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