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Home My WebLink About1358 - ADMIN Ordinance - City Council - 1977/01/03i i December 20, 1976 ORDINANCE NO. 1358 AN ORDINANCE RELATING TO INDUSTRIAL USER STRENGTH CHARGES; ESTABLISHING A TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE; AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY ADDING SECTIONS. The City Council of St. Louis Park Ordains', Section 1. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota ("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, Section 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 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 necessary to establish sewer strength charges and a formula for their computation for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make these sewer charges 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. Section 2. The St. Louis Park Ordinance Code is amended by adding sections to read: Section 9-234. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Metropolitan Waste Control 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 established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each 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"). Section 9-235. Establishment of Strength Chafe Formula. For the purpose of computation of the Strength Charge established by Section 9-235, there is established in compliance with federal law the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of the Metropolitan Waste Control Commission on June 15, 1976, this formula being based upon pollution qualities and difficulty r 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 Metropolitan Waste Control Commission. Section 9-236. Strength Charge Payment. The Strength Charge established by Section 9-236 shall be paid by each industrial user receiving waste treatment services before the 20th day next succeeding the date of billing of the user by or on behalf of the City, and the payment shall be deemed to be delinquent if not paid to the billing entity before that date. If payment is not made before that 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. Section 9-237. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.0757 Subdivision 3, if payment of the Strength Charge established by Section 9-237 is not paid before the 60th day next succeeding the date of billing to the industrial user by or on behalf of the City, the delinquent sewer strength charge, plus accrued interest established pursuant to Section 9-237,. shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify the unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided that certification shall not preclude the City or its agent from recovery of the delinquent sewer strength charge and interest under any other available remedy. Section 3. 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. Section 4. Effective Date. This ordinance shall take effect 15 days after publication. Attest: City C erk Reviewed Adopted by the City CouQci 1 dministration: Mayor 319n `r/4.c Approved as to form and legality: City Atto SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin r SS. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least -once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipahty which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretaiy of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance NO . 358 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks, that it was first so published on Wed the 12 day of January 1977 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me thi 12 day of MURIEL L. UIST NOTARY PUBLIC - IMIiNNESOTA HENNEPIN COUNTY My Comm Expires July 28. 1978 January , 1977 (Official Pubhcation) December 20, 1876 ORDINANCE NO 1358 AN ORDINANCE RELATING TO INDUSTRIAL USER STRENGTH CHARGES, ESTABLISHING A TAX LiEN AGAINST, PROPERTY SERVED INCONNECTION iWITH SUCH STRENGTH CHARGE, AMENDING TH,E,ST LOUIS PARK ORDINANCE CODE BY ADDING SECTIONS. The City Council of St Louis Park Ordains Section 1 Recitals The Metropoh- tan Waste Control Commission, a metropohtan commission organized -and existing under the laws of the State of Minnesota ("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 deter- mined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473 121, Subdivision 24) to recover operation and maintenance costs of treatment works attributa- ble to the 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 and allocated to it each year by the Commission, it is neces- sary to establish, sewer strength charges and a formula for their computation for all industrial users receivti)g waste treatments services within or served by the City Furth- ermore, ,Minnesota Statutes, Section 444 075, Subdivision 1, empoWers-the City to make these sewchar es a charge„Jagittitst the. owernef,xlasee, occupant or all of them and certify unpaid charges toithe county auditor as a tax lien against theaproperty served, Section 2 'The' St' Louts Park Or- dinance Code is amended by, adding sections to•,I'ead ." L . Section 9 234 Establishment of Strength Charges: 'For, the ,purpose of paying -the costs allocated to the City eact .yesr, by the Metropolitan Waste Control -Commission that 'are based upon the strength of discharge of all industrial users receiving waste treatment services withm or served by the City, there is estab- lished, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiv- mg waste treatment services within or served by the City, based upon strength of industrial waste dis- charged into the sewer system of the City (the "Strength Charge") Section 9 235 Establishment of Strength Charge Formula For the purpose of computation of the Strength Charge estabhshed by Sec- tion 9-235, there is established in compliance with federal law the same strength charge formula de- signated in Resolution No 76-172 (adopted by the governing -body of the Metropolitan Waste Control ,Commission on June 15, 1976, this formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an <eva�tation of pollution qualities and quantities in excess of an annual av- 'era(e base and 'the proportionate costs of operation and maintenance (of. waste treatment services pro- 'vided by the Metropolitan Waste Control Commission " Section 9-236 Strength Charge Payment. The Strength Charge es- tablished by Section, 9-236 shall be pald by each industrial user receiv- ing waste treatment services before the 20th day *next succeeding the date Of billing of the user by or on behalf of'tbgiCity, ardil the payment shall be deemed:to be -delinquent if not paid totem billing entity before that date Nif paym€nt'i§'riot made before,tttat date_g_ti...industrial user in shall pay".ereatcompounded monthly at the -rate of two-thirds of one percent (2/3%) per month on the unpaid balance due Section 9-237 Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444 075, Subdivision 3, if payment of the Strength Charge estabhshed by Section 9-237 is not paid before the 60th day next suc- ceeding the date of billing to the in- dustrial user by or on behalf of the City, the delinquent sewer strength charge, plus accrued interest estab- lished pursuant to Section 9-237, shall be deemed to be a charge agauist the owner, lessee and oc- cupant of the property served and the City or its agent shall certify the unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected, provided that certification shall not preclude the City or its agent from recovery of the delinquent sewer strength charge and interest under any other available remedy Section 3 Severabllity In the event any provision of this ordinance shall be held invalid or unenforce- able by any court of competent jurisdiction, such holding shall not invandate or render unenforceable any other provision hereof Section 4 Effective Date. This or- dinance shall take effect 15 days after publication Adopted by the City Council Jan 3, 1977 (s) CAMILLE File No Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of 0 # •