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HomeMy WebLinkAbout1978.06.19 ORD 1978-152 ! . r, ORDINANCE NO. 152 AN ORDINANCE AMENDING CHAPTER 262 , ENTITLED "SANITARY SEWER SYSTEM" ARE ESTABLISHING ARTICLE III COMPRISING AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE ARTICLE III - USER STRENGTH BE IT ORDAINED by the City Council of the City of Hugo, County of Washington, as follows : 262. 42. RECITALS. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission") , in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the"Act") , has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Sectioh 473 . 121, subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treat- ment services within or served by the City. Furthermore, Minnesota Statutes, Section 444 . 075, Subdivision 3 , empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served. 262-43. ESTABLISHMENT OF STRENGTH CHARGES . For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge" ) . -1- 262. 44. ESTABLISHMENT OF STRENGTH CHARGE FORMULA. For the purpose of computation of the Strength Charge established by Section 262. 43 hereof, there is hereby established, approved and adopted in compliance with the Act the following strength charge formula - A) Strength Charge Formula Rss (SS-SSo) + Rcod (COD-CODo) SCF = SR[ ] SS0 CODo where: SCF = Strength Charge Factor SR = Strength Phase Ratio (Strength costs to system costs for administrative and 0 & M of treatment works) Rss = Suspended Solids Cost Ratio Rcod = Chemical Oxygen Demand Cost Ratio SS = Suspended Solids Concentration of Discharge (SS-SS0) COD = Chemical Oxygen Demand Concentration of Discharge (COD3) CODo = Chemical Oxygen Demand Concentration of Base B) Strength Charge SC = (SCF) (V) (TW) where: SC = Strength Charge SCF = Strength Charge Factor V = Volume of Discharge TW = Treatment Works Unit Cost as designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 262. 45. STRENGTH CHARGE PAYMENT. It is hereby approved, adopted and established that the Strength Charge established by Section 262-43 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. -2- t 4 262. 46. ESTABLISHMENT OF TAX LIEN. As provided by Minnesota Statutes, Section 444 . 075, Subdivision 3 , it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 262-43 hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 262-45 hereof, shall be deemed to be a charge agianst the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certifica- tion shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. 262. 47 . SEVERABILITY. In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 262 . 48 EFFECTIVENESS. This ordinance shall become effective upon adoption and publication according to law. 262. 49 CITY CODE MODIFICATION. Upon this ordinance being duly adopted and becoming effective, the Hugo City Code shall be amended to include the provisions of this ordinance. Adopted and passed the Int_ day of , 1978 , by the City of Hugo, Minnesota. cjt t 41-1-e Mayor ATTEST: 8/Luo a-cu\ishaLtyLv City Clerk Published in the Forest Lake Times this Cl day of 1978. (3f.1.4-4 I —U — I' ORDINANCE NO.152 • AN ORDINANCE AMENDING STATE OF MINNESOTA CHAPTER 262, ENTITLED ►7 E TABL"SANITIS GWA TCLEEII COM-ER SYST " ARE COUNTY OF Washington SS • • PRISING AN ORDINANCE Duane A.Rasmussen,being duly sworn,on oath says he is and during all the times herein stated has been the publisher and • ESTABLISHING AN INDUSTRIAL printer of the newspaper known as the Forest Lake Times and has full knowledge of the facts herein stated as follows USER STRENGTH CHARGE IN AD- • DITION TO THE CHARGE BASED Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed UPON THE VOLUME OF DISCHARGE space to at least 900 squre inches.Said newspaper is a weekly and is distributed at least once each week.Said newspaper BY AN INDUSTRIAL USER AND has 50%of its news columns devoted to news of local interest to the community which it purports to serve and does not ' ESTABLISHING AN INDUSTRIAL wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements.Said news- USER STRENGTH CHARGE FOR- paper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to MULA •FOR THE COMPUTATION paying subscribers,has an average of at least 75%of its total circulation currently paid or no more than three months in THEREOF TO RECOVER arrears and has entry as second-class matter in its local post-office.Said newspaper purports to serve the City of Forest OPERATION AND MAINTENANCE Lake in the Countyof Washington and it has its known office of issue in the Cityof Forest Lake in said county,established COSTS •OF WASTE TREATMENT g SERVICES ATTRIBUTABLE TO THE and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and STRENGTH OF THE DISCHARGE OF maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dur- INDUSTRIAL .WASTE INTO THE ing all such regular business hours and at which said newspaper is printed. Said newspaper tiles a copy of each issue im- SEWER SYSTEM AND mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per- ESTABLISHING TAX LIEN AGAINST son,corporation,partnership or other unincorporated association requesting the newspaper and making the applicable ' PROPERTY SERVED IN CON- payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of NECTION WITH SUCH STRENGTH publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January I.1966 CHARGE. and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing of- ARTICLE III-USERSTRENGTH ficer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. BE IT ORDAINED by the City Council of the City of Hugo, County' of Washington,as follows: 262.42. RECITALS.The Metropolitan He further states on oath that the printed ..'t- . - 4 co hereto attached Waste Control Commission, a metropolitan commission organized and and wasprinted andpublished therein in the English existing under the laws of the State of as a part hereof was cut from the columns of said newspaper, g Minnesota (the "Commission"), in order to receive and retain