A. Definitions: For the purpose of this section, the following words, terms and abbreviations shall have the meanings set out in this subsection, unless the context specifically indicates otherwise:
CITY: The city of Albertville, Wright County, Minnesota.
CITY SANITARY SEWER SYSTEM: Any part of the network of sanitary sewer connections and pipes, including lift stations and the sanitary sewer treatment plant located within the city, or any lines outside of the city but which connect to and are serviced by the Albertville sanitary sewer treatment plant.
DWELLING UNIT: That portion of a residential building intended to be occupied by only one family.
MULTIPLE DWELLING: A residential building intended for occupancy by more than one family.
OWNER: An individual or entity holding legal title to property within the city.
PUBLIC MUNICIPAL WATER SUPPLY: A water distribution system owned or operated by the city or owned or operated by a joint powers organization to which the city belongs.
SINGLE DWELLING: A residential building intended for occupancy by one family. (Ord. 1996-5, 3-4-1996)
B. Access Charge For Sewer Availability (SAC Charge): The city council shall have the power to set the amount required to be paid by an owner for connection to the city sanitary sewer system ("SAC charge"). The city council shall have the power to set different charges for residential and nonresidential connections, and shall have the power to change the bases on which such charges are calculated. Such charges may be changed by the city council from time to time. The SAC charges and bases for calculation shall be as follows:
1. Residential Connections: Residential single and multiple dwellings shall be charged one SAC charge per dwelling unit as established in section 3-1-3 of this code.
2. Nonresidential Connections:
a. The SAC charge for nonresidential connections shall be charged for every SAC unit. Nonresidential SAC units shall be calculated using the metropolitan council's "Sewer Availability Charge Procedure Manual", latest edition. SAC charges are established in section 3-1-3 of this code. (Ord. 2017-01, 1-3-2017)
b. Nonresidential connections shall pay an SAC charge for each connection based upon the estimated average daily water usage as determined by the "Service Availability Charge Procedure Manual" of the metropolitan council, latest edition, as may be amended from time to time, and as modified by the city. SAC charges for nonresidential connections shall be estimated by the city engineer at the time of the building permit application and may be adjusted once actual building use is determined. In the event the city engineer determines that the intended usage associated with the connection is not adequately provided for in the "Service Availability Charge Procedure Manual", the city engineer may use other reasonable procedures for estimating average daily water usage for purposes of determining the SAC units applicable to such connection. Additional SAC charges shall be applicable when a change of use occurs, or a building permit is issued for the remodeling of an existing structure or an addition to a structure where such change of use, remodel or addition increases the estimated average daily water usage upon which the previous SAC charge was based. (Ord. 1996-5, 3-4-1996; amd. 2005 Code; Ord. 2017-01, 1-3-2017)
C. Access Charge For Water Availability (WAC Charge): The city council shall have the power to set the amount required to be paid by an owner for connection to the public municipal water supply ("WAC charge"), shall have the power to set different charges for residential and commercial connections, and shall have the power to change the bases on which such charges are calculated. Such charges may be changed by the city council from time to time. The WAC charges and bases for calculation shall be as follows:
1. Residential Connections: Residential single and multiple dwellings shall pay a WAC charge as established in section 3-1-3 of this code for every dwelling unit which shall be credited to the city's WAC fund, and a fee set annually by the joint powers water board, which shall be forwarded to the joint powers water board.
2. Nonresidential Connections:
a. The WAC fee for nonresidential connections shall be charged for each WAC unit. Nonresidential WAC units shall be calculated using the metropolitan council's "Sewer Availability Charge Procedure Manual", latest edition. The WAC charge is established in section 3-1-3 of this code which shall be credited to the city's WAC fund and a fee set annually by the joint powers water board, which shall be forwarded to the joint powers water board. (Ord. 2017-05, 6-19-2017)
b. Nonresidential connections shall pay a WAC charge for each connection based upon the estimated average daily water usage as determined by the "Service Availability Charge Procedure Manual" of the metropolitan council, latest edition, as may be amended from time to time, and as modified by the city. WAC charges for nonresidential connections shall be estimated by the city engineer at the time of the building permit application and may be adjusted once actual building use is determined. In the event the city engineer determines that the intended usage associated with the connection is not adequately provided for in the "Service Availability Charge Procedure Manual", the city engineer may use other reasonable procedures for estimating average daily water usage for purposes of determining the WAC units applicable to such connection. Additional WAC charges shall be applicable when a change of use occurs, or a building permit is issued for the remodeling of an existing structure, or an addition to a structure where such change of use, remodel or addition increases the estimated average daily water usage upon which the previous WAC charge was based. (Ord. 2007-16, 11-19-2007, eff. 1-1-2008; amd. Ord. 2017-01, 1-3-2017)
D. Time And Method Of Payment: All SAC and WAC charges shall be paid when a building permit application is submitted to the city. No building permits will be issued prior to payment of SAC and WAC charges. Payment shall be in cash or by check acceptable to the city administrator.
E. Unpaid Charges: With respect to any owner who connects to the city sanitary sewer system or public municipal water supply without paying either an SAC or WAC charge, such unpaid charges shall be certified by the city council under applicable state statutes to the county auditor with taxes against the property so connected for collection as other taxes are collected.
F. Use Of Charges:
1. SAC Charges: All SAC charges shall be credited to the "204" SAC fund. Such funds may, as determined by council resolution, be used to offset costs incurred in the expansion of the city's sewer treatment plant, installation or maintenance of existing or future sewer lines and lift stations, purchase of necessary equipment or facilities or any debt service incurred in the past or to be incurred in the future to finance the above described sewer expansion, installation of sewer lines and lift stations, purchase of necessary equipment or facilities or any combination of the above. Nothing in this subsection shall act to revoke the prior pledge of such charges to debt service funds issued to fund sewer improvements. (Ord. 1996-5, 3-4-1996; amd. 2005 Code)
2. WAC Charges: WAC charges shall be credited to the bond debt service funds to which they have been pledged. Upon retirement of said bonds, WAC charges may be used for water improvement or maintenance purposes as the city council, by resolution, deems necessary.
G. Provisions Not Limiting: This section in no way precludes the city council from adopting additional ordinances imposing connection charges in lieu of assessments, or other such ordinances relating to connection or service charges with regard to the city sanitary sewer system or public municipal water supply system, nor does this section preclude the city from assessing to property owners the costs related to the installation of water and sewer lines, trunk mains and other sewer and water related facilities installed by the city or a joint powers entity. (Ord. 1996-5, 3-4-1996)