Development Company, Inc., its successors, and/or assigns. Section 3. Area Subject to and Amount of Connection - s by Parcel Number. 28.031.21.32.0001 - $ 7,422 --11.21.11.0001 1.21.11.0001 - $ 2,362 28.031.21.32.0002 - $ 3,374 32.031.21.11.0001 - $ 2,699 28.031.21.32.0003 - $ 3,374 32.031.21.11.0002 - $ 1,350 28.031.21.32.0004 - $ 3,036 32.031.21.11.0003 - $ 3,711 28.031.21.32.0005 - $ 2,362 32.031.21.11.0004 - None 29.031.21.31.0001 - $ 20,918 32.031.21.12.0001 - $ 3,036 29.031.21.33.0001 - $ 675 32.031.21.13.0001 • $ 2,699 29.031.21.34.0001 - $ 47,571 32.031.21.14.0001 - $ 15,520 29.031.21.41.0001 - $ 2,362 32.031.21.14.0002 - $ 10,122 29.031.21.41.0002 - $ 2,362 32.031.21.23.0002 - $ 4,723 29.031.21.41.0003 $ 8,772 32.031.21.23.0003 - $ 12,146 29.031.21.43.0001 - $ 15,520 32.031.21.23.0004 - $ 4,049 29.031.21.44.0001 - $ 4,723 32.031.21.24.0001 - $ 13,495 29.031.21.44.0002 - $ 6,748 29.031.21.44.0003 - $ 9,447 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 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 constituting 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. 2002-358 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 10 day of APRIL , 20 02 and was thereafter printed and published on every to and inclu the day of 720 ; 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 BY: TITLE: Publisher Subscribed and sv:°orn to before rze on this 10 day of APRIL , , 2002 MARGARET TENNESSEN NOTARY PUBLIC. MINNESOTA 01 My commission expires January 31, 2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word, or inch rate) (Line, word, or inch rate) $ 6.75/INCH (Line, word, or inch rate) Section 4. Determination of Costs to be Apportioned. The developer may be reimbursed up to $214,577 plus any interest on the charges paid to the City. Section 5. Area -Wide Connection Charges. Prior to granti- ng final plat approval, or issuing any building permit that results in a sanitary sewer service connection to the 130th Street Lift Station, the property owner or property owner's representative shall pay the City of Hugo the amount identified in Section 3. Area -wide connection charges shall be levied on each sanitary sewer connection only once. Section 6. Prepayment and Interest. Simple interest at the rate of 7 percent will accrue from the date of the adoption of this ordinance, except that property owners may prepay the area - wide connection charges established herein interest-free within 30 days of adoption of this ordinance. Section 7. Distribution of Collected Charges. All charges, including interest, collected under this ordinance shall be deposited in the City's Sanitary Sewer Construction Fund. Within 30 days following receipt of such funds, the Finance Director shall pay the developer the connection charges and interest collected. The developer shall receive the funds collect- ed until reimbursed the total amount designated in Section 4 of this ordinance. 7.1. Within 30 days of any change in the business address, business structure, business organization, or sale or transfer of ownership in the developer's company, the developer shall pro- vide a written notice to the City's Finance Director, sent by certi- fied mail, informing the City of said change. The City shall have no responsibility to deliver payment, as contemplated herein, to a successor organization or to a new address, unless this notice has first been provided to the City's Finance Director. 7.2 If there are any funds collected and owed the developer on the date this ordinance expires, and the City does not have a current address to mail the funds, the Finance Director shall place a notice in the City's official newspaper on two separate occasions, at least one week apart, notifying the public of the amount of funds accrued and unpaid, the purpose of their col- lection, that any person having claim to such funds may file such claim with the City no later than thirty days following the publish- ing of the second notice. Funds unpaid following settlement of all claims shall become the property of the City of Hugo. 7.3 The City shall not pay interest on funds retained in its custody, except that paid to the City as part of connection charges. Section 8. Sunset Clause. Recognizing that facilities have a limited useful life, this ordinance shall expire and become void on the first day of January, 2022, unless sooner abolished by ordi- nance or extended by resolution of the City Council. Following expiration of this ordinance, the developer shall lose claim to any unpaid funds due under this ordinance, except as specifically stated in Section 7 herein. Section 9. Enactment. This ordinance shall be in full force and effect from and after its passage and publication. Upon roll call the following members voting AYE: Granger, Haas, Petryk, Puleo, Miron Upon roll call the following members voting NAY: NONE Whereupon said ordinance was declared passed and adopt- ed this 1st day of April 2002. Fran Miron, Mayor ATTEST: Mary Ann Creager, City Clerk Published in the White Bear Press April 10, 2002.