1977-02Bill 1977-2
AMENDMENT TO CHAPTER VIII,
PART II, OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter VIII, Part TI, of the Ordinance Code of the City of Richfield
relating to rates and charges for sanitary sewer service is hereby amended by
adding at the end thereof, the following additional section:
"Section 8.12 b. Industrial User Extra Strength Charges.
Subdivision 1. Recii~2ls. 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, to recover operation and maintenance
costs of treatment_works attributable to the strength of the discharge of in-
dustrial waste, suc_h_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
u op n strength of industrial discharge and allocated to it each year by_the Com-
missi_o_n, it is hereby _f_ound, determined and declared to be necessary to establish
sewer strength charges and a formula for the computation thereof for all indus-
trial users receiving waste treatment services within or served by the City.
Furthermore, Minnesota Statutes Section 444.075, Subdivision 3, empowers trLe
City to make such sewer charge a charge against the owners lessee, occupant or
all of them and certify unpaid charges to the county auditor as a tax lien
against the property served.
Subd. 2. Establishment of Strength Charges. For the purpose of
paying the costs allocated to the City each wear by the COlYllT11SS1on that are
based upon the strength of discharge of all industrial users receivin waste
treatment services within or served by the Cit~i there is hereby approved,
adopted and established, in addition to the sewer char e based upon the volume
of discharge, a sewer charge upon each company or corporation receiving waste
treatment services _with_in or served by the City, based upon strength of Indus=
trial waste discharged into the sewer system of the City (the 'Strength Charge').
Subd. 3. Establishment of Strength Char_g e Formula. For the purpose
of computation of the Strength Charge established by Subd. 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, which resolution is hereby
adopted by specific reference, such formula being based upon pollution
~,ualities and difficulty of disposal of the sewage.produced through an evalu-
ation of pollution qualities and quantities in excess of an annual average base
and the nronortionate costs of operation and maintenance of waste treatment
services provided by the Commission.
Subd. 4. Strength Charge Payment. It is hereby approved, adopted
and established that the Strength Chard e established by Subd. 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 Cites and such payment thereof
shall be deemed to be delingLuent 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 maid before such date an industrial user shall pay interest
compounded monthly at the rate of two-thirds of one ~ ercent (2/3%) per month on
the unpaid balance due.
Subd. 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 Subd. 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 sewer strength
charge, plus accrued interest established pursuant to Subd. 4 hereof, shall be
deemed to be a charge against the owners lessee and occupant of the property
served, and the Cit~or its went 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 z 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.
Subd. 6. Severability. In the event any provision of this Section
8.12b shall be held invalid or unenforceable by any court of competent juris-
diction, such holding shall not invalidate or render unenforceable any other
provision hereof."
Passed by the City Council of the City of Richfield this 14th day of
February, 1977.
ATTEST:
Thomas J. Moran City Clerk
~.
/JO ! _-v
sUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD sUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
SS.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Richfield Sun and
leas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second-class
matter in its local post-office. (5) Said newspaper purports to serve the City of Richfield
in the County of Hennepin and it has its known office of issue in the City of Bloomington in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during 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 is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) 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 the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
Amendme.n.t to Cha ter Viii
He further states on oath that the printed p
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 each week, for One successive weeks;
that it was first so published on Wed the~day of February 19-~[
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A 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:
abcdefghijklmnopgrstuvwx yz
Subscribed and sworn to before me this 23 day of February 19~~
•~nMA vvv....-
', !_. QU T
'-MINNESOTA
'OUNTY
28, 1978
~nrvwws
(Official Publication)
AMENDMENT TO CHAPTER VIII,
PART II, OF THE ORDINANCE.
CODE OF THE CITY OF RICH-
FIELD
CITY OF RICHFIELD DOES OR-
DAIIV:
Chapter VIII, Part II, of the Ordi-
nanceCode ofthe City of Rkh6eld re-
lating to rates and charges for sanit-
ary sewer service ie amended
by addingg at the'c~of, the fol-
lowing addftionalsection:
"Section B.L1 b."IndasMal User
Extra Strengm Charges.
