HomeMy WebLinkAbout[04i] Ordinance Amendments - Utility
Council Agenda Item 4i
MEETING DATE: July 17, 2017
AGENDA ITEM: Ordinance Amendments - Utility
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The City currently bills residents for the following utilities: Water, Sewer,
Refuse, Street Lighting and Storm Water. City staff has reviewed the Ordinances that regulate the utilities and
recommend the following changes:
· Ordinance 401 – Strike through to remove reference to penalty for billing
· Ordinance 403 – Strike through to remove billing process, inserted reference to new Ordinance 409
· Ordinance 405 – Strike through to remove billing process, inserted reference to new Ordinance 409
· Ordinance 407 – Strike through to remove billing process, inserted reference to new Ordinance 409
· Ordinance 408 – The City did not have an Ordinance establishing the rate structure for water, therefore,
this is a new ordinance
· Ordinance 409 – New Ordinance that covers billing for all utility services, referencing all fees to
Appendix A of the Ordinance.
The Ordinances as being proposed for amendment or adoption have been reviewed and approved by the City
Attorney.
The collection process remains the same; however we have changed the dates slightly. The utility bills are now due
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on the 15 of the month versus the 20 and residents are notified the following day that they are delinquent and are
given 15 calendar days to make payment before water service is discontinued. The change in payment due date
provides for collection in 30 days and also allows for collection before the new bills are printed. Therefore,
confusion on the past due amount is resolved. The process for collecting delinquent accounts has not changed with
serving notice of potential water disconnection for aged accounts. The City uses the process for certification to the
Auditor only for cases where water is not available or cannot physically be shut off (the City only has a handful of
accounts that fall under this method).
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Ordinance 401 Municipal Water System (Redline and Amendment)
Ordinance 403 Sewer Rate (Redline and Amendment)
Ordinance 405 Storm Water (Redline and Amendment)
Ordinance 407 Street Light Utility (Redline and Amendment)
Ordinance 408 Water Rate (New)
Ordinance 409 Utility Billing and Delinquency (New)
Resolution 2017-041 Adopting amendments to 401,403,405,407 and adopting
Ordinances 408 and 409
REQUESTED COUNCIL ACTION: Amending and Adopting the Ordinances as proposed requires a two step
process.
Motion 1: Authorize the Mayor and Administrator to execute Resolution 2017-035 amending Ordinance
401, Resolution 2017-036 amending Ordinance 403, Resolution 2017-037 amending Ordinance 405, Resolution
2017-038 amending Ordinance 407, Resolution 2017-039 adopting Ordinance 408, and Resolution 2017-040
adopting Ordinance 409.
Motion 2: Authorize the Mayor and Administrator to execute Resolution 2017-041 authorizing summary
publication of the aforementioned Ordinance Amendments and Adoptions.
CHAPTER IV – WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM ........................................................ 401-1
Section 401.01: APPLICATION FOR SERVICE ....................................................... 401-1
Section 401.02: WATER HOOK-UP CHARGE (Repealed) ....................................... 401-1
Section 401.03: METER INSTALLATION ................................................................ 401-1
Section 401.04: SERVICE TO BE METERED ........................................................... 401-1
Section 401.05: SEPARATE CONNECTIONS .......................................................... 401-1
Section 401.06: COST OF INSTALLATION ............................................................. 401-1
Section 401.07: METERS........................................................................................... 401-2
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY ................................. 401-2
Section 401.09: USE OF MUNICIPAL WATER SYSTEM…………………………..401-2
Section 401.10: FAILURE OF SERVICE ................................................................... 401-2
Section 401.11: CONSENT TO REGULATIONS ...................................................... 401-2
Section 401.12: DISCONTINUOUS OF SERVICE .................................................... 401-2
Section 401.13: WATER CONNECTIONS ................................................................ 401-3
Section 401.14: SERVICE PIPES ............................................................................... 401-3
Section 401.15: MAINTENANCE OF SERVICE LINES…………………………….401-3
Section 401.16: REPAIR OF LEAKS………………………………………………… 401-3
Section 401.17: WATERWORKS BRASS ................................................................. 401-3
Section 401.18: WATER SYSTEM CHECK VALVES .............................................. 401-3
Section 401.19: USE OF WATER DURING FIRE ..................................................... 401-3
Section 401.20: CONTROL BY COUNCIL ............................................................... 401-4
Section 401.21: SPRINKLING BANS ........................................................................ 401-4
Section 401.22: PENALTIES ..................................................................................... 401-4
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CHAPTER IV – WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM
Section 401.01: APPLICATION FOR SERVICE. Any person desiring a connection
with the water system of the City shall apply therefore to the City Clerk/Administrator.
