1985-05ORDINANCE NO. 1?~5-5
AN ORDINANCE RELATING TO THE STORM SEWER SYSTEM
OF THE CITY AND TO THE ESTABLISHT~IENT OF RATES AND
CHARGES FOR THE USE AND AVAILABILITY OF THE SYSTEM
CITY OF RICHFIELD DOES ORDAIN:
The Ordinance Code of the City of Richfield is amended by
adding a new Part VI to Chapter VIII thereof, providing as
follows:
"PART VI. STORP~1 SEWER SYSTEM.
SECTION 8.40. STORb1 SEWER SYSTEM RATES, CHARGES AND
OPERATIONS.
Subdivision 1. Statutory Authority. i~2innesota Statutes,
Section 444.075, authorizes cities to impose just and reasonable
charges for the use and availability of storm sewer facilities
("charges"). By this ordinance, the city elects to exercise
such authority..
Subd. 2. Findings and Determinations. In providing
for such charges, the following findings and determinations
are made:
(1) In the exercise of its governmental authority and
in order to promote the public health, safety, convenience
and general welfare, the city has constructed, operated and
maintained a storm sewer system ("the system"). This ordinance
is adopted in the further exercise of such authority and for
the same purposes.
(2) The system, as constructed, heretofore has been
financed and paid for through the imposition of special
assessments and ad valorem taxes. Such financing methods
were appropriate to the circumstances at the time they were
used. It is now necessary and desirable to provide an
alternative method of recovering scme or all of the future
costs of improving, maintaining and operating the system
through the imposition of charges as provided in this section.
(3) In imposing charges, it is necessary to establish
a methodology that undertakes to make them just and equitable.
Taking into account the status of completion of the system,
past methods of recovering system costs, the topography of
the city and other relevant factors, it is determined that
it would be just and equitable to assign responsibility for
some or all of the future costs of operating, maintaining
and improving the system on the basis of the expected storm
water runoff from the various parcels of land within the
city during a standard one-year rainfall event.
(4) Assigning costs and making charges based upon
expected typical, storm water runoff cannot be done with
mathematical precision but can only be accomplished within
reasonable and practical limits. The provisions of this
ordinance undertake to establish a reasonable and practical
methodology for making such charges.
Subd. 3. Use of Residential Equivalent Factor. Rates
and charges for the use and availability of the system shall
be determined through the use of a "Residential=Equivalent
Factor" {"REF"). For the purposes of this section, one (1)
REF is defined as the ratio of the average volume of surface
water runoff coming from one acre of land and subjected to a
particular use, to the average volume of runoff coming from
one acre of land subjected to typical single-family residen-
tial use within the city during a standard one-year rainfall
event.
Subd. 4. Determination of REF's for Land Uses. The
REF's for the following land uses within the city and the
billing classifications for such land uses are as follows:
LAND USES REF CLASSIFICATION
Cemeteries .25 1
Parks and Railroads .75 2
Two-family residential 1.00 3
Single-family residential 1.00 4
Public and private schools and
institutional uses 1.25 5
Multiple-family residential uses
and churches 3.00 6
Commercial, industrial and
warehouse uses 5.00 7
Other land uses not listed in the foregoing table shall be
classified by the city manager by assigning them to the
classes most nearly like the listed uses, from the standpoint
-2-
of probable hydrologic response. Appeals from the city
manager's determination of the proper classifications may be
made to the city council in the same manner as other appeals
from administrative determinations under this code.
Subd. 5. Establishing Basic Rate. In determining
charges, the council shall, from time to time, by resolution,
establish a basic system rate to be charged against one acre
of land having an REF of one. The charge to be made against
each parcel of land shall then be determined by multiplying
the REF for the parcel's land use classfication times the
parcel's acreage times the basic system rate.
Subd. 6. Standardized Acreage. For the purpose of
simplifying and equalizing charges against property used for
single-family and two-family residential purposes, each of
such properties shall be considered to have an acreage of
one-fifth acre .
Subd. 7. Adjustments of Charges. The city council
may by resolution, from time to time, adopt policies pro-
viding for the adjustment o~ charges for parcels or groups
of parcels, based upon hydrologic data supplied by affected
property owners, demonstrating an actual hydrologic response
substantially different from the REF being used for the par-
cel or parcels. Such adjustment shall be made only after
receiving the recommendation of the city manager and shall
not be made effective retroactively. If the adjustment
would have the effect of changing the REF for all or substan-
tially all of the land uses in a particular classification,
however, such adjustment shall be accomplished by amending
the REF table in subdivision 4 of this section.
