Ordinance 066CITY OF'CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 66
AN ORDINANCE ESTABLISHING AN INDUSTRIAL SEWER USER
STRENGTH CHARGE TO RECOVER OPERATION AND MAINTENANCE
COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE
STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO
THE CITY SANITARY SEWER SYSTEM AND PROVIDING FOR THE
COLLECTION OF SUCH STRENGTH CHARGE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Recitals. 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, §473.121, subd. 24), to recover operation
and maintenance costs of sewer treatment works attributable to the
strength of the 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 hereby found, determined and declared to be
necessary to establish sewer strength charges and a formula for the
computation thereof for all industrial users receiving waste
treatment services within or served by the City.
Section 2. Establishment of Strength Charges. For the purpose
of paying the costs allocated to the City each year by the Commis-
sion which 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 sanitary sewer charge based upon the volume of dis-
charge, a sewer charge upon each person, firm 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 "Strength 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 com-
pliance with the Act the same strength charge formula designated in
Resolution No. 76-172 adopted by the governing body of the Commis-
sion on.June 15, 1976 (a copy of which is on file in the office of
0
the City Clerk), such formula being based upon (1) pollution
qualities and difficulty of disposal of the industrial sewage
produced, (2) an evaluation of pollution qualities and quantities
in excess of an annual average base, and (3) the proportionate
costs of operation and maintenance of waste treatment services
provided by the Commission.
Section 4. Strength Charge Payment. The Strength Charge estab-
lished by Section 2 hereof shall be paid by each industrial user
receiving waste treatment services before the twentieth (20th) day
next succeeding the date of billing thereof to such user by the
City, and such payment shall be deemed to be delinquent if not so
paid to the City before such date. 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 5. Establishment of Tax Lien. As authorized by M.S. §444.075,
Subd. 3, if payment of the Strength C -barge established by Section 2
hereof shall not have been paid before the sixtieth (60th) day next
succeeding the date of billing thereof to the industrial user by
the City, said delinquent sewer strength charge, plus accrued
• interest established pursuant to Section 4 hereof, shall be deemed
to be a charge and lien against the property served, and the City
may certify such unpaid delinquent balance to the county auditor
for collection with general taxes in the next succeeding year;
provided, however, that such certification shall not preclude the
City from recovery of such delinquent sewer strength charge and
interest thereon under any other available remedy.
Section 6. Severability. In the event any provision of this ordi-
nance shall be held invalid or unenforceable by any court of com-
petent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 7. Effective Date. This ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 17th day of ober 1977.
Attes MA OR
City Clerk Manager
0 Published in Carver County Herald on this 7th day of December , 1977.
IWZ
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CITY QFGHANIiASSEN.
CAI1yTt ND HENNEPIN
5i C O
RD NA NO
AN ORDINANCE ESTABLISHING AN IN-
DUSTRIAIt W*ER USER ST NGTH CHARGE
TO RECOVER OPERA�1 AND MAIN-
TENANCE COSTS OF (AWE TREATMENT
SERVICES -V ATTRIB LE TO THE
STR,IfIi,G r OF THE DISCHARGE OF IN-
DUS"
WASE INTlYllii'CPi!'SANITARY
SEWER SYSTEM ANDPROV NG FOR THE
COLLECTION OF SU,C CHARGE.
THE CITY COUNCIL O S ,FOR
Section 1. Recitals. f fie a pot Waste'l3ontrol
Commission, a,metropoli4spp mission organized and
existing under the Is
or
lt{y� tate f Minnesota, (the
"Commission"), in order to �° eive `iii d retain grants in
compliance with.the Federal Vl, er Pollution Control
Act Amendments of .1972 +and'�rggulations thereunder
(the "Act"), has determined to'impUe an industrial
user sewer strength charge upon users of the
Metropolitan Disposal System (alt: defined in Minnesota
Statutes, §473.121, subd. 24), to recover operation and
maintenance costs of sewer treatment works at-
tributable to the strength of the 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 hereby. found,determined and declared
to be necessary to establish sewer strength charges and
a, formula for the computation thereof for all industrial
users receiving waste treatment services within or
served by the City.
Section 2. Establishment of Strength Charges. For the
purposeof paying the costs allocated to the City each
year by the Commission which, are based upon the
strength of discharge of all Industrial users receiving
waste treatment services within 4.served by the City,
there is hereby approved, adoptednd established, in
addition to the sanitary sewer clue a based. upon the
volume of discharge,_p sewer rharge.ppon each person,
firm or; corporation receiving waste,treatment services
withinsoc served by. the City, based upon strength of
industrial wastg dis rd into the sewer system of the
City (the Strength harge )
Section 31,'i4,
`meat of Strength Charge For-
mula. For the:purp of computation of the Strength
Charge estatil%-0 b Section 2 hereof, there is herebv.
established approved and adopted in compliance with
the Act 1 amR,atr gth charge formula designated in
Resolution'Io dopted by the governing body of
the Commission One 15, 1976 (a copy of which is on
file in -the office` 6 City Clerk), such formula being
based upon (1) pollution qualities and difficulty of
disposal of the industrial sewage produced, (2) an
evaluation of pollution qualities and quantities in excess
of an annual average base, and (3) the proportionate
costs of operation and maintenance of waste treatment
services provided by the Commission.
Section 4. Strength Charge Payment. The Strength
Charge established by Section 2 hereof shall be paid uv
each industrial user receiving waste treatment servicccs
before the twentieth (20th) day next succeeding the date
of billing thereof to such user by the City, and such
payment shall be deemed to be delinquent if not so paid
to the City before such date. 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 5. Establishment of Tax Lien. As authorized
by M.S. §444.075, Subd. 3, if payment of the Strength
Charge established by Section 2 hereof shall not have
been paid before the Sixtieth (60th) day "next succeeding
the date of billing thereof to the industrial user by the
City, said delinquent sewer strength charge, plus ac-
crued interest established pursuant to Section 4 hereof,
shall be deemed to be a charge and lien against the
property served, and the City may certify such unpaid
delinquent balance to the county auditor for collection
with general taxes in the next succeeding year;
provided, however, that such certification shall not
preclude the City from recovery of such delinquent
sewer strength charge and interest thereon under any
other available remedy.
Section 6. 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 7. Effective Date. This ordinance shall
become effective from and after its passage and
publication.
Passed by the Council this 17th day of October, 1977.
Walter Hobbs
Mayor
Attest:
Don Ashworth
City Clerk/Manager
(Published in Carver County Herald on this 7th day of
December, 1977.)
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Affidavit ®f Publication
1 �,4
Sate of Minnesota )
) ss.
County of Carver )
being duly sworn, on oath says he is and during
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has 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 a week. (3) Said news paper 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 Chaska in the County of Carver and it has its known
office of issue in the City of Chaska 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, persons in its employ and subject to his direction and control during all 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 has complied with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (8) 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.
He further states on oath that the printed
hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
i
once each week, for c successive weeks; that it was first so published on n t i, the I
day of 1- A " ro 19 1 ' 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:
abc defgh i j klm nopgrstuv wxyz
6�
Subscribed and sworn to before me this day of
( Notarial Seal)
Notary public; 7'"i'� �siDJ� — County, Minnes ta_
My Commission Expires
; ILORRAINE
'
L.ANO:;>.
(VOTARY PUBLIC– MiPN gOTA
CARVER COUNT,
•-"
MY Commission Expires lune 29, 1982
Notary public; 7'"i'� �siDJ� — County, Minnes ta_
My Commission Expires