Application shall state exact description of the property to be served, the use to which the water
is to be put, and the estimated maximum amount of water to be used per month. At the same
time, the applicant shall pay to the Clerk/Administrator a permit fee and inspection fee to the
Clerk/Administrator as may be established and modified by Council resolution. The applicant
shall also pay to the Clerk/Administrator the sum set by the City Council to cover the expense of
making the connection between the main and the curb box . All these payments except the
permit fee shall be refunded to the applicant if the application is refused. No connection shall be
allowed between December 1 and April 1 except by specific order of the Council under terms
and conditions established by the Council.
Section 401.02: WATER HOOK-UP CHARGE (Repealed). Repealed on 9/9/04 and
replaced with Ordinance 404.
Section 401.03: METER INSTALLATION. The Maintenance Superintendent shall upon
receipt of the application, examine the premises therein described and if satisfied that the
premises are entitled to water service, and that the connection with the City system will not be
dangerous to persons or property, shall issue a water meter to the applicant, provided that no
connection shall be made unless the property where the service is desired abuts on a street or
alley or lies within one half block of a street or intersection where there is already installed a
main from which water service desired may be secured.
Section 401.04: SERVICE TO BE METERED. All water furnished by the City system
shall be measured by meters furnished by the City for that purpose. The water meter shall be the
property of the owner and shall be maintained by the owner, except that if the meter is damaged
by freezing or hot water back up, the property owner shall pay the City for damage to the meter.
Section 401.05: SEPARATE CONNECTIONS. Unless the City Council approves the
use of a common service connection, each premise shall have a separate and distinct service
connection to the City main. Said connection shall include a corporation stop at the main and a
curb stop located as directed by the Superintendent of Public Works. Where the City Council
approves the use of a common service connection, each branch shall have its own curb stop
located as directed by the Superintendent of Public Works, and its own meter. Additional costs
incurred due to the installation of an approved common service connection shall be borne by the
applicant.
Section 401.06: COST OF INSTALLATION. The cost of the original installation of
plumbing between the curb stop and the building and any service to devices maintained by the
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customer and all extensions thereafter, as well as all repairs to the same, shall be borne entirely
by the consumer, although such plumbing and devices as well as the meter shall at all reasonable
times be subject to inspection through authorized City authority. Any repairs found to be
necessary by City authorities shall be made promptly by the customer or the City shall
discontinue service.
Section 401.07: METERS. Every consumer shall provide a suitable place where the
meter can be installed and the consumer shall install and maintain the meter. At any time the
consumer desires to have the meter tested for accuracy, this shall be done by the City and the fee
as established and modified by council resolution charged to the consumer if the meter registers
98 per cent or more accurate. If the meter registers less than 98 per cent accurate, it shall be
replaced and repaired before installation of another service and no testing fee charged.
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY. It shall be unlawful for
any person to use water from any premise without the consent of the owner. No person except
an authorized representative of the City shall operate curb stops, valves, hydrants, or other water
system appurtenances unless approval has been obtained from an authorized representative of the
City.
Section 401.09: USE OF MUNICIPAL WATER SYSTEM. The owner of any building or
property which is located within the City, or in any area under the jurisdiction of the City, and
from which water is discharged, shall be required to connect to a public water system at the
owner’s expense within ninety (90) days after service of official notice to do so, provided that
city water is reasonably available. Said ninety (90) days shall be consecutive calendar days
exclusive of the days between November 1 and May 15. Additionally, if the building or property
is used for human occupancy, employment or recreation, the owner shall be required to install at
the same time toilet facilities in accordance with the Minnesota Building Code and other
ordinances of the City.
Section 401.10: FAILURE OF SERVICE. No claim shall be made against the City for
losses of any kind resulting from failure of water service.
Section 401.11: CONSENT TO REGULATIONS. Every person applying for water
service from the City system, and every owner of property for which such application is made,
shall be deemed by such application to consent to all the rules, regulations and rates contained in
the ordinances of the City, and to all modifications thereof and all new rules, regulations and
rates duly adopted by City Council resolution.
