HomeMy WebLinkAboutOrdinance 403 - Sewer Rate Ordinance
CHAPTER IV – WATER & SEWER
ORDINANCE 403 SEWER RATE ORDINANCE.....................................................................1
Section 403.01: PURPOSE AND POLICY ............................................................. 403-1
Section 403.02: USERS .............................................................................................. 403-1
Section 403.03: RATES.............................................................................................. 403-1
Section 403.04: ADMINISTRATION ........................................................................ 403-2
Section 403.05: PENALTIES ..................................................................................... 403-3
Section 403.06: SEVERABILITY AND VALIDITY ................................................. 403-3
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CHAPTER IV – WATER & SEWER
ORDINANCE 403 SEWER RATE ORDINANCE
Section 403.01. Purpose and Policy. The purpose of this Ordinance is to set and recover
fees from users of the St. Joseph Sanitary Sewer System on an equitable basis to provide funds
for the operation and maintenance, debt service, replacement and improvements to the St. Joseph
Sanitary Sewer System, including all cost associated with being part of the St. Cloud Wastewater
System.
Section 403.02. Users.Users of the St. Joseph Sanitary Sewer System shall be identified
as belonging to one of the following User Classes:
a.General User
b.Contract User
Users shall be considered General Users unless the City Council has determined that a
particular User should be subject to a separate agreement with the City in accordance with the
following criteria:
a.Users who discharge a flow volume greater than 50,000 gallons per day on an annual
basis.
b.Users who discharge Extra Strength Waste
c.Users who are otherwise required to obtain a Wastewater Discharge Permit in
accordance with of the Sewer Use Ordinance 402.
Section 403.03. Rates.All Users of the system, regardless of User Classification, will be
billed for discharging normal domestic strength wastewater. To determine billable wastewater,
all users of the wastewater system must have water meters installed on the water source. The
charges for service will be divided into two rates:
a.Sewer Line Charge: All users of the St. Joseph Wastewater System will be billed a
proportionate share of the fixed costs of the wastewater facilities. Annually the City
Council will review the fixed cost and establish the Sewer Line Charge. The fixed
costs used to determine the sewer line charge will be equated to a charge per unit and
the unit charges shall be applied as follows:
i.Residential Uses – including single family, two family, three family and
Manufactured Home Community Park shall be billed one unit for each
residential use. For the purposes of determining a residential unit, each
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CHAPTER IV – WATER & SEWER
apartment or individual living unit shall be charged one unit per month.
The number of units will be multiplied by the monthly rate.
ii.Commercial/Industrial Uses – each use shall be charged one unit. For the
purposes of determining a commercial/industrial unit, each business in a
multi-tenant building will be charged one unit per month. The number of
units will be multiplied by the monthly rate.
iii.Mixed Use Facilities – each use in a multi use building shall be charged
one unit. If the facility includes living units, each living unit shall be
charged one unit per month and each individual business shall be charged
on unit per month. The number of units will be multiplied by the monthly
rate.
iv.Other Uses – Properties utilizing wastewater services that are not listed
above shall be charged one unit cost per residential equivalent.
Residential equivalent shall consist of dividing the monthly water/sewer
use by the average residential water use of 274 gallons per day. This
number and any portion thereof shall represent the number of units to be
charged on a monthly basis. Example: 5.25 units shall be considered 6
units for purpose of determining number of units. The number of units will
be multiplied by the monthly rate.
b.Sewer Usage Charge: All Users of the St. Joseph Wastewater System will be billed
for wastewater calculated on the basis of metered water usage, or if applicable direct
wastewater metering. Annually the City will establish a budget for the sewer fund
and the budgeted costs less the fixed costs will be extrapolated into a per gallon sewer
use charge. The City Council will annually establish the sewer use charge. The
Sewer Use rate will be billed as follows:
i.Residential Uses – The sewer use charge shall be calculated on the basis
of metered water usage. The billable flows for residential uses shall be
obtained by measuring the metered potable water usage and the annual
reading for November and December shall be the maximum sewer charge
until the next annual reading. If billable flows for any service period are
lower than the November and December reading the lower reading shall
be used for that period.
ii.Commercial/Industrial/Contract Users – The sewer use charge shall be
calculated on the basis of metered water usage or when applicable direct
wastewater measurement. Users will be billed the established Sewer
Usage charge based on the potable water usage or direct wastewater
measurement for each billing period.
Section 403.04. Administration. The Sewer Service Charge System and Sewer Service
Fund shall be administered according to the following provisions:
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Subd. 1: The City shall maintain the Sewer Fund in accordance with the Minnesota
Accounting and Financial Reporting Standards as adopted and amended by the Office of the
State Auditor.
Subd. 2: The City Council shall annually review user rates and charges to determine
whether sufficient revenue is being generated for the effective operation, maintenance,
replacement, management of the Wastewater System and debt retirement.
Subd. 3: Bills for service shall be mailed bi-monthly following the period for which the
service was rendered and shall be due 30 days from the date of mailing. Any bill not paid in full
30 days after the date of mailing will be considered delinquent and will be charged a penalty
which will be set by the City Council.
Subd. 4: The owner of the premise shall be liable to pay for the service to such premises,
and the service is furnished to the premises by the City only upon the condition that the owner of
the premises is liable therefore to the City.
Section 403.05. Penalties.
Subd. 1. Criminal Penalties. Any person violating any of the provisions of this
ordinance shall be guilty of a criminal offense, punishable as a misdemeanor as defined by City
ordinance or state law.
Subd. 2: Twice annually delinquent in excess of three service periods shall be certified to
the County Auditor as taxes or assessments on the real estate. Nothing in this ordinance shall be
held or construed as in any way stopping or interfering with the right of the City to levy taxes or
assessments against any premises affected any delinquent or past due sewer service charges.
Subd. 3: As an alternative to levying a lien, the City may, at its discretion, file suit in a
civil action to collect such amounts as are delinquent and due against the occupant, owner, or
user of the real estate, and shall collect as well all attorney's fees incurred by the City in filing the
civil action. Such attorney's fees shall be fixed by order of the court.
Section 403.06. Severability and Validity
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the
invalidity thereof shall not affect the validity of the other provisions of this ordinance, which
shall continue in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage
and approval and publication as provide by law.
Amended 06-02-2011
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