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ORD 12-10ORDINANCE NO.: 2012-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE E ING THE CITY CODE of THE CITY of OTSEGO REGARDING MUNICI AL UTILITIES. THE CITY COUNCIL OF THE CITY of OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.D.2 of the City Cove is hereby amended to read as follows: 2. Water Availability Charge: $21045/REC Section Z, Section 2-4-2.D.3 of the City Code is. hereby amended to read as fo l i ows : 3. Sever Availability Charge: $23472/REC Section 3, Section 2-4-2.J of the City Code is hereby amended to add the followingprovisions: 8. Water Connection Charge: $2,045.00/REC 9. Severer Connection Charge: $4,798.00/REC Section 4. Section 2--4-2,J.1 of the City Code Is hereby amended to read as folios: . Municipal Nater and Sewage Usage Fates: a. dilater and sewer usage rates are established to be effective with the Vt Quarter billing and may be adjusted based on a review of prior year operations, anticipated future repair and maintenance e needs and estimated operating costs. 1 1. calculation of Base charges: 1. For residential uses the base charge shall be the base fee multiplied by the number of dwelling units.- 2. nits.2. For non-residential uses the base charge shall be the base fee multiplied by the number of Residential Equivalent Connections F Cs . G. Hater Usage Rate: 1. $8.00 base charge + $1.0o for first 2,000 gal + $0.0015/gal. for 2,001 to 10,000gal. + $0,00'16/gal, thereafter, 2. Minimum charge for accounts with usage of 2,000 gal, or less i $8.00. d, Serer Usage Rate: 1. Non-residential users shall be billed in accordance with actual sewage usage for each month. For residential uses, monthly sewage usage is estimated based on the average of the actual usage for the months of December, er, January and February. 2. Usage bates: a. $5.00 base charger . $0,005/1X000 gal. thereafter. 3. Minimum charge for accounts with less than three month usage history the minimum charge is $32.00. 4. Minimum charge for accounts with usage of 2,000 gal. or less i $15.00. e. Bulk Water Fees $1.00/100 gallons plus sales tax. 2. $50.00 minimum charge plus sales tax. 2 Section 5. Section 6-1-3 of the City Code is hereby amended to include the following provisions: D. Capacity for sanitary severer and water service shall a reserved upon payment of utility availability charges for a period of five(5) years. If after five 5 years, user having paid utility availability charges has not paid the required utility connection charges applicable to the use and connected to the municipal utility stem there shall be no guarantee of adequate sanitary surer or water utility capacity to serge a development of the property. Section 6. Section 6-1-4 of the City Code is hereby amended to read as follows: 6-,1-4: FIXING RATES AND CHARGES FOR MUNICIPAL LUTILITIES: A. All rates and charges for municipal utilities, including but not by gray of limitation, rates for trunk fees, 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 he set forth in Section 2--2 of the City Code. B. For the purpose of fining rates and charges, the City Council may categorize and classify under various types of services, or by contribution to the system, ' f' r y i � r just ■■rovided that such categorization and classification in and equitable and is included In the resolution authorized by this Section. C. Residential Equivalent Connections ECs) will be established for non-residential users: 1r The number of RECs for a specific 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 an agreement to determine the number of RECs based on one of the following alternative methods; a. Information is provided regarding actual water and serer use by the same or substantially similar use that has been existing for a period of not less than three 3 years. the required fee(s) calculated in accordance b. The user shall escrow ��tln the Metropolitan • Council Environmental Services Procedures edures - Manual and monitor or actual water use for a period of three(3) gears: If the actual water and sewer 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 water and sewer use during this period is greater than the RECs estimated by the Metropolitan Council Environmental Services Procedures Manual the user is not obligated to lad additional fees and the escrow funds shall � be released and deposited into the respective Water Fund or Sever Fund. D. existing use connected to the ur�cipal Expansion and Redevelopment. if an . sterns is expanded or redeveloped so a to increase the number of utility l s shall be aid for water utilitycharges and surer utility char lE�s, adadditional� y fit . # t rate established b Section 2 4�2 of the y the additional Els t the current f water utilitycharges or sever utility charges Code. there slnii be