Section 401.12: DISCONTINUOUS OF SERVICE. The City reserves the right to
discontinue service of any or all customers of the water system without notice, when necessary
for repairs, or for non payment of bills, or for disregard of rules and regulations affecting water
service. When service has been disconnected for non payment of bills or for disregard of
regulation, it shall not be resumed except upon payment of the bills together with a penalty of 10
per cent of the amount of the bill and full compliance with the regulation.
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CHAPTER IV – WATER & SEWER
Section 401.13: WATER CONNECTIONS. All connections to the City main including
the tap, and installation of the corporation stop, the service line to the curb stop, and the curb
stop shall be made by a contractor approved by the City.
Section 401.14: SERVICE PIPES. All service pipes connected to the City water system
shall be of materials approved by the Superintendent of Public Works. Service pipes shall be
installed in accordance with specifications approved by the City.
Section 401.15: MAINTENANCE OF SERVICE LINES. The owner shall bear the entire
cost of all maintenance and repairs of the building sewer and water service lines from the main to
the building. This shall include the cost of the street and boulevard restoration.
Section 401.16: REPAIR OF LEAKS.
a. Responsibility of Owner: The owner shall be responsible for maintaining the service
pipe from the water main including the corporation stop, curb stop and box into the
building served.
b. Failure to Repair: If the owner fails to repair any leak in such service pipe within
twenty four (24) hours after notice by the City, the City may turn the water off. The
water shall not be turned on again until the sum as established by Council resolution
has been paid to the City.
c. Waste of Water, Damage: When the waste of water is great or damage is likely to
result from the leak, the City shall turn the water off immediately upon giving of
notice if repair is not commenced immediately.
Section 401.17: WATERWORKS BRASS. All service pipes connected to the City
water system 2" or less in diameter shall be fitted with a corporation stop, a curb stop and box,
and such valves and drains as the City may require at the meter location. Service pipes larger
than 2" shall be fitted with an approved valve. All waterworks brass and other materials shall be
in accordance with City specifications.
Installation of brass and appurtenances shall be in accordance with City specifications,
and the location of the curb stop shall be subject to the approval of the Superintendent of Public
Works.
Section 401.18: WATER SYSTEM CHECK VALVES. Check valves shall be required
on all water connections to steam boilers. Safety and relief valves shall be placed on all boilers
or other steam apparatus connected with the water system where the steam pressure may be
raised in excess of 50 pounds per square inch.
Section 401.19: USE OF WATER DURING FIRE. It is herein declared to be unlawful
for any person in the City or any person owning or occupying premises connected to the City
water system to use or allow being used during a fire any water from the water systems except
for purposes of extinguishing the fire. Upon the sounding of the fire alarm, it shall be the duty of
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CHAPTER IV – WATER & SEWER
every person to see that all water services are tightly closed and that no water is used except for
necessary household purposes during the fire.
Section 401.20: CONTROL BY COUNCIL. The City Council shall have complete
control of the City water system and make regulations and rates in its judgment it deems proper.
Section 401.21: SPRINKLING BANS. During the months of May through September,
use of the municipal water supply for lawn and garden sprinkling shall be restricted in the
following manner:
a) Properties having a street address ending with an even number may sprinkle
lawns and gardens on an even numbered day only.
b) Properties having a street address ending with an odd number may sprinkle lawns
and gardens on an odd numbered day only.
The City reserves the right to totally prohibit the use of the municipal water supply for
sprinkling as deemed necessary by the City Maintenance Director to protect the City’s water
supply. A sprinkling ban of this type shall be published by local radio. Residents shall comply
with the terms and conditions of the sprinkling ban. The ban shall be enforced by the police
department. Violators shall receive one warning which will be documented. Any further
violation within five months of a warning shall constitute a petty misdemeanor.
Section 401.22: PENALTIES. Any person violating any regulation of this ordinance
shall be guilty of a misdemeanor, unless otherwise provided in this ordinance.
Updated 6/2003 – Sections 401.2 & 401.18
Repealed and Amended Section 401.2 on 9/9/04
401-4
RESOLUTION 2017-035
AMENDING ORDINANCE 401
MUNICIPAL WATER SYSTEM
The City Council for the City of St. Joseph HEREBY ORDAINS:
That Ordinance 401 of the St. Joseph Code of Ordinances is hereby amended to remove
provisions for billing in Section 401.12, DISCONTINUOUS OF SERVICE as follows:
Section 401.12: DISCONTINUOUS OF SERVICE. The City reserves the right to
discontinue service of any or all customers of the water system without notice, when
necessary for repairs.