Subdivision 1. Recitals. The Meb
ropodtan Waste Control Commission,
a metropolitan commlmion organized
and exiadrlg under the laws of the
state of Minnesota (the "commla-
sion"), in order to receive and retain
grants In compliance with the Fed
eral Water Pollution Control Act
Amendments of 1!171 and regalationa
thereunder (the "Act"), has deter-
mined to impose an industrial user
sewer strength charge upon users of
the Metropolitan Disposal System (as
defined in Mlnneaote Statutes, 3ec-
don 473.111, Snbdivl~on 14) to re-
cover operation and maintenance
costs of treatment works attributable
to the strength of the discharge of in-
dtrstrial waste, such sewer strength
charge being is additlon to the charge
based aeon the volume of discharge.
In order for the City to pay such coats
based upon strength ofindsstrialdis•
charife and allocated to it each year
by the Commia~on, it is hereby
found; determined sad declared to be
ceceasary to establish sewer strength
:charges and a fornmla for the comps
ration thereof for all indlrsMai users
receiving .waste heatment services
within or served by the C1ty. Forth-
. ermore, Minnesota Statutes, Secd~
414.975, Subdivision 3, empowers the
City to make such sewer charge a
charge against the owner, lessee, o~
cupant or all of them and certify un-
paid dlargea to the carnty auditor ae
a tax lien against the property
served.
Snbd. 1. Eatabuahmeat of Strength
Chargeb. For the stpase of paying
the coats allocated to the City each
year by the Commission that are
based epos the strength of discharge
of all industrial users receiving waste
treatment services within 0r served
by the City, there ht hereby approved,
adopttd and estab8abed,in addidos
to t e sewer charge based open the
volume of discharge, a sewer charge
upon each. company ~ carporatlon
receiving waste treatment servl~xs
within or served by the City, based
upon strength of industrial waste dis-
charged into the sewer system of the
City (the `Stren_ gt6l~arge').
Snbd. 3. aliment of 3treagth
Charge Formula. For Nre purpose of
compatetlon of the 3tr~~gth Charge
established by Sabel. t hereof, there is
hereby eetabllahed, approved .and
adopted in. oompUmoe witffi the Act
the same strength charge • formula
deaignafed in Resoladon No. 75-171
adopted by the goveraiag body of the
Commission on Jane 15, 1576, whkh
resolution is hereby adopted' by
specific reference, each fer!etala
being based app pel>atlon "des
and dlfficnlty of disposal of ' `'eew-
age produced through as
of pollution gaaiitks and gaandties in
excess of as anauai average paws and
the p ~po~onate'costa oEf~
awd nulinte ce of waste tea
provldbd by the Comrsie-
Sabd. 4. Sh'ength Chagge
It ie hereby apprlweg,.
eatabHa6ed thetthe e
~:.~~;~
waste
rioters ~.. ( )
day next a~oeedb~ fYe dale ef:3i1-
Nng thereof to sash seer by ar oa be-
half et.tLe (lty and snei.ppa~yment
ti~eof . ~ ~ be deliu-
~. ,~ tt+e bUNsg en- .
itKy ` Fartiermere, it
;-approved aal
opted payment la not
paW betaee `date an industrial
seer drall`'pa'yrl~Lterest compounded
monfiiy at fhe rate of two-thirds of
one percent (t/3'Ao) per montlr on the
s~ beluoeo due.
3ntid. S. EstabH~ment of Taa Lien.
Aa provided by Minnesota Statutes,
Section 414.675, Subdivision 3, it is
hereby approved, adopted and estab-
lished that if payment of the Strength
Charge established by Sabd.1 hereof
is not paid before the sixtieth (86th)
day next succeeding the date of bil-
Iing thereof to the indnsMai user. by
or oa behalf of the City, said delis-
quest sewer strength charge, plus ac-
craedinteresteatablished putauantto
Snbd. 4 hereof, shall be deemed to be
a charge against the owner, lessee
and Deco ant of the property served,
and the City or its agent shall certify
such unpaid delingaent balance to the
county auditor with taxes against elk
property served for collection as
other taxes are collected; provided,
., •`~. °~,"h ^»rK[i^aHon shall
e HIABLL~L "L`~.17111UX0~
9Z Q
'
el 6l
9Z
11Ien
uos e
``
lnoo euo l
w Pi
/
n,4
i
lT `` red uodno•
"
S3/1t/Ol i oosloue~j
3NO10
" • 1 W Myv-