Subd. 8. Excluded Lands. No charge for system
availability or service shall be made against land which is
either (a) public street right-of-way or (b) vacant and
unimproved with substantially all of its surface having
vegetation as ground cover.
Subd. 9. Supplying Information. The owner, occupant
or person in charge of any premises shall supply the city
with such information as the city may reasonably request
related to the use, development and area of the premises,
Willful failure to provide such information or to falsify it
will violate this section.
Subd. 10. Estimated Charges. If the owner, occupant
or person in charge of any premises fails or refuses to
provide the information requested, as provided in the fore-
going subdivision 9, the charge for such premises shall be
estimated and billed in accordance with such estimate, based
upon information then available to the city.
-3-
Subd. il. Billings and Collections. Bills for charges
for the~use and availability of the system shall be rendered
by the finance department in accordance with usual and
customary practice in rendering of water and sanitary sewer
service bills. Bills shall be rendered quarterly, shall be
payable at the office of the city finance department and may
be rendered in conjunction with billings for water or sanitary
sewer service, or both.
Subd. 12. Penalties and Remedies for Delinquency or
Default in Paying Billings. Penalties and remedies for late
payment or non-payment of billings shall be the same as
those applicable to billings rendered for water and sanitary
sewer service.
Subd. 13. Use of Revenues. Revenues received from
charges shall be placed in a separate storm sewer system
account and shall be used first to pay the normal, reasonable
and current costs of operating and maintaining the system.
Revenues from time to time received in excess of such costs
may be used to finance improvements to and betterments
of the system.
Subd. 14. System Responsibility. The construction,
operation and maintenance of the system is the responsibility
of the community services department."
Passed by the City Council of the City of Richfield, Minnesota,
this 8th day of April 1985.
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John Wa~~i~l ton Gi tv ~tavor
ATTEST:
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Thomas P, Ferber ('itv Clerk
-4-
Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
David Osypczuk
being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
are stated below.
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Ordinance No.1985-5
which is attached was cut from the columns of said newspaper; and was printed and published once each
week, for one successive weeks; it was first pubUshed on Wednesday the 1 ~ day
of A p r i 1 , 1988 5 ,and was thereafter printed and published on every to
and including ,the day of , 19-; 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
BY:
T
Subscribed and sworn ~ to before me on this
day of April , 19 85
~~ _'J L',:'f ..".:3i!C - Jvllblt~!ESQ7~
.. .. ~i,~Ui~fiY
notice:
i <
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
erations Man~d~r
$ 2.60 per line
(Line, word, or inch rate)
$ 33.2 per line
(Line, word, or inch rate)
$ 24.86 per line/6.2¢ x-como.
(Line, word, or inch rate)
(Official Publication)
ORDINANCE N0. 1985-5
AN ORDINANCE RELATING TO THE STORM SE WER SYSTEM OF THE
CITY AND TO THE ESTABLISHMENT OF RATES AND CHARGES FOR
~- THE USE AND AVAILABILITY OF THE SYSTEM
CITY OF RICHFIELD DOES ORDAIN:
The Ordinance Code of the City of Richfield is amended by adding a new
Part VI to Chapter VIII thereof, providing as follows:
"PART VI. STORM SEWER SYSTEM.
SECTION 8.40. STORM SEWER SYSTEM RATES, CHARGES AND
OPERATIONS.
Subdivision 1. Statutory Authority. Minnesota Statutes, Section 444A75,
authorizes cities to impose just and reasonable charges for the use and
availability of storm sewer facilities ("charges") . By this ordinance, the city
elects to exercise such authority.
Subd. 2, Findings and Determinations. In providing for such charges, the
following findings and determinations are made:
(1) In the exercise of its governmental authority and in orderto promote
the public health, safety, convenience and general welfare, the city has
constructed, operated and maintained a storm sewer system ("the system") .
This ordinance is adopted in the further exercise of such authority and for the
same. purposes.
(2) The system, as constructed, heretofore has been financed and paid for
through the imposition of special assessments and ad valorem taxes. Such
financing methods were appropriate to the circumstances at the time they
were used. I[ is now necessary and desirable to provide an alternative method
of recovering some or all of the future costs of improving, maintaining and
operating the system through the imposition of charges as provided in this.
section.
(3) In imposing charges, it is necessary to establish a methodology that
undertakes to make them just and equitable. Taking into accountthe status of
completion of the system, past methods of recovering system costs, the
topography of the city and other relevant [actors, it is determined that it
would be lust and equitable to assign responaibility for some or all of the
future costs of operating, maintaining and improving the system on the basis
of the expected storm water runoff from the various parcels o[ land within the
city during a standard one-year rainfall event.