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This amendment is adopted this 17 day of July, 2017, and shall be effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published on , 2017.
CHAPTER IV – WATER & SEWER
ORDINANCE 403 SEWER RATE ORDINANCE............................................................. 403-1
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
403-0
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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CHAPTER IV – WATER & SEWER
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 billed and collected as identified in St. Joseph Code of
Ordinance 409.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
403-3
RESOLUTION 2017-036
AMENDING ORDINANCE 403
SEWER RATE ORDINANCE
The City Council for the City of St. Joseph HEREBY ORDAINS:
That Ordinance 403 of the St. Joseph Code of Ordinances is hereby amended to remove
provisions for billing and add language to reference Ordinance 409 in Section 403.04
ADMINISTRATION and Section 403.05 PENALTIES as follows:
Section 403.04. ADMINISTRATION. The Sewer Service Charge System and Sewer
Service Fund shall be administered according to the following provisions:
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 billed and collected as identified in St. Joseph Code of
Ordinance 409.
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.
th
This amendment is adopted this 17 day of July, 2017, and shall be effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published on , 2017.
CHAPTER IV – WATER & SEWER
ORDINANCE 405 STORM WATER UTILITY ................................................................ 405-1
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY................ 405-1
Section 405.02: PURPOSE ......................................................................................... 405-1
Section 405.03: DEFINITIONS .................................................................................. 405-1
Section 405.04: RATES AND CHARGES ................................................................. 405-2
Section 405.05: ADJUSTMENTS AND GENERAL POLICY ................................... 405-3
405-1
CHAPTER IV – WATER & SEWER
ORDINANCE 405 STORM WATER UTILITY
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY. There is hereby
established a public utility to be known as the Storm Water Utility for the City of St. Joseph. The
Storm Water Utility shall be operated as a public utility pursuant to the City Code of Ordinances
and applicable Minnesota Statutes. The revenues derived therefrom shall be subject to provisions
of this Section and Minnesota Statutes Section 444.075. The Storm Water Utility shall be part of
the Public Works Department and shall be administered by the Public Works Director. This
Ordinance shall apply to the entire City of St. Joseph.
Section 405.02: PURPOSE. This Ordinance sets forth uniform requirements for the
establishment of a Storm Water Utility.
The purpose is to provide a funding mechanism for the following services:
a) The administration, planning, construction, implementation, and maintenance of
storm water Best Management Practices (BMPs) to reduce the introduction of
sediment and other pollutants into local water resources.
b) The administration, planning, analysis, construction, installation, operation,
maintenance and replacement of public drainage systems.
c) Activities necessary to maintain compliance with the National Pollutant Discharge
Elimination System (NPDES) Permit requirements established by the U.S.
Environmental Protection Agency, including preparation, implementation and
management of a Storm Water Pollution Prevention Plan (SWPPP) to address the
following control measures:
1) Public education and outreach on storm water impacts.
2) Public involvement/participation.
3) Illicit discharge detection and elimination.
4) Construction site storm water runoff control.
5) Post-construction runoff control in new development and redevelopment.
6) Pollution prevention for municipal operations.
d) Other education, engineering, inspection, monitoring, testing and enforcement
activities as necessary to maintain compliance with local, state and federal storm
water requirements.
Section 405.03: DEFINITIONS. Unless the context specifically indicates otherwise, the
following terms, as used in this ordinance, shall have the meanings herein-after designated.
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CHAPTER IV – WATER & SEWER
Subd. 1: Surface Area. “Surface Area”, referred to herein as “SA”, shall be the area of the
parcel in acres, subject to any standardization, adjustments or exceptions outlined in this
ordinance.
Subd, 2: Land Use. The “Land Use” for a given parcel shall be the “tax classification”
for that parcel on record at the Stearns County Recorder’s Office, or other land use classification
that is updated by the City Zoning Officer.
Subd. 3: Residential Equivalency Factor. “Residential Equivalency Factor”, referred to
herein as “REF”, is the ratio of the accumulated direct runoff generated by a particular land use
to the accumulated direct runoff generated by the residential land use.