grants in lanuage,once each week,for see successive weeks; that it was first so published on Thursday. compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the the 9 day of a''[AZ-3 19 7P, and was thereafter printed and published on every "Act"), has determined to-impose an industrial user sewer strength charge upon users the Metropolitan Disposal andincluding to iluding the la! y day of v 19 *law System (as defined in Minnesota Statutes;Section 473.121,subdivision 24) to recover operation and maintenance and that the following is a printed copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged costs of treatment works attributable to as being the size and kind of type used in the composition and publication of said notice,to wit the strength of the discharge of in- dustrial waste, such sewer strength 6-point News Type--abcdefghijklmnopgrstuvwxyz charge being in addition tod the charge 8-point News type--abcdef hi klmno rstuvwx z based upon the volume of discharge.In P yP g ) pq y order far the City to pay.such costs based upon llo at th of industrial discharge Q/�•62 and allocated to it each year by the lh' Commission, it is hereby found, determined and declared to be necessary to establish sewer strength Subscrib and orn to befor m this .. day of Is charges and a formula for the coin- r sr, putation thereof for all industrial users � \`) receiving waste treatment services , I ' , within or served by the City. Fur- ' 4 thermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the /'.'''''2::.':'^'--., C. KE'' CT RVI$ City to make such sewer'Charge a ' charge against the owner, lessee. oc- tary public, 4--,..-,-: , GJ ty,Min esota cupant or all of them and certify unpaid charges to the comty auditor as a tax (NOTORIAL SEAL) Commissiok iipires " '��"J' NLGnTI� lien against the property served. * , .=art,i,1i-7 14in, 262-43. ESTABLISHMENT STRENGTHOr- CHARGES. For the pur- ISI _pose of paying the costs allocated to the _City each year by the Commission that— 262.46. ESTABLISHMENT OF TAX are based upon the strength of discharge LIEN. As provided by Minnesota of all industrial users receiving waste Statutes,Section 444.075,Subdivision 3, treatment services within or served by it is hereby approved, adopted and the City, there is hereby approved, established that if payment of the adopted and established,in addition to Strength Charge established by Section the sewer charge based upon the volume 262-43 hereof is not paid before the of discharge,a sewer charge upon each sixtieth (60th) day next succeeding the person, company or corporation date of billing thereof to the industrial receiving waste treatment services user by or on behalf of the City, said within or served by the City,based upon delinquent sewer strength charge,plus strength of industrial waste discharged accrued interest established pursuant to Prin. • •• n • ters Af f lda v it into the sewer system of the City (the Section 262-45 hereof,shall be deemed to "Strength Charge"). be a charge against the owner, lessee 262.99. ESTABLISHMENT OF and occupant of the property served,and • STRENGTH CHARGE FORMULA.For the City or its agent shall certify such �1 the purpose of computation of the unpaid delinquent balance to the county ofPublication Strength Charge estabhshed by Section auditor with taxes against the property 262.43 hereof, there is hereby served for collection as other taxes are established, approved and adopted in collected;provided,however,that such compliance with the Act the following certification shall not preclude the City strength charge formula- or its agent from recovery of such A)Strength Charge Formula delinquent sewer strength charge and SCF=SR(Rss(SSSSo) + Rcod(COD- interest thereon' under any other (CODo) available remedy. County of Washington SSo CODo 262.47.SEVERABILITY.In the event where: any provision of this ordinance shall be SCF=Strength Charge Factor held invalid or unenforceable by anySTATE Of MINNESOTA SR=Strength Phase Ratio (Stren th costs to system costs for administrative court of competentjurisdiction, n and0&Moftreatmentworks) holding shall not invalidate or render Rss=Suspended Solids Cost Ratio unenforceable any other provision hereof. • Rcod=Chemical Oxygen Demand Cost 262.48. EFFECTIVENESS. This or- Ratio dinance shall become effective upon SS=Suspended Solids Concentration of adoption and publication according to Discharge(SSSSo) law. I• the MNN, •I COD=Chemical Oxygen Demand 262.49.CITY CODE MODIFICATION. Concentration of Discharge(COD3) Upon this ordinance being duly adopted CODo=Chemical Oxygen Demand and becoming effective,the Hugo City Concentration of Base Code shall be amended to include the B)Strength Charge provisions of this ordinance. SC=(SCF)(V)(TW) Adopted and passed the 19 day of June, where: 1978,by the City of Hugo,Minnesota. SC=Strength Charge /s/Marvin LaValle SCF=Strength Charge Factor Mayor V=Volume of Discharge ATTEST: TW=Treatment Works Unit Cost /s/Carol A.Williams as designated in Resolution No. 76-172 City Clerk adopted by the governing body of the Commission on June 15, 1976, such (Published in the Forest Lake Times on formula being based upon pollution June 29,1978( qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment ser- Mod vices provided by the Commission. FIthis . . . . . . . • . . . • day of 262.45. STRENGTH CHARGE PAYMENT. It is hereby approved, adopted and established that the Strength Charge established by Section 263-43 hereof shall be paid by each in- A.D. 19 dustrial user receiving waste treatment services and subject thereto before the twentieth(20th)day next succeeding the date of billing thereof to such user by or on behalf of the City,and-such payment • thereof shall be deemed to be delinquent if not so paid to the billing entity before • such date. Furthermore, it is hereby established,approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two- thirds of one percent(2/3%)per month on the unpaid balance due.