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(A) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system (“the system”). This subchapter is adopted in the further exercise of this authority and for the same purposes.
(B) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subchapter.
(C) (1) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system cost, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected volume of storm water runoff from the various parcels of land within the city during a standard rainfall event as defined in § 53.131 of this chapter.
(2) In addition, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected pollutant loading from the various parcels of land within the city.
(D) Assigning costs and making charges based upon expected typical storm water runoff volume and pollutant loading cannot be done with mathematical precision, but can only be accomplished within reasonable and practical limits. The provisions of this subchapter undertake to establish a reasonable and practical methodology for making these charges.
(2004 Code, § 53.122) (Ord. 01-289, passed 1-23-2001)
(A) Rates and charges.
(1) Residential equivalent factor. Rates and charges for the use and availability of the system shall be determined through the use of a residential equivalent factor (REF). An REF has been developed for the storm water runoff volume (volume REF), the storm water runoff pollutant loading (quality REF) and a composite that is used for the final utility fee calculation (utility REF).
(a) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
QUALITY REF. The ratio of the pollutant loading (measured as total suspended solids) coming from land subjected to a particular use, to the pollutant loading coming from land subject to typical single-family residential use with the city.
UTILITY REF. The ratio of the sum of the volume and quality portions of the total annual storm water drainage utility fee for a given land use classification (as computed using the volume REF and the quality REF for that land use classification), to the sum of the volume and quality portions of the total annual storm water drainage utility fee for the single-family residential land use classification (as computed using the volume REF and the quality REF for the single-family residential land use classification).
VOLUME REF. The ratio of the average volume of surface water runoff coming from one acre of land subjected to a particular use to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the city during a standard rainfall event.
(b) The utility REF for each of the land use classifications will be revised at that time in the future when there is a shift in the percentage of utility expenditures related to storm water runoff volume and storm water runoff quality treatment. The revision shall be determined by the Director of Public Works, who shall notify the City Council of the action.
(2) Storm water drainage charges.
(a) In determining charges the City Council shall by ordinance establish a basic system rate to be charged against one acre of land having a utility REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the utility REF for the parcel’s land use classification times the parcel’s acreage times the basic system rate. The volume, quality and utility REFs for the following land uses within the city and the billing classifications for those land uses are as follows.
Billing Classification | Land Use | Volume REF | Quality REF | Utility REF |
1 | Golf course, park, open space | 0.41 | 0.50 | 0.43 |
2 | Single-family and duplex residential | 1.00 | 1.00 | 1.00 |
3 | Public and private schools and institutional uses | 1.36 | 3.05 | 1.67 |
4 | Multiple-family residential and churches | 2.18 | 3.21 | 2.37 |
5 | Commercial and industrial | 3.79 | 6.10 | 4.22 |
(b) For the purposes of calculating storm water drainage charges, all developed single-family and duplex parcels less than one acre in size per unit shall be considered to have an acreage of one-third acre per unit. Double bungalows or duplexes shall be considered to be two units. Single-family parcels over one acre in size or duplex residential parcels over one acre per unit in size shall be billed at a higher rate. These rates shall be included in the ordinance approved by the City Council.
(3) Storm water utility rates. Storm water utility rates shall be established by an ordinance of the City Council as amended from time to time. Fee rates may be included as part of the fee schedule, as adopted by the City Council, included within the annual budget ordinance. Fees shall be structured to reasonably reflect the cost of constructing, maintaining and operating storm water drainage systems as outlined in M.S. § 444.075, as it may be amended from time to time.
(B) Other land uses. The Director of Public Works shall classify other land uses not listed in the foregoing table by assigning them to classes most nearly like the listed uses, from the standpoint of runoff volume for the standard rainfall event and the pollutant loading. An appeal from the Director of Public Works’ determination of the property classification may be made to the City Council.
(2004 Code, § 53.123) (Ord. 01-289, passed 1-23-2001)
The City Council may, by ordinance, adopt policies providing for the adjustment of charges or credits to charges for parcels or groups of parcels, based upon land use data supplied by affected property owners, which data demonstrates a runoff volume for the standard rainfall event or a pollutant loading substantially different from that being used for the parcel or parcels. The Director of Public Works shall make the adjustment or credit. An appeal from the Director of Public Works’ determination may be made in writing to the City Council. No adjustments shall be made retroactively.
(2004 Code, § 53.124) (Ord. 01-289, passed 1-23-2001)
The city shall hold a hearing prior to determining whether to build, construct, enlarge or improve storm sewer facilities financed in whole or in part by the imposition of storm sewer drainage charges. Notice of the hearing shall be published in the official city newspaper at least ten days prior to the date of hearing. Owners of all property adjoining a proposed improvement shall be mailed or served with a notice at least ten days in advance of the hearing. However, failure to give mailed notice or any defects in the notice shall not invalidate the proceedings.
(2004 Code, § 53.125) (Ord. 01-289, passed 1-23-2001)
(A) Delinquent bills; penalties. A bill shall be considered delinquent if not paid by the end of the day on the billing due date. At that time the city shall require the delinquent owner or occupant to pay a penalty in addition to the original bill. The penalty shall be assessed on the first business day subsequent to the billing due date, calculated at the greater of 5% of the original bill or $1. If delinquent bills are not paid they may be deemed delinquent and may be placed, together with penalties as provided by statute, on the next year’s tax roll and be collected as other taxes are collected. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
(B) Responsibility of owner. Payment of charges and penalties is the ultimate responsibility of the property owner. The city reserves the right to trace the delinquent bill or penalty to the new address of the delinquent occupant.
(C) Additional penalties. In addition to the above listed penalties, the city may impose any and all of the penalties outlined in § 1.18 of the City Policy Handbook if a storm water utility account is found to be delinquent.
(D) Assessment of delinquent accounts. Delinquent accounts may be certified by the City Council to the County Auditor for collection with the next years taxes as provided for by M.S. § 444.075, as it may be amended from time to time. Before making the certification, a delinquent account holder must be notified by first class mail of the delinquency and the date the holder may appear before the City Council to state any reason why the certification should not be made.
(2004 Code, § 53.128) (Ord. 01-289, passed 1-23-2001)
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