Subd. 4: Unit Rate. “Unit Rate”, referred to herein as “UR”, is the rate in dollars per acre
to be charged per one (1) REF.
Subd. 5: Single-Family Residential. Land use classification of parcels with two (2) or less
living units.
Subd. 6: Multi-Family Residential. Land use classification of parcels with three (3) or
more living units.
Section 405.04: RATES AND CHARGES.
Subd. 1: Determining The REF: The accumulated direct runoff (Q) used to determine the
REFs shall be calculated based on an evaluation of the land use and application of a standardized
soil type and rainfall event.
The calculated direct runoff (Q) shall be based on the runoff equation in the Soil Conservation
Services (SCS) National Engineering Handbook Section 4 – Hydrology. The equation is as
follows:
2
Q = (P-0.2S)
P + 0.8S
Where:
S = (1000/CN)-10
P = 2.0 inches (based on a 24-hour 2-inch rainfall event)
CN = Runoff index (based on the land use and the Natural Resources
Conservation Services (NRCS Type B soils)
The runoff indices (CN) and REFs for the various land uses within the City shall be set forth
below:
Land Use CN REF
Single-Family Residential 72 1.00
Multi-Family Residential 85 2.72
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Institutional 88 3.30
Industrial 88 3.30
Commercial 92 4.23
Public, Quasi Public Exempt
Parks, Open Spaces, Cemeteries Exempt
Road Right-of-Way Exempt
Lakes, Streams, Wetlands Exempt
Agricultural, Undeveloped Exempt
The REF for Land Uses not listed above shall be determined by the City Engineer based on
probable hydrologic response.
.
Subd. 2: Establishing Unit Rates: The City Council shall from time to time, by resolution,
establish the Unit Rate for each REF. The Unit Rate so established shall be on file with the City
Clerk/Administrator and shall be used to compute the charges for a given parcel of land based on
the following formula:
Storm Water Charges = (UR) x (REF) x (SA)
Subd 3: Standardized Charges. The following rules shall apply for the purpose of
simplifying and equalizing charges:
1) A standard Surface Area of 0.30 acres shall be used for detached single-family residential
parcels.
Parcels subject to these standardized charges shall not be eligible for Adjustments to Charges or
Adjustments to Area as set forth elsewhere herein.
Section 405.05: ADJUSTMENTS AND GENERAL POLICY.
Subd. 1: Adjustments to charges. Storm Water Utility fees may be adjusted under any of
the following conditions:
1) Revisions of Unit Rate – The estimated expenditures for management of
storm water shall be reviewed by the City Council. The unit rate shall be
adjusted accordingly to meet the estimated expenditures and will follow
established procedures for adjustment of utility rates.
2) Minimum or Maximum Fees – The City Council may establish a
minimum or maximum monthly fee per parcel.
3) Application for Credit – The City may establish a credit policy and utilize
a credit application form for consideration of fee reduction.
4) Change in Development Condition of Parcel – As land is developed and/or
redeveloped, the fees will be re-computed based on the revised land use.
Subd. 2: Fee Adjustments by Credit Application. The City Council may by resolution
adopt a Storm Water Utility Policy and Credit Policy providing for the adjustment of charges for
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parcels or groups of parcels based upon hydrologic response substantially different from the REF
being used for the parcel or for parcels which employ BMPs or other storm water management
practices on-site that significantly reduce the quantity or improve the quality of storm water
runoff from the parcel.
Such adjustment shall be made only after receiving the recommendation from the Public Works
Director, and shall not be made effective retroactively. If the adjustment would have the effect of
changing the REF for all or substantially all parcels in a particular land use classification, such
adjustment shall be accomplished by amending the REF table list in this Ordinance.
Subd. 3: Adjustment to Area. The total parcel area as shown in the City Assessor’s
records will be used to calculate the Surface Area for a given parcel, except that apparent errors
in the recorded values may be subject to recalculation by the City. It is the responsibility of the
owner or manager of any parcel to provide the City with necessary surveys, and other
information as the City may reasonably request, to determine if a parcel, or portion of a parcel,
qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments
will be reviewed after receipt of all requested information. Exceptions and/or adjustments must
be approved by the City Engineer and Public Works Director, and shall become effective the
beginning of the next billing cycle following approval.
