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95-04CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AMENDMENT TO CITY OF OTSEGO ORDINANCE 24-1 RELATING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS AND ESTABLISHING A GENERAL POLICY MODIFYING SECTION 24-1-3c REGARDING ASSESSMENT POLICY FOR STORM SEWERS ORDINANCE NO. 95-4 The City Council of the City of Otsego ordains the following: Section 1. Otsego Ordinance No. 24-1 is amended to read as follows: Deleting existing Section 24-1-3c, Storm Sewers, which section reads as follows: C. Storm Sowers. Cost for construction of storm sewers shall be assessed against the property in the area served by the sewer on the basis of the square footage of the property. The area to be assessed shall be determined on the basis of topographic maps and other pertinent data. 1. Within new developments, the total costs of constructing storm sewer improvements shall be a part of the Letter of Credit or other security provided through the Developer"s Agreement. Add new section 24-1-3c, Storm Sewers as follows: C. Storm Sewers. Cost for construction of storm sewers shall be assessed against the property in the area served by the sewer on the basis of the equivalent square footage of the property. The area to be assessed shall be determined on the basis of topographic maps and other pertinent data. The equivalent square footage for properties shall be determined in accordance with rules or procedures adopted by council resolution. 1. As a general policy, all properties are responsible for a proportionate and equitable share of the costs of storm sewer and surface water system components. a) All individual properties or aggregation of properties within a drainage area, development area, or other defined area are responsible for the total costs to construct storm sewer improvements .that serve the area, including lateral facilities 1 which are the surface water and storm sewer drainage pipes, ditches and appurtenances that provide service to smaller or local areas and trunk facilities. Lateral facilities can consist of portions of trunk facilities with the basic system costs allocated to lateral service and the portion of system cost associated with oversizing and/or added depth as required for area service allocated to the trunk system. b) All individual properties or aggregation of properties within a drainage area, project area, development area, or other defined area are responsible for providing ponding to reduce peak runoff rates from developed property to the rates from property in its natural state and to enhance surface water quality. c) All properties are responsible for an equitable proportion of the costs of trunk storm sewer facilities which are the larger surface or storm water drainage pipes, ditches and appurtenances that provide service to an entire area, d) All properties are responsible for an equitable proportion of the on-going costs of storm sewer utility system operation, maintenance, repair and replacement as required for proper drainage system function. 2. Costs and charges for construction, operation and maintenance of the surface water and storm sewer management and control system will be allocated, assessed or paid under statutory authority including the municipal authority for zoning and subdivision control, the municipal authority to charge for the use and availability of storm sewer facilities, the municipal authority to establish storm sewer tax districts, the municipal authority to establish a storm sewer utility and the municipal authority to construct and assess the costs of public improvements as a benefit to properties. Under this authority, surface water management and storm sewer systems costs will be allocated, assessed and paid as follows: a) For all land use changes made under City zoning and subdivision approval authority, properties will be responsible, at the time of the land use change approval, for total costs of construction of required storm sewer improvements, for costs of providing required ponding, and for proportionate costs of the trunk drainage system. OA b) To pay for the construction, reconstruction, repair, enlargement, improvement, or obtainment of storm sewer systems, including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of storm water, the city shall impose just and equitable charges for the use and availability of the facilities. Charges to individual properties shall be as nearly as possible proportionate to the cost of furnishing the service, or shall be just and equitable. All charges shall be based upon established statutory procedures, city ordinances, resolutions, or by reference to procedures and rules established by the city council pursuant to statute, ordinance or resolution. Said rules shall set forth the classification of properties based upon the quantity and quality of storm water produced, and other relevant factors. Such charges shall be imposed to all eligible properties in a project area at the time when facilities are constructed for the use and availability of properties and shall include the costs of storm sewer improvements, required ponding and trunk drainage. C) All properties shall be responsible for a periodic fee, charge or tax for on-going and continued operation, maintenance and repair of storm sewer facilities with such fee, charge or tax established by municipal authority as a storm sewer taxing district and/or under municipal authority for a storm sewer utility. Section 2. Effective Date. This Ordinance Amendment shall be effective from and after its passage and publication according to law. ADOPTED this 27th day of March, 1995 by the Otsego City Council. IN FAVOR:Norman F Freske, Mayor, Larry Fournier, Ron Black, Vern Heidnel OPPOSED: and Suzanne Ackerman, Council Members No one Was Opposed CITY OF OTSEGO o . Freske, Mayor AJ7 Elaine Beatty, City Clerk Posted: 4/4/95 Published: Elk River Star News on 3April 12,1995