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Home My WebLink About0529 ORDINANCE N0. 529 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE. ESTABLISHING A SURFACE WATER MANAGEMENT UTILITY THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 7 of the Lakeville City Code is amended by adding Chapter 13 to read: Chapter 13 SURFACE WATER MANAGEMENT UTILITY. 7-13-1. SURFACE WATER MANAGEMENT UTILITY ESTABLISHMENT. Surface water management shall be operated as a public utility pursuant to Minnesota Statute § 444.075. 7-13-2. DEFINITIONS. The following words, terms, and phrases, when used in this chapter,. shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Surface water management budget is the annual budget approved by the City Council for surface water management including planning, monitoring, capital expenditures, maintenance, personnel, and equipment. Surface water management fee means the quarterly charge for each parcel of non-exempt property in the City for the management of surface water. Uti/ity factor means the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches, for aone-third-acre residential lot with 30% impervious surface, assuming a 2.3-inch 24 hour rainfall event and Soil Conservation Service (SCS) "type B" soil conditions. 7-13-3. SURFACE WATER MANAGEMENT FEES. A. The utility factors for various land uses are as follows: 13212 03/14/94 Classification Land Use Utility Factor 1 Single Family Residential 1.0 2 Agricultural with a homestead 1.0 3 Duplex .50 4 Manufactured Homes .25 5 Townhomes .25 6 Apartments .25 7 Commercial/Industrial 4.2 8 Church, School, Lnstitutions 4.2 9 Gol# Courses 4.2 10 Parking lots as a principal use 4.2 B. The surface water management fee for each tax parcel classified 1 and 2 is the single-family residential fee. The fee for classifications 3, 4, 5, and 6 is the single-family residential fee multiplied by the utility factor. The fee for classifications 7, 8, 9 and 10 is calculated as follows: fee for single-family residential multiplied by the utility factor multiplied by the acreage of the parcel For tax parcels classified 7, 8, 9 and 10 with less than 42% impervious surface the fee shall be adjusted by multiplying the fee by the percentage of impervious surface and then dividing by 42%. 7-13-4. CREDITS. The City Council may adopt policies for adjustment of the surface water management fees. Information to justify a fee adjustment must be supplied by the property owner. Adjustment of fees shall not be retroactive. 7-13-5. EXEMPTIONS. .The following land. uses are exempt from the surface water management fee: • Cemeteries • Gravel pits • Railroads • City. owned properties except municipal liquor stores • Undeveloped land • Agricultural without a home • Street and Highway Right-of-Way • Federal, County and State property 7-13-6. ACCOUNT RESPONSIBILITY OF PROPERTY OWNER. All accounts shall be the responsibility of the property owner. The owner shall be liable for the surface water management fee for his or her property, whether or not he or she is occupying the property and any charges unpaid shalt be a lien upon the property. 13212 03/14/94 2 7-13-7. PAYMENT OF FEES. The surface water management fee shalt be due and payable twenty-one. X21) days after billing by the City and shalt be delinquent thereafter. Interest, penalties and an administrative charge on delinquent accounts shall be .established by City Council resolution. Delinquent accounts may. be submitted for collection against the respective properties. The rol! shall be delivered to the City Council for certification to the County Auditor for collection along with taxes. Such action is discretionary and may be in lieu of or in addition to any other action to collect delinquent accounts. 7-13-8. APPEAL OF FEE. If a property owner or person responsible for paying the surface water management fee believes that a particular fee is incorrect, such person may file a written appeal with the City Clerk. 7-13-9. SURFACE WATER MANAGEMENT FUND. A separate fund shall be maintained for. surface water management fees and expenditures. SECTION 2. This ordinance shall be effective. immediately upon its passage and publication. ADOPTED this 1st day of August 1994, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane R. Zaun, a or TEST: Charlene Friedges, y Clerk 13212 03/14/94 3 CITY OF LAKEVILLE RESOLUTION Date August 1, 1994 Resolution. No. 94-159 Motion by Mulvihill Seconded by Johnson RESOLUTION ESTABLISHING SURFACE WATER MANAGEMENT FEE AND RELATED CHARGES WHEREAS, the City of Lakeville has adopted an ordinance establishing a Surface Water Management Utility Fee; .and WHEREAS, the ordinance provides the Surface Water Management Utility Fee .and related charges should be established by City Council Resolution. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City. Council: 1. The single family (residential equivalent utility factor) Surface Water Management Utility Fee shall be $3.75 per quarter. 2. The .interest, penalties and administrative charges for delinquent Surface Water Management Fees shall be the same as that charged for delinquent utility bills. APPROVED AND ADOPTED by the City Council of the City of Lakeville, Minnesota, this 1st day of August,. 1994 CITY O LAKEVILLE BY• D ane Zaun, or ATTE Charlene Fried} s, City Clerk P'UBLIC NOTICE ORDINANCE NO. 529 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE ESTABLISHING A SURFACE WATER MANAGEMENT UTILITY THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1, Title 7 of the Lakeville City Code is amended by adding Chapter 13 to read: Chapter 13 SURFACE WATER MANAGEMENT UTILITY 7-13-1. SURFACE WATER MANAGEMENT UTILITY ESTABLISHMENT. Surface water management shall be operated as a public utility pursuant to Minnesota Statute §444.075. 7-13-2. DEFINITIONS. The following words, terms, and phrases, when used in this chapter, shall have the meaning as- cribed to them in this section, except where the context clearly indicates a different meaning: Surface water management budget is the annual budget approved by the City Council for surface water management including planning, monitoring, capital expenditures, maintenance, personnel, and equipment. Surface water management fee means the quarterly charge for each parcel of non-exempt property and any chaiges unpaid shall be a lien- upon the property. 7-13-7. PAYMENT OF FEES. The surface water management fee shall be due and payable twenty-one (21) days after billing by the City and shall be delinquent thereafter. Inter - est, penalties and an administrative charge on delinquent accounts shall be established by City ' Council resolution. Delinquent accounts may be • submitted for collection against the respective prop- ' erties. The roll shall be delivered to the City Coun- cil for certification to the County Auditor for collec- tion along with taxes. Such action is discretionary and may be lieu of or in addition to any other action to collect delinquent accounts. 7-13-8. APPEAL OF FEE. r If a property owner or person responsible for paying the surface water management fee believes s that a particular fee is incorrect, such person may file a written appeal with the City Clerk. 7-13-9. SURFACE WATER MANAGEMENT FUND. A separate fund shall be maintained for surface water management fees and expenditures. i 0 s Rection 2 This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 1st day of August, 1994, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: (s) Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in Lakeville Life & Times on Aug. 8, 1994) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $11.00 per column inch. (2) Maximum rate allowed by law for the above matter: $11.00 per' column inch. (3) Rate actually charged for the above matter: $6.20 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 529 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 8th day of August , 1994; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 8th day of August , 1994. Notary Public BARBARA J. GROSBEAG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY cYp ra,' , �,