Subd. 4: Exceptions. The following land uses are exempt from the Storm Water Utility
Fees established herein:
1) public street right-of-way,
2) wetlands and public waters as defined by state law,
3) ponds designated and used exclusively for storm water retention or treatment purposes
up to the 100-year flood elevation,
4) undeveloped parcels,
5) publicly-owned park lands, natural areas, and recreational fields,
6) railroad right-of-way,
7) cemeteries,
8) unsewered parcels situated within the AG (Agricultural) zoning district of the City,
9) City-owned land.
Subd. 5: Falsification of Information. Willful failure to provide information that the City
may reasonably request related to the use, development and area of a premise, or falsification of
such information, shall constitute a violation of this Ordinance.
Subd. 6: Estimated Charges. If, for any reason, precise information related to the use,
development or area of a premises is not available, then Storm Water Utility Charges for such
premise shall be estimated, and billed, based upon information then available to the City.
Subd. 7: Billing Method. Storm Water Utility Fees will be computed and collected by the
City together with other City utility fees, in accordance with the procedures set forth in Section
401 409 of this Code.
405-5
CHAPTER IV – WATER & SEWER
Subd. 8: Delinquent Accounts. Storm Water Utility Fees past due on October 1 of any
year may be certified to the County Auditor for collection with real estate taxes during the
following year or any year thereafter in the manner prescribed in Ordinance 401 of this Code,
pursuant to Minnesota Statute 444.075, Subdivision 3.
Subd. 9: Appeal: If a property owner believes that the fee charged a particular property
is incorrect, s/he may request review and re-computation of said fee.
405-6
RESOLUTION 2017-037
AMENDING ORDINANCE 405
STORM WATER UTILITY
The City Council for the City of St. Joseph HEREBY ORDAINS:
That Ordinance 405 of the St. Joseph Code of Ordinances is hereby amended remove provisions
for billing and add language to reference Ordinance 409 in Section 405.05, ADJUSTMENTS
AND GENERAL POLICY, as follows:
Section 405.05: ADJUSTMENTS AND GENERAL POLICY.
Subd. 1: Adjustments to charges. Storm Water Utility fees may be adjusted under any of
the following conditions:
1) Revisions of Unit Rate – The estimated expenditures for management of
storm water shall be reviewed by the City Council. The unit rate shall be
adjusted accordingly to meet the estimated expenditures and will follow
established procedures for adjustment of utility rates.
2) Minimum or Maximum Fees – The City Council may establish a
minimum or maximum monthly fee per parcel.
3) Application for Credit – The City may establish a credit policy and utilize
a credit application form for consideration of fee reduction.
4) Change in Development Condition of Parcel – As land is developed and/or
redeveloped, the fees will be re-computed based on the revised land use.
Subd. 2: Fee Adjustments by Credit Application. The City Council may by resolution
adopt a Storm Water Utility Policy and Credit Policy providing for the adjustment of charges for
parcels or groups of parcels based upon hydrologic response substantially different from the REF
being used for the parcel or for parcels which employ BMPs or other storm water management
practices on-site that significantly reduce the quantity or improve the quality of storm water
runoff from the parcel.
Such adjustment shall be made only after receiving the recommendation from the Public Works
Director, and shall not be made effective retroactively. If the adjustment would have the effect of
changing the REF for all or substantially all parcels in a particular land use classification, such
adjustment shall be accomplished by amending the REF table list in this Ordinance.
Subd. 3: Adjustment to Area. The total parcel area as shown in the City Assessor’s
records will be used to calculate the Surface Area for a given parcel, except that apparent errors
in the recorded values may be subject to recalculation by the City. It is the responsibility of the
owner or manager of any parcel to provide the City with necessary surveys, and other
information as the City may reasonably request, to determine if a parcel, or portion of a parcel,
qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments
will be reviewed after receipt of all requested information. Exceptions and/or adjustments must
be approved by the City Engineer and Public Works Director, and shall become effective the
beginning of the next billing cycle following approval.
Subd. 4: Exceptions. The following land uses are exempt from the Storm Water Utility
Fees established herein:
1) public street right-of-way,
2) wetlands and public waters as defined by state law,
3) ponds designated and used exclusively for storm water retention or treatment purposes
up to the 100-year flood elevation,
4) undeveloped parcels,
5) publicly-owned park lands, natural areas, and recreational fields,
6) railroad right-of-way,
7) cemeteries,
8) unsewered parcels situated within the AG (Agricultural) zoning district of the City,
9) City-owned land.
