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HomeMy WebLinkAbout77-068 ~ , . . STATE Ol? MINNESOTA COUNT~Ol? RAMSEY, CITY Ol? ARDEN HILLS RESOLUTION No. 27 (,$ A RESOLUTION ESTABLr5HING AN INDUSTRIAL USER STRENGTH CHARGE WHEREAS, the Metropolitan Waste Control Commission (hereinafter the "Commission"l, has determined to impose a strength charge upon all industrial users of the Metropolitan Disposal System to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial wastes by such users, and WHEREAS, because existing law in the State of Minne- sota does not permit the Commission to impose such charge upon individual industrial users directly, the Commission has deemed it advisable to bill and collect from the City of Arden Hills the aggregate of strength charges incurred by industrial users located within the City, and WHEREAS, in order for the City to pay the aggregate of strength charges allocated to it each year by the Commission, it is deemed to be necessary for the City to establish a strength charge and a formula for the computation thereof for all industrial users receiving waste treatment services within or provided by the City, and WHEREAS, Ordinance No. 49, as amended, permits the City Council by Resolution to impose an industrial strength user charge, NOW, THEREFORE, BE :rT HEREBY RESOLVED by the City Council of the City of Arden Hills that an industrial user strength charge is hereby established as follows: l. Estaolishinent ofrndustrial User Strength Charq<as . Retroactively effective as of January 1, 1977, every industrial user of the Metropolitan Disposal System receiving waste treat- ment services within or provided by the City shall be required to pay a strength charge in addition to the normal sewer charge provided for in Ordinance No. 49, as amended. ' 2. Adoptio:nof Commission's Strength Charqe Formula. For the purpose of computing the industrial user strength charge established by J.>aragraphNo. 1 above, the City hereby adopts, establishes and approves the same strength charge formula as is designated in Resolution No. 76-172 of the Commission which was adopted thereby on June 15, 1976 and any changes in or modifications of such formula hereafter adopted by the Commission. ~ , . . 3. Commission's Furnishinq of Formula Pata and Strenqth Charge as Computed Thereby. In order to enable the City to include the strength charge along with the normal sewer charqe in its billings to industrial users, which billings--in accordance with Ordinance No. 49, as amended--take place on January 20.. April 20, July 20, and October 20 of each year, the City hereby requests that the commission on or before each of the foregoing dates provide the Clerk-Administrator of the City with the data by which the City can utilize the aforesaid formula to calculate the strength charge due from each industrial user within the City as well as the actual strength charge to be billed by the City to each said industrial user as computed by the Commission. 4. Billing of Strength Charge. On those billings for normal sewer charges which the City sends to industrial users within the City on or about January 20, April 20, July 20, and October 20 of each year, the Clerk-Administrator of the City shall add the strength charge due from each said industrial user and computed in the manner provided in the previous two Par~graphs hereof. 5. Strength Charge Payment; Delinquency Charge. After its receipt of the City's billings for the normal sewer charge and the supplementary strength charge, the industrial user shall have until the applicable date set forth in Section 11(C) (l) of Ordin- ance No. 49, as amended, to pay the normal sewer charge plus the supplementary strength charge to the City without penalty. In the event the industrial user has not made payment to the City by said applicable date, then the Clerk-Administrator shall add to the sum of said normal sewer charge and said supplementary strength charge, as a delinquency penalty, an amount equal to eight percent (8%) of the total cost of said charges as provided in said Section ll(C) (l). . 6. Remedies in Event of Nonpayment. In the event any industrial user fails to make payment to the City of the strength charge by the appropriate date specified in Section ll(C) (l) of Ordinance No. 49, as amended, then after said date the City shall have the remedies set forth in Section 11(C) (5) thereof, which remedies include, among other things, certification of the amount due, which includes the delinquency penalty provided for in said Section ll(C) (1), together with an additional delinquency penalty of eight percent (8%) of the original unpaid amount (exclusive of the delinquency penalty provided for in said Section ll(C) (1)), to the Ramsey County Department of Property Taxation to be included with taxes against the property served for collection as other taxes are collected by said Department. 7. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. BE IT FURTHER RESOLVED, that the Clerk-Administrator of the City of Arden Hills is hereby authorized and directed to pro- vide the Metropolitan Waste Control Commission with a certified copy of this Resolution. Passed by the City Council of the City of Arden Hills, this 14th day of November, 1977.