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The sewer service charge system and Sewer Service Fund shall be administered according to the following provisions.
(A) The City Clerk-Treasurer shall maintain a proper system of accounts suitable for determining the operation and maintenance and capital-related costs of the treatment works and shall furnish the City Council with a report of such costs annually in October.
(B) (1) The City Council shall annually determine whether or not sufficient revenue is being generated for the effective operation, maintenance, and management of the treatment works, and whether sufficient revenue is being generated for capital-related purposes.
(2) The Council will also determine whether the user charges are distributed proportionately to each user in accordance herewith and in accordance with § 204(b)(2)(A) of the Clean Water Act.
(3) The city shall thereafter, but not later than the end of the year, reassess and, as necessary, revise the sewer service charge system then in use to ensure the proportionality of the user charges and to ensure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed, and to accommodate the capital needs of the system.
(C) In accordance with federal and state requirements, each user will be notified annually, in conjunction with a regular billing, of that portion of the sewer service charge attributable to operation, maintenance, and replacement.
(D) In accordance with federal and state requirements, the City Clerk-Treasurer shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.
(E)
Bills for sewer service charges shall be rendered on a monthly basis succeeding the period for which the service was rendered and shall be due 30 days from the date of rendering. Any payment not received by the due date shall result in a penalty of a late payment charge. The penalty shall be computed as 10% of the original bill and shall be increased the same 10% for every month the bill is outstanding.
(F) The owner of the premises shall be liable to pay for the service to such premises, and the service is furnished to the premises by the city only upon the condition that the owner of the premises is liable to the city.
(G) Any additional costs caused by discharges to the treatment works of toxics or other incompatible wastes, including the cost of restoring wastewater treatment services, cleanup and restoration of the receiving waters and environs, and sludge disposal, shall be borne by the dischargers of the wastes, at no expense to the city.
(H) Lien for nonpayment. As authorized by state law, the city may certify to the County Auditor between October 1 and 15 of each year any charges that are delinquent, which includes all such charges that are more than 30 days past due on or before September 30 of that year, which certification shall include the amount of such charges, the description of the premises serviced, and the name and address of the owner. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same matter as other taxes, and collected by the County Treasurer and paid to the city along with other taxes. If the property is occupied by any person who is not the owner, the owner is nonetheless obligated for all service collection charges incurred.
(Prior Code, § 3.21) (Ord. 2019-06, passed 11-25-2019; Ord. 2024-05, passed 5-13-2024)
The sewer service charge system shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of § 204(b)(1)(A) of the Act and 40 C.F.R. § 35.2140 of the Environmental Protection Agency’s grant regulations.
(Prior Code, § 3.22)
STORM SEWER DRAINAGE UTILITY
(A) A Storm Sewer District is established within the city pursuant to M.S. § 444.17, as it may be amended from time to time, which shall be entitled the Crosby Storm Sewer District.
(B) The purpose of the District is to enable the city to plan, prepare for, and establish storm sewers throughout the city and to provide a method of financing construction of the storm sewers installed pursuant to M.S. § 444.20, as it may be amended from time to time.
(C) The entire incorporated boundaries of the city shall be the boundaries of the District.
(D) The governing body of the District shall consist of the Mayor and Council members of the city.
(E) The District shall be empowered to levy taxes pursuant to M.S. § 444.20, as it may be amended from time to time, and/or to make assessments pursuant to M.S. Ch. 429, as it may be amended from time to time.
(F) The City Council shall be required to approve all expenditures and construction by at least a four-fifths vote of the Council.
(Prior Code, § 3.23)
A storm sewer drainage utility for the city is established. The municipal storm sewer system shall be operated as a public utility pursuant to M.S. § 444.075, as it may be amended from time to time, from which revenues will be derived subject to the provisions of this chapter and state law. The storm water drainage utility shall be part of the Public Works Department and subject to the administration of the City Council, under the management and direction of the working foreman. Just and reasonable charges for use and availability of storm sewer drainage facilities shall be calculated and determined pursuant to the terms contained in this chapter based on expected and typical storm water runoff as may be calculated within reasonable and practical limits with due regard to just and equitable charges as provided for in this chapter.
(Prior Code, § 3.24)
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