Subd. 5: Falsification of Information. Willful failure to provide information that the City
may reasonably request related to the use, development and area of a premise, or falsification of
such information, shall constitute a violation of this Ordinance.
Subd. 6: Estimated Charges. If, for any reason, precise information related to the use,
development or area of a premises is not available, then Storm Water Utility Charges for such
premise shall be estimated, and billed, based upon information then available to the City.
Subd. 7: Billing Method. Storm Water Utility Fees will be computed and collected by the
City together with other City utility fees, in accordance with the procedures set forth in Section
409 of this Code.
Subd. 8: Appeal: If a property owner believes that the fee charged a particular property
is incorrect, s/he may request review and re-computation of said fee.
th
This amendment is adopted this 17 day of July, 2017, and shall be effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published on , 2017.
CHAPTER IV – PUBLIC UTILITIES
ORDINANCE 407 STREET LIGHT UTILITY ................................................................. 407-1
Section 407.01: PURPOSE AND POLICY ............................................................. 407-2
Section 407.02: DEFINITIONS .................................................................................. 407-2
Section 407.03: UTILITY FEES AND CHARGES .................................................... 407-2
Section 407.04: ADMINISTRATION ........................................................................ 407-3
Section 407.05: PENALTIES ..................................................................................... 407-3
Section 407.06: SEVERABILITY AND VALIDITY ................................................. 407-4
407-1
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
407-2
CHAPTER IV – PUBLIC UTILITIES
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
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 billed and collected as identified in St. Joseph Code of
Ordinance 409. 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
407-3
CHAPTER IV – PUBLIC UTILITIES
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
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 VIABILITY.
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
407-4
RESOLUTION 2017-038
AMENDING ORDINANCE 407
STREET LIGHT UTILITY
The City Council for the City of St. Joseph HEREBY ORDAINS:
That Ordinance 405 of the St. Joseph Code of Ordinances is hereby amended remove provisions
for billing and add language to reference Ordinance 409 in Section 407.04 ADMINISTRATION,
and Section 407.05 PENALTIES, as follows:
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 billed and collected as identified in St. Joseph Code of
Ordinance 409.
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.
th
This amendment is adopted this 17 day of July, 2017, and shall be effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published on , 2017.
CHAPTER IV – WATER & SEWER
ORDINANCE 408 WATER RATE ORDINANCE ............................................................ 408-1
Section 408.01: PURPOSE AND POLICY ................................................................. 408-1
Section 408.02: DEFINITIONS .................................................................................. 408-1
Section 408.03: RATES.............................................................................................. 408-1
Section 408.04: ADMINISTRATION ........................................................................ 408-2
Section 408.05: PENALTIES ..................................................................................... 408-3
Section 408.06: SEVERABILITY AND VALIDITY ................................................. 408-3
408-0
CHAPTER IV – WATER & SEWER
ORDINANCE 408 WATER RATE ORDINANCE
Section 408.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Water System on an equitable basis to provide funds for
the operation and maintenance, debt service, replacement and improvements to the St. Joseph
Water System.
Section 408.02. DEFINITIONS. Except as may otherwise be provide 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.
a. Account. A record of water service used by each property and the periodic costs for
those utility services.
b. St. Joseph Water System. Water transmission pipes, lines, fixtures, meters and all
necessary equipment and appurtenances owned or operated by the City utility system
for the purpose of providing water services for public or private use.
c. User. A property owner connected to the St. Joseph Water System.
d. Water Rate. A utility fee authorized
Section 408.03. RATES. To determine billable water, all users of the wastewater
system must have water meters installed to determine the amount of water used. The water rates
schedule will be adopted annually by the City Council as Appendix A of the St. Joseph Code of
Ordinances. In the event that after the rates are adopted, an apparent shortfall is determined, the
City Council will consider an amendment to Appendix A, using the same hearing process as
adopting the annual rates. The charges for service will be divided into two rates:
a. Water Line Charge: All users of the St. Joseph Water System will be billed a
proportionate share of the fixed costs of the water facilities. The fixed costs used to
determine the water 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
apartment or individual living unit shall be charged one unit per month.
The number of units will be multiplied by the monthly rate.