r� refund o alreadyaid if the expansion or red e�rio r�ner� results in a reduction of the number of lECs. Section , Section 6.1 .5 of the City Code is hereby amended to read as foiloSt Yom■ WATER UTILITY CHARGES: The City Council Inas determined that in ' nstructior� repair, enlargement, a for the cost of onstruction� re o p order �o p iter � stern; the cost of maintenances operation, and use of the City r y improvement, rr� � l complying with sate and Federal regulations; and the principal and interest to become impose � 'able ' � � it is eesa to dust and equitable due on obligations issued or to issue necessary water system pursuant to r the use and availability of charges for the municipal Minnesota , Statutes Section 444.075, Subdivision 3. A. From and after hookup of any premises to the pity water system, the owner or 9 owners of said premises shall pay for such grater services and usage at rates set forth in Section 2-4-2 of the City Code. B. Water Availability Charges (WAC): The Iter Availability charge for one(1)EC shall be adopted y the �. r laced b the ��t ' Section 2 4-2 of the City Code and calculated y y ��tr Council � 4 • future costs related to the o include those current , . Engineer t municipal a� grater utility. construction of the trunk distribution system for the ' Charge required � bald for a calculation of the Water Availability . . �. the oalu � the later A�ra�lab�l�ty all be calculated by multi lying specific use shall number of lis on 24-2 of the city Code by the Charge set forth � Section for that use. e sail be aid at the time of ' uses Water Availability clear l �t dor residential a reerr�er�t entered final flat coal except a may be provided for by an into by y the Cit Council at its discretion, 4. For cnner'al7 industrial and institutional uses one 1Water Availability Charge shall be charged for construction of unfinished space rior to t the initial construction; useuently issuance of a building permit for the �n issue to the build out of the finished space r Availability phare Doable ll�ate � , � In full !or to the issuance within !l or a portion of a building shall be paid of a permit ermit for that construction. Availability Charge, or portion thereof, required to be paid t the Water �, � emit shall the ' f final plat approval or building either at the time o ` Code. F forth b Section 2-4-2 f the city current � � effect s set � C. Water connection Charges �� shall be adopted by the Connection charge for one . �I � The later � � calculated b the c� 2.4.2 of the City Code and c y city Council �n Section lelated to the inose currentn ty and future costs r Engineer to include t ilities that water utility other tinge the fc construction the municipal prat comprise the distribution systern. Charge required to be paid for dation of the Water Connection �� �e calculation tithe Water Connection be calculated by multiplying specific use �s Charge set forth in Section 2^4-2 of the City Coda the number of for that use. . • 'on char lnai� be aid prior to residential uses the plater Connects , �� For resp � nn be provided for b n a building permit, except a issuance of agreement entered into by city Council at its discretion, except:t; initial ; residential uses on fiats of record final e initial development of resident , (a) For the water connection cores ' o[EFFECTIVEDATE], the pratfitted r�or t � � calculated to be aid prior to issuance of a building permit shall be as one-half the sum of the Water Availability Charge and the Water Connection Charge as set forth by Section 2-4-2 of the City Code multiplied by the number ber of REC . 4. For commercial, industrial and institutional uses the later Connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prior to issuance of a building permit for that construction. D. � No person shall connect to the cit grater system without also connecting to the City sanitaryserer system, except by resolution of the City Council. Sect'ion 8. section 6-1-7 of the City Code 1s hereby amended to read as follows" .. UTILITY CHARGES: The City Council has determined that in order to pad for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation,am use of the City serer system; the cost of cornnplyirn with state and Federal regulations; and the principal and interest to become die on obligations issued or to be issued, it is necessary to impose just and equitable chanes for the use and availability of the municipal sewer system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. From om and after hookup of any premises to the City water system, the owner or � owners of said remises shall a for such serer services and usage at rates set forth in Section 2--2 of the City Code. B. Seger Availability Charges: � Sewer Availability Charge for one(1)EC shall e adopted b the The CityCouncil ire Section 2- -2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk collection system for the municipal serer utility. 