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Home My WebLink About0105 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE N0. 105 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 BE IT ORDAINED by the City Council of the City of Lakeville, County of Dakota, Minnesota, as follows: Section 1. 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 compli- once with the Federal Water Pollution Control Act Amendments of 1972 and regu- lotions thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as de- fined in Minnesota Statutes, Section 473.121, subdivision 24) to recover operation and maintenance casts 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 gear 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 treatment ser- vices within or served by the City. Furthermore, Minnesota Statutes, Sec- tion 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. Section 2. 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 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 of Lakeville (the "Strength Charge"). -1- 1 Section 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 2 hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula 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 pro- duced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and main- tenance of waste treatment services provided by the Commission. Section 4. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 2 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 (2/3z) per month on the unpaid balance due. Section 5. 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 2 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 sewerc`atrength charge, plus accrued interest established pursuant to Section 4 hereof, 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 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 certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. -2- Section 6. 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 7. Effectiveness. This ordinance shall become effective from and after Lhe-date of its: publication. according to Saw.=_ ADOPTED this 7th daq of February, 1977. CITY >OF ~L~A~R,E~VI~LLE~////1 /p SY~ ~_c~J wtiCX ~~'~-U Edward J. Mako, por ATTEST: Patrick E. McGarvey, Clerk 1 Legal Notice CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 105 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 IN- DUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES ATTRIBUT- ABLE TO THE STRENGTH OF THE DIS- CHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEM AND ESTABLISH- ING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE BE IT ORDAINED by the City Council of the City of Lakeville, County of Dakota, Minnesota, as follows: Section 1. 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, Section 473.121; subdivision 24) upon each company or -corporation recety- ing waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City of Lakeville (the "Strength Charge"). Section 3. Establishment of Strength Charge Formula. For the purpose of com- putation of the Strength Charge estab- lished by Section 2 hereof, there is hereby established, approved and adopted in com- pliance with the Act the same strength charge formula designated in Rsolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such (Affidavit of Publication) Box K Lakeville, Mn. 55044 4 2 LI t 4 Section 7. Effectiveness. This ordinance shall become effective from and after the date of its publication according to law. ADOPTED this 7th day of February, 1977. city of lakeville By: EDWARD J. MAKO, Mayor ATTEST: PATRICK E. McGARVEY, Clerk oath says he is and during all times Tinter of the newspaper known as THE e of the facts herein stated as follows: sh language in newspaper format and ted space to at least 900 square inches. distributed at least once each week. olumn devoted to news of local interest •ve and does not wholly duplicate any ely of patents, plate matter and adver- in and near the municipality which it opies regularly delivered to paying of its total circulation currently paid or d has entry as second class -matter in irports to serve the Village of Lakeville office of issue in the City of Lakeville in s regular business hours for the gather - 2 -16-77 Ile of subscriptions and maintained by _..,..�. ur persons in his employ and subject to hs direction and control dur- ing all 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 has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) 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 Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. / He further states on oath that the printed 0 rr./ , r a racy A 0 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 eachweek o n successive weeks that was first so Lt./ cL published on T-1 sday the /G 1-4 day of /rehredrt' ° y 19� day of /19_ and that was thereafter printed and published on every Thursday to and in- cluding the day of 19_and that the following is a printed copy of the lower case alphabet fromA 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: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this -u� lit 7 / day of �"�h'Y"*r`J ,19 TARY Public, Dakota County, Mn. ommission expires