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HomeMy WebLinkAboutOrdinance 407-Street Light Utility CHAPTER IV – PUBLIC UTILITIES _______________________________________________________________________________ _______________________________________________________________________________ ORDINANCE 407 Street Light Utility _______________________________________________________________________________ _______________________________________________________________________________ Section 407.01: Purpose and Policy. The St. Joseph City Council has determined that, to promote the general health, safety and welfare of the citizens and residents of the City, it is in the best interests of said citizens and residents that the city maintain a city-wide street lighting system utility and further has determined that the maintenance of such a utility benefits each and every property within the City. The City Council has therefore determined that it is fair, appropriate and reasonable and that the costs of such operation and maintenance be paid on a fair and reasonable basis by all of the property in the city so benefitted and that the cost thereof should be charged to and collected from all such benefitted property. Section 407.02: Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1: Operating and Maintenance Costs: The current paid or accrued expense of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practices and includes, without limitation, administrative expenses, labor, the cost of materials and supplies used for current operations and charges for the accumulation of appropriate reserves for current expenses not annually incurred but which are such as may be reasonably expected to be incurred in accordance with sound accounting practices. Subd. 2: Street Lighting System or System: The existing system of street lights and signalized intersection systems and related wires and equipment owned or maintained by the City and all improvements thereto which are the property and responsibility of the utility, to be operated by the utility to provide lighting on public streets. Subd. 3: Street Lighting Utility or Utility: The utility created by this Ordinance to operate, maintain and improve the street lighting system. Subd. 4: Utility Fee. A utility fee authorized in this Ordinance which is established to pay for operations and maintenance, extension and replacement and debt service. Section 407.03: Utility Fees and Charges. The utility shall charge utility fees established from time to time by the City Council to recover from all property owners any debt service and operation and maintenance of the street lighting system facilities in the City. All property owners in the City of St. Joseph will be billed a proportionate share of the operation and maintenance of a city-wide street lighting system. The proportionate share of the utility 407-1 CHAPTER IV – PUBLIC UTILITIES shall be equated to a charge per unit and the unit charges shall be applied as follows: Subd. 1: Residential Uses – including single family, two family, three family and Manufactured Home Community Park and dormitories shall be billed one unit for each residential use. For the purposes of determined a residential unit, each apartment, dormitory room or individual living unit shall be charged one unit per month. The number of units will be multiplied by the monthly rate. Subd. 2: Commercial/Industrial Uses – each use shall be charged on unit. For the purpose 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. Subd. 3: Mixed Use Facility – 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 one unit per month. The number of units will be multiplied by the monthly rate. Subd. 4: Exemptions. The following land uses are exempt from the established Street Light Utility Charge: a)Public street right-of-way b)Publicly owned property c)Parks, open spaces d)Cemeteries e)Agricultural, Undeveloped Section 407.04: Administration. The Street Light Utility Fund shall be administered according to the following provisions: Subd. 1: The City shall maintain the Street Light Utility Fund in accordance with the Minnesota Accounting and Financial Reporting Standards as adopted and amended by the Office of the State Auditor. Subd. 2: Bills for service shall be mailed bi-monthly following the period for which the service was rendered and shall be due and payable 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. Section 407.05: 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 and/or State law. Subd. 2: Twice annually delinquent accounts in excess of three service periods shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in this 407-2 CHAPTER IV – PUBLIC UTILITIES 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 by a delinquent or past due street light utility 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 407.06: 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 provided by law. New 02/13 407-3