(4) Assigning costs and making charges based upon expected typical storm
water runoff cannot be done with mathematical precision but can only be
accomplished within reasonable and practical limits. The provisions of this
ordinance undertake to establish a reasonable and practical methodology for
making such charges.
Subd. 3. Use o[ Residential Equivalent Factor. Rates and charges for the
use and .availability of the system shall be determined through the use of a
"Residential Equivalent Factor" ("REF"). For the purpose of this section,
one (1) REF is defined as the ratio oLlhe average volume of surface water
runoff coming from one acre of land and subjected to a particular use, to the
average volume of runoff cominS from one acre of land subjected to typical
single-family residential use within the city during a standard one-year
rainfall event.
Subd. 4. Determination of REF's for Land Uses. The REF's for the
fallowing land uses within the city and thebilling classifications for such land
uses areas follows:
LAND USES REF CLASSIFICATION
Cemeteries .25 1
Parks and Railroads .75 2
Two-family residential 1.00 3
Single-family residential 1.00. 4
Public and private schools and
institutioal uses 1.25 5
Multiple-family residential
uses and churches 3.00 6
Commercial, industrial and
warehouse uses 5.00 7
Other land uses not listed in the foregoing table shalt be classified by the city
manager by assigning them to the classes most nearly like the listed uses,
from the standpoint of probable hydrologic response. Appeals from the city
manager's determination of the proper classifications may be made to the
city council in the same manner as other appeals from administrative
determinations under this code. .
Subd. 5. Establishing Basic Rate. In determining charges, the council shall,
from time to time, by resolution, establish a basic system rate to be charged
against one acre of land having an REF of one. The charge to be made against
each parcel of land shall then be determined by multiplying the REF for the
parcel's land use classification times the parcel's acreage times the basic
system rate.
Subd. 8. 'Standardized Acreage. For the purpose of simplying and equal-
izing chargea against property used for single-famjly and two-family
residential purposes, each of such properties shall be considered to have an
acreage of one-fifth acre.
Subd. 7: Adjustments of Charges. The city. council may by resolution, from
time to time, adopt policies providing for the adjustment of charges for
parcels or groups of parcels, based upon hydrologic data supplied by affected
property owners, demonstrating an actual hydrologic response substantially
different from the REF being used for the parcel or parcels. Such adjustment
shall be madesooly after receiving the recommendation of the City manager
and shall not lSe made effective retroactively. If the adjustment would have
the effect of changing the REF for all or substantially all of the land uses in a
particular classification, however, such adjustment shall be accomplished by
amending the REF table in subdivision 4 of this section.
Subd. e. Excluded Lands. No charge for system availabilityy or service shall
be made against land which is either (a) public street right-of-way or (b)
vacant and unimproved with substantially all of its surface having vegetation
as ground cover.
Subd. 9. Supplying Information. The owner, occupant or person in charge of
any premises shall supply the city with such information as the city may
reasonably request related to the use, development and area of the premises.
Willful failure to provide such information or to falsify it will violate this
section.
Subd. 10. Estimated Charges. If the owner, occupant or person in charge of
any premises fails or refuses to provide the information requested, as
provided in the foregoing subdivision 9, the charge for such premises shall be
estimated and billed in accordance with such estimate, based upon informa-
tion then available to the city.
Subd. 11. Billings and Collections. Bills for charges for the use and
availability of the system shall be rendered by the finance department in
accordance with usual and customary practice m rendering of water and
sanitary sewer service bills. Bills shall be rendered quarterly, shall be
payable at the office pf the city finance department and may be rendered in
conjunction with bil]itigs for water or sanitary sewer services, or bath.
Subd. 12. Penalties and Remedies for Delinquency or Default in Paying
Billings. Penalties and remedies for late payment or non-payment of billings
shall be the same as those applicable to billings rendered for water and
sanitary sewer Service.
Subd. 13. Use of Revenues. Revenues received from charges shall be placed
in a seporate storm sewer system account and shalt be used first to pay the
normal, reasonable and current costs of operating and maintaining the
system. Revenues from time to time received in excess of such costs may be
used to finance improvements to and betterments of the system.
Subd. 14. System Responsibility. The construction, operation and main-
tenance of the systerrF ~s the responsibility of the community services
department."
Passed by the City Councl of the City of Richfield, Minnesota, this 8th day of
April, 1985.
JOHN HAMILTON
Attest: City Mayor
THOMAS P. FERBER
(Aptil`~17,Y19~5).~IGH °, ~ .. ~'l'di