HomeMy WebLinkAbout0551 Ord (Establish Industrial User Strength Charge)ORDINANCE NO. 551
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 FOR THE CITY OF STILLWATER.
BE IT ORDAINED by the City Council of the City of Stillwater, County of
Washington, Minnesota, as follows:
Section 1. 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 person, company or corporation receiving waste treat-
ment 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 2. Establishment of Strength Charge Formula. For the purpose of
computation of the Strength Charge established by Section 1 hereof, there is
hereby established, approved and adopted in compliance with the Act the same
strength charge formula designated in Resolution No. 76-172adopted 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 qualities and quantities in excessof an
annual average base and the proportionate costs of operation and maintenance
of waste treatment services provided by the Commission.
Section 3. Strength Charge Payment. It is hereby approved, adopted
and established that the Strength Charge established by Section 1 hereof shall
be paid by each industrial user receiving waste treatment services and subject
thereto before the twenteith (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 (2/3%)
per month on the unpaid balance due.
Section 4. 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 1
hereof is not paid before the sixtieth (60th) day next succeeding the date of
billing thereof to theindustrial user by or on behalf of the City, said delin-
quent sewer strength charge, plus accrued interest established pursuant to
Section 3 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
servedfor 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.
Section 5. 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 6. EffectiJeness. This ordinance shall take effect immediately
upon publication according to law.
Passed by the City Council this 13th day of July, 1977
Published: July 18, 1977
Mayor
Attest: "',/7J ....-t44 .o? _. c-_
J Acting lty Clerk