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09-43RESOLUTION NO.: 2009 - 43 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ASSESSING STORMWATER UTILITY FEES FOR NON-UTILITY BILLING PROPERTIES PAYABLE FOR 2009 AND 2010. WHEREAS, the City Council has a adopted a Storm Water Pollution Prevention Program (SWPPP) for the municipal separate storm sewer system (MS4); and, WHEREAS, the SWPPP requires monitoring and maintenance of the MS4; and, WHEREAS, the City Council established a Stormwater Utility Fee to fund the requirements of the SWPPP program as Section 2-4-2.J.5 of the City Code; and, WHEREAS, the Finance department has prepared a list setting forth the properties subject to the Stormwater Utility Fee that are not established customers of the City's municipal sanitary sewer and water utility systems and the amount of the Stormwater Utility Fee due for each property; and, WHEREAS, Minnesota Statutes 444.20 authorizes assessment of stormwater utility fees to be paid over time the same as other municipal taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT: 1. The proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the assessment against the lands identified therein. 2. The assessment shall be payable in equal installments extending over a period of one (1) year and shall bear interest at the rate of zero (0) percent per annum from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City Clerk. 4. The Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over time the same as other municipal taxes. MOTION BY: CM DARKENWALD SECOND BY: CM SCHARBER ALL IN FAVOR: MAYOR STOCKAMP; COUNCIUEMERS: HEIDNER, DARKENWAID AND SCHARBER THOSE OPPOSED: NONE ADOPTED by the City Council of the City of Otsego this a day of November 2009. ATTEST: &LMLM-- Tami Loff, City Clerk CITY OF OTSEGO 461415,17, M1,14% P -.A 2