ORD 12-06ORDINANCE NO.: 2012.06
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE A E I ING THE CITY CODE REGARDING SEWER ACCESS
CHARGES AND WATER ACCESS CAGES=
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY R AIN:
Section I, Section 6-1-4 of the City Code is hereby amended to read as follows:
-4: FIXING RATES AND CHARGES FOR MUNICIPAL ALUTILITIES: All rates
and charges for municipal utilities, including but not by way of limitation, rates for
service, rates for contribution to the system, permit fees, deposit, hook up, meter testing
fees, disconnection fees, reconnection fees, and penalty fees for delinquency, shall be
set forth in Section 2-4-2 of the City Code. For the purpose of fixing rates and charges,
the City Council may categorize and classify under various types of services, or by
contribution to the system, provided that such categorization and classification in just
and equitable and is included in the resolution authorized by this Section.
Section 2, Section 6-1-5 of the City Code is hereby amended to read as follows:
6-1-5: MATER ACCESS CHARGE (WAC): : The City Council has determined
that in order to pay for the cast of construction, reconstruction, repair, enlargement,
improvement, maintenance, operation, and use of the City water system; the cost of
State and Federal regulations; and the principal and interest to benne due on
obligations issued or to be issued, it is necessary to impose just and equitable charges
for the use and availability of the municipal eater system pursuant to Minnesota
Statutes, Section 444.075, subdivision 3.
A. From and after hookup of any premises to the City grater system, the owner or
owners of said premises shall pay for such water services and usage at rates set
forth in Section 2-4-2 of the City Code.
B. The WAC imposed by the City for hookup of premises to the municipal eater
system shall be set forth by Section 2-4-2 of the City Codes
C. Residential Equivalent Connections EC) will be established for anon -residential
users:
1. The number of RECs per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures Manual.
2. The City Council, at its discretion upon a finding that the Metropolitan
Council Environmental Services Procedures Manual may not apply due to
circumstances unique to a particular user, may eater into ars agreement to
determine the number of RECs based on one of the following alternative
methods:
a. Information is provided regarding actual water use by the same or
substantially similar use that has been existing for a period of not
less than three 3 years.
MO. The user shall escrow the required WAC fee calculated in
accordance with the Metropolitan Council Environmental Services
Procedures Manual and monitor actual grater use for a period of
three(3) years:
If the actual water use during this
ECs estimated by the Metropolitan
Services Procedures Manual, the
difference without interest.
period is less than the
Council Environmental
City will refund the
2. if the actual grater use during this period is greater than the
ECs estimated by the Metropolitan Council Environmental
Services Procedures Manual the user is not obligated to pay
additional fees and the escrow funds shall be released and
deposited into the Water Fund.
D. Payment of WAC fees;
For residential uses orae -half of the HVAC fee shall be paid at the time of
final plat approval with the remaining one-half of the HVAC fee paid prior to
issuance of a building permit, except as may e provided for by an
agreement entered into by the City Council at its discretion.
2. For commercial, industrial and institutional uses one WAC fee shall be
charged for construction of unfinished space prig to issuance of a building
permit for the initial construction;, su bseq uently the WAC fee applicable to
the build out of the finished space within all or a portion of a building shall
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be paid in furl prior to the issuance of a building permit for that
construction.
3s The WAC fee, or portion thereof, charged either at the time of final plat
approval or building permit shall be the current fee in effect as set forth by
Section 2--2 of the City Code.
E. Expansion and Redevelopment. 1f an existing use connected to the grater utility
system is expanded or redeveloped so as to increase the number of RECs, an
additional WAC fee shall be paid for the additional RECs at the current rate
established by Section 2-4-2 of the City Code. There shall be no refund of WAC
fees already paid if the expansion or redevelopment results in a reduction of the
number of RECs.
F. No person shall connect to the City grater system without also connecting to the
City sanitary sewer system, except by resolution of the City Council.
Section 3. Section 6-1-6 of the City Code is hereby amended to reed as follows:
64-6: SEWER ACCESS CHARGE (SAC): All connections to the municipal
sewage treatment system shall be in conformity with the following regulations, except
that the City may, by resolution, waive the same upon shoring of special conditions
justifyln such waiver:
A. Every premises sewed by the municipal sewage system shall have a separate
connection.
B. From and after hookup of any premises to the city grater system, the owner or
owners of said premises shall pay for such surer services and usage at rates set
forth in Section 2-4-2 of the City Code.
C. The SAC imposed by the City for hookup of premises to the municipal sewage
collection system shall be set forth by Section 2-4-2 of the City Code.
D. residential equivalent connections ECs) gill be established for non-residential
users:
'i The number of RECs per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures Manual.
2. The city Council, at its discretion upon a finding that the Metropolitan
Council Environmental Services Procedures Manual may not apply dine to
3
circumstances unique to a particular user, may enter into an agreement to
determine the number of RECs based on one of the following alternative
methods:
a. Information is provided regarding actual severer use by the same or
substantially similar use that has been existing for a period of not
less than three 3 years.
1. The user shall escrow the required SAC fee calculated in
accordance with the Metropolitan Council Environmental Services
Procedures Manual and monitor actual severer use for a period of
three(3) years:
t If the actual surer use during this period is less than the
RECs estimated by the Metropolitan Council Environmental
Services Procedures Manual, the City will refund the
.difference without interest.
2. If the actual surer use during this period is greater than the
RECs estimated by the Metropolitan Council Environmental
Services Procedures Manual the user is not obligated to pay
additional fees and the escrow funds shall be released and
deposited into the Sewer Fund.
E. Payment of SAC fees:
1. For residential uses one-half of the SAC fee shall be paid at the time of
final prat approval with the remaining one-half of the SAC fee paid prior to
issuance of a building permit, except as may be provided for by an
agreement entered into by the city Council at its discretion.
2. For commercial, industrial and institutional uses one SAC fee shall be
charged for construction of unfinished space prior to issuance of a building
permit for the initial construction; subsequently the SAC fee applicable to
the build out of the finished space within all or a portion of a building shall
e paid in full prior to the issuance of a building permit for that
construction.
3. The SAC fee, or portion thereof, charged either at the time of final plat
approval or building permit shall be the current fee in effect as set forth by
Section 2--2 of the City code.
f..
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F. Expansion and Redevelopment. if an existing use connected to the serer utility
system 1s expanded or redeveloped so as to increase the number of FEC , an
additional SAC fee shall be paid for the additional TECs at the current rate
established by Section 2=4„2 of the City Code. There shall be no refund of SAC
fees already paid if the expansion or redevelopment results in a reduction of the
number of 1 ECs.
G. No person shall connect to the City surer system without also connecting to the
City water system, except by resolution of the City Council.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY: HEI ER
SECOND BY: S HAR
ALL IN FAVOR: MAYOR R S'OCKAMP; C NCYLMEMBERS : EID IER SCHAR ER, SCHROEDER AND
DART ENWA D
THOSE OPPOSED: NE
ADOPTED by the City Council of the City of Otsego this 14th day of May,
20129
ATTEST:duy�x--�. gs�--c
Tamm Loff, City Cleric
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CITY of OTSEGO
."ica L. Stockamp, Mayor