2. The calculation of the Sever Availability change required to be paid for a specific use shall be calculated by multiplying the Severer Availability Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3, dor residential uses the Sever Availability Charge shall be paid at the time of final plata ro al except as may be provided for by ars agreement entered into by the City Council at its discretion. �. 6 4. For commercial, industrial and institutional uses one Seger Availability Charge shall be charged for construction of unfinished space prior to issuance of a building permit for the initial construction; subsequently the Severer Availability Charge applicable to the buiid out of the finished space within all or a portion of a building shall be paid in full prior to the issuance of a building permit for that construction, 5. The serer Availability Charge, or portion thereof, required to be paid either at the time of final plat approval or building permit shall be the current fee in effect as set forth by section 2-4-2 of the City Code, C. Sever Connection charges: 'l The Water connection charge for one 1) REC shall be adopted by the City council in Section 2-4-2 of the city code and calculated by the city Engineer to include those current and future costs related to the construction of the municipal sever utility other than the facilities that comprise the collection system. 2. The calculation of the serer connection Charge required to be paid for a specific use shall be calculated by multiplying the severer connection Charge set forth in section 2--2 of the City code by the number of RECs for that use. 3. For residential uses the Serer connection charge shall be 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 except: (a) For the initial development of residential uses on lots of record final platted prior to [EFFECTIVE DATE], the Sewer Connection Charges to be paid prior to issuance of a building permit shall be calculated as one-half the sung of the Serer Availability charge and the Severer connection Charge as set forth by Section 2'-2 of the City code multiplied by the number of RECs. 4. For commercial, industrial and institutional uses the Serer connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prig to issuance of a building permit for that construction. D. No person shall connect to the City surer system without also connecting to the City grater system, except by resolution of the city Council. 7 Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION : CM Scharber SECOND : CM Heidner ALL IN FAVOR: Mayor Stock rr ; CM sc arber, CM Heidner, CM Darkenwald and CM Schroeder THOSE OPPOSED: None ADOPTED by the City council of the City of Otsego this 13th day of August, 2012. ATTEST: � Tam i Loff, City Clerk CITY of OTS GO Y.. JeVsIca L. Stocka, Mayor ORDINANCE NO.: 2012-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE of THE CITY OF OTS GO REGARDING MUNICIPAL UTILITIES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1, Section 2-4-2.D.2 of the City Code is hereby amended to establish grater availability charges based on restructuring of water utility charges. Section 2. Section 2-4.2.D.3 of the City Code is hereby amended to establish serer availability charges based on restructuring of serer utility charges. Section 3, Section 2-4-2.J of the City Code is hereby amended to establish water and sever connection charges based on restructuring of utility charges. Section 4, Section 2-4-2.J.1 f the City Code is hereby amended regarding grater and serer usage rates. Section S. Section -1-3 of the City Cede is hereby amended to include provisions related to reserved serer and water utility capacity Section 6. Section 6-1-4 of the City Code is hereby amended to include provisions regarding the establishment of Residential Equivalent Charges and payment of utility charges. Section 7, Section 6-1-5 of the City Code is hereby amended to revise the structure for payment of water utility charges used on availability and connection. Section 8, Section 6-1-7 of the City Code is hereby amended to revise the structure for payment of severer utility charges used on availability and connection. Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM Scharber 1 SECOND BY: CM Heidner ALL IN FAVOR: Dari ernwald, Heldner, Scharber, Schroeder, Stockarnp THOSE OPPOSED: Norge ADOPTED by the City Council of the City of Otsego this 13th day of August, 2012 CITY of OTSEGO BY: Jessica L. Stockarnp, Mayor ATTEST: Yarm Loff, City Clerk Pursuant to Minnesota Statutes 412.191 , Su i. 4 and 33 1 A.01, subd. 10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 t" Street NE, Otsego, {{ Minnesota 56330 during regular office hours. N