Ordinance No. 0629 02-07-1977�
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Should have been done by Resolution.
Can be taken out when recodified
Amending
SEC. 402.16
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ORDIfJANCE N0. 629
AN ORDINANCE ESTABLISFLING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO
THE CHARGE BASED UPON THE llOLUME OF DISCHARGE BY AN INDUSTRIAL USER ANQ
ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORP�IULA FOR THE COf4PUTATION
THEREOF TO RECOVER OPERATION AND F]P,INTENANCE COSTS OF WASTE TREATMENT
SERUICES ATTRIBUTABLE TO THE STRENGTH: OF THE DISCHARGE OF INDUSTRIAL bJASTE
INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN
CONNECTION WITH SUCH STRENGTH CHARGE
THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Metropolitan �faste Control Commission, a metropolitan
„ commission organized and existing under the laws of the State of
Minnesota (the "Cottmission"), in order to receive and retain grants
in compliance v�ith the Federal Water Pollution Control Act Wnendments
of 1972 and regulations therewider (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
co�,ts of treatment works attributable to the strength of tiie
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 here6y found, determined and declared to be necessary to
establish sewer str2ngth charges and a formula for the computation
thereof for all industrial users receiving waste treatment services
within or served by the City. Furthermore, P4innesota Statuies,
Section 444.075, Subdivision 3, empowers the City to make such
sewer charge a charge against the owner, lessee, occupant or all
of them and certi.fy 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 th2
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 (the "Strzngth
Charge")
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 produced through
an evaluation of pollution qual'rties and quantities in excess of an
annual average base and the proportionate costs of operation and
maintenance of vdaste treatment servi ces provi ded by the Corrmiissi on.
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 twentiAth (20th)
day next succeeding the date of billing thereof to such user by
or on behalf of tfie City, and such payment thereof shall be deemed
to be delinquent if not so paid to the billing entity before sucr�
date. Furthermore, it is hereby established, approved and adopced
that if such payment is not paid before such date an industrial
user shall pay interest compounded monthly at the rate of two-ti�irds
of one percent (2/3%) per month on the unpaid balance due.
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ORDINANCE N0. 629 (Con't)
SECTION 5. Establishment of Tax Lien. As provided by Minnesota Statutes,
Section 444.075, Subdivision 3, it is hereby approved, adop*ed
and established that if payment of the Strength Ciiarge
establish.ed by Section 2 hereof is not paid before the
sixtieth_ (6Qth) day next succeeding the date of billing
thereof to the industrial user by or on 6ehalf of tha City,
said delinquent sewer strength 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 sliall certify such
unpaid delinquent balance to the county auditor vaith taxes
against the property served for collection as other taxes are
collected; provided, however, tnat 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,
SECTIOIJ 6. Severability, In the event any provision of this ordinance
shall be held invalid or unenforceable 6y any court of
competent jurisdiction, such holding shall not invalidate or
render unenforcea6le any other provision hereof.
SECTION 7. Effectiveness. This ordinance shall take effect immediately.
PP.SSED AND ADOPTED BY THE CITY COUfdCIL OF THE CITY OF FRIDLEY THIS 7TH
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MAYOR - WILLIAM J. NEE
ATTEST:
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CITY CLERlC - P1ARVIPJ C. BRUNSELL
First Reading: �anuary 17, 1977
Second Reading: February 7, 1977
Publish.......: February 16, 1977
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