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268799 WHITE - CITV CLERK PINK - FINANCE COIIIICII � � BLUERV-M�,YORTMENT � GITY OF SAINT PAITL File NO. ������ � � Ordindnce Ordinance N O. ���`�� Presented By � Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 231 of the Saint Paul Legislative Code pertaining to Sewer Service Charges, and establishing an "Industrial Strength Charge. " WHEREAS, Metropolitan Waste Control Commission, a Metro- politan commission organized and existing under the laws of the State of Minnesota /the "Commission"7, in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations duly adopted thereunder %the "Act"7, is required by the Act to adopt a system of sewer treatment and service charges that will assure that each recipient of waste treatment services will pay its proportionate share of the costs of operation and maintenance of waste treatment services provided by the commission; and WHEREAS, The Commissian is expressly authorized pursuant to Minnesota Statutes, Section 473.504, subdivision 5, with the consent of the Metropolitan Council, to exercise all powers necessary to comply with the Act, including ��t� power to enter _ into contracts with or to impose such charges upon persons using the metropolitan disposal system as the Commission shall deter- mine to be necessary for the recovery of treatment works and interceptor costs paid with federal grants, the said charges imposed to be recovered by local government units on behalf of the Commission, if possible; and WHEREAS , The Commission, with the consent of the Metro- politan Council, and in compliance with the Act, has imposed and established sewage strength charge system for the discharge of industrial waste into the metropolitan disposal system to recover COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza [n Favor Hunt � oedter Against BY A,I,� Sylvester -p�v��Q� Tedesco Form Approved by ity A orn Adopted by Council: Date Certified Passed by CounciT Secretary � BY BY � Approved by Mayor: Date ' � ' Appr d by Mayor for S b i 'on Council By BY .-. �--� , 1 ;��c�-� , . ���"��� �y.::,,� � . operation and maintenance costs of its treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charges based upon the volume of discharge, and further the Commission, with the consent of the Metropolitan Council, approved the collection of the sewer strength charges by the Commission directly from the recipient of waste treatment services upon a finding of a local government unit that the recovery of such charges directly by the local government unit was not possible; and WHEREAS, Each local government unit is authorized and directed by Minnesota Statutes, Section 473. 519, to adopt a system of charges for the use and availability of the metro- politan disposal system, which system of charges shall also comply with the Act and which system of charges will assure that each recipient of waste treatment services will pay its proportionate share of the current costs allocated to the local government unit by the Commission, provided that the system of charges adopted by the local government unit is approved by the Commission; and WHEREAS, The Council of the City of Saint Paul desires to comply with the Act and the provisions of Minnesota Statutes cited above, and therefore will adopt and enforce the sewer strength charges heretofor adopted by the Commission and con- sented to by the Metropolitan Council; and WHEREAS, The Saint Paul City Council is advised that the Commission presently maintains an adequate system for the monitoring, collection and analyzing of sewer strength and can apportion the Sewer Strength Charges upon each recipient of waste treatment services within the City based on strength of industrial waste discharged into the sewer system, and that the City does not presently possess such a system and technical expertise; and because of these present shortcomings it is not possible for the City to recover the Sewer Strength Charges on behalf of the Commission; now, therefore, -2- � �1..�'c.X�- I -, � , '�,°�j t'���`] . /'! ` , �,`'4e`;-1 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Chapter 231 of the Saint Paul Legislative Code per- taining to Sewer Service Charges, be and the same is hereby amended so as to add the following section thereto: 231. 08 - Sewer Strength Charges. A) The Sewer Strength Charges and formula heretofor adopted and imposed upon recipients of waste treatment services of the metropolitan disposal system by the Metropolitan Waste Control Com- mission (hereinafter the "Commission") , be and the same is hereby adopted by reference by the Council of the City of Saint Paul, to be in addition to the sewer treatment charges imposed by Section 231. 02 and the service availability charges imposed by Section 231. 07. The current Sewer Strength Charges and formula shall be - the amount arrived at by the Commission annually and a copy of such formula shall be maintained on file in the Department of Public Works for public inspection. B) The Sewer Strength Charges determined and imposed by the Commission shall be paid at such intervals established by the Commission, and payments shall be deemed delinquent if not received within 20 days next succeeding the date of mailing of the bill. There is hereby imposed upon all delinquent payments a late- payment interest charge compounded monthly from the 20th date of mailing until payment is received at the rate of two-thirds of one per- cent per month on the unpaid delinquent balances due. C) In accordance with the authority granted by Minnesota Statutes, Section 444. 075 , subdivision 3, unpaid delinquent Sewer Strength Charges may be certified -3- WH17E — CITV CLERK PINK — FINANCE CO11I1C11 � CANqRY�DEAARTMENT GITY OF SAINT PALTL File NO. �����e� BLUiE — M}�VOR • 0 rdin�nce Ordinance N 0. '���� Presented By Referred To Committee: Date Out of Committee By Date to the county auditor to be collected with other taxes from and against the property served by the waste treatment facilities, provided, however, that such certification shall not preclude the City or Commission from recovery of such delinquent Sewer Strength Charges and interest under any other available remedy. D) The Council does hereby find and determine that it is not possible for the City to recover the Sewer Strength Charges on behalf of the Commission and therefore the Mayor is authorized to enter into such necessary agree- ments providing for the collection of Sewer Strength Charges by the Commission directly from the recipients of waste treatment services, including the collection of interest upon delinquent accounts and certification of such delinquent accounts by the Commission to the County Auditor for collection with other taxes. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its adoption, approval and publication. - 4 - COUIVCILMEIV Requested by Department of: Yeas Nays Butler J3�e [n Favor Hunt „ ) Levine v Against BY Roedler A� �,� Syl� �d�� �'�'�'�r �� � 2 �g�7 Form Approved by Cit}�Atto�►ey ,��f� �� Adopted by Co . Date 4; �. / Certif' Pass Co cil Secretary BY ,=-� �.;,��, BY � ` � : I�_' pp{� .t_4 197� Appr d by Mayor f� b sio�to Council Approv by Mayor: Da e By By PUBUSHE� APR 2 3 1977 - � . � �CP�1 ��� � : �?��� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY March 9 , 1977 HARRIET LANSING Daniel J. Dunford Director Department of Public Works 234 City Hall BUILDING Re: Industrial Strength Sewer Charges Our File G-77-0006 Dear Mr. Dunford: Pursuant to your request, and after discussing the matter with your Acting Sewer Engineer, Henry W. Jackson, I have prepared and transmit herewith the revised draft of ordinance establishing the industrial strength charges in compliance with the request made by the Metropolitan Waste Control Commission. If you have any further questions, please do not hesitate to contact me. Yours very truly, JEROME J. SEGAL Assistant City Attorney JJS:cg enc. �Q� � p 1917 City Hall, Saint Paul, Minnesota 55102 612 298-5121 � �1 lst �� .� � 2nd ����� J , 3rd ���j Adopted �"� `��-- � i i Yeas Nays ; BVTLER ' . HOZZA HUNT ��'��+-`'� - LEVINE � '°,`.'�,+ � •..'`_, ROEDLER TEDESCO PRESIDENT (SYLVESTER)