408-1
CHAPTER IV – WATER & SEWER
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 water services that are not listed above
shall be charged one unit cost per residential equivalent. Residential
equivalent shall consist of dividing the monthly water 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. Water Usage Charge: All Users of the St. Joseph Water System will be billed for
water calculated on the basis of metered water usage, or if applicable direct
wastewater metering. Annually the City will establish a budget for the water fund
and the budgeted costs less the fixed costs will be extrapolated into a per gallon water
use charge. The Water Use rate will be billed as follows:
i. Residential Uses – The water use charge shall be calculated on the basis of
metered water usage.
ii. Commercial/Industrial – The water use charge shall be calculated on the
basis of metered water usage.
iii. Mixed Use Facility – The water use charge shall be calculated on the basis
of the metered water usage. Each individual business in a multi-use
facility shall be required to have a separate meter and will be billed
separately.
iv. Other Uses – Manufactured Home Community Parks are responsible for
all infrastructure within the Park and will be billed for usage based on the
meter readings. The City shall not be responsible for billing the individual
tenants/property owners within the park.
Section 408.04. ADMINISTRATION. The Water Service Charge System and Water
Service Fund shall be administered according to the following provisions:
408-2
CHAPTER IV – WATER & SEWER
Subd. 1: The City shall maintain the Water 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 Water System and debt retirement.
Subd. 3: Bills for service shall be as regulated by St. Joseph Ordinance 409.
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. All accounts shall be carried in the name of the
owner of the property and the City does not have a responsibility to mail notices to tenants.
Section 408.05. 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 delinquencies 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 by any delinquent or past due
water 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 408.06. 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.
408-3
RESOLUTION 2017-039
ADOPTING ORDINANCE 408 WATER RATE ORDINANCE
The City Council for the City of St. Joseph, HEREBY ORDAINS:
The creation of Ordinance 408 Water Rate Ordinance, which reads as follows:
ORDINANCE 408 WATER RATE ORDINANCE
Section 408.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Water System on an equitable basis to provide funds for
the operation and maintenance, debt service, replacement and improvements to the St. Joseph
Water System.
Section 408.02. DEFINITIONS. Except as may otherwise be provide 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.
a. Account. A record of water service used by each property and the periodic costs for
those utility services.
b. St. Joseph Water System. Water transmission pipes, lines, fixtures, meters and all
necessary equipment and appurtenances owned or operated by the City utility system
for the purpose of providing water services for public or private use.
c. User. A property owner connected to the St. Joseph Water System.
d. Water Rate. A utility fee authorized
Section 408.03. RATES. To determine billable water, all users of the wastewater system
must have water meters installed to determine the amount of water used. The water rates schedule
will be adopted annually by the City Council as Appendix A of the St. Joseph Code of
Ordinances. In the event that after the rates are adopted, an apparent shortfall is determined, the
City Council will consider an amendment to Appendix A, using the same hearing process as
adopting the annual rates. The charges for service will be divided into two rates:
a. Water Line Charge: All users of the St. Joseph Water System will be billed a
proportionate share of the fixed costs of the water facilities. The fixed costs used to
determine the water line charge will be equated to a charge per unit and the unit
charges shall be applied as follows:
611-1
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
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 water services that are not listed above
shall be charged one unit cost per residential equivalent. Residential
equivalent shall consist of dividing the monthly water 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. Water Usage Charge: All Users of the St. Joseph Water System will be billed for
water calculated on the basis of metered water usage, or if applicable direct wastewater
metering. Annually the City will establish a budget for the water fund and the
budgeted costs less the fixed costs will be extrapolated into a per gallon water use
charge. The Water Use rate will be billed as follows:
i. Residential Uses – The water use charge shall be calculated on the basis of
metered water usage.
ii. Commercial/Industrial – The water use charge shall be calculated on the
basis of metered water usage.
iii. Mixed Use Facility – The water use charge shall be calculated on the basis
of the metered water usage. Each individual business in a multi-use facility
shall be required to have a separate meter and will be billed separately.
iv. Other Uses – Manufactured Home Community Parks are responsible for all
infrastructure within the Park and will be billed for usage based on the
meter readings. The City shall not be responsible for billing the individual
tenants/property owners within the park.
611-2
Section 408.04. ADMINISTRATION. The Water Service Charge System and Water
Service Fund shall be administered according to the following provisions:
Subd. 1: The City shall maintain the Water 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 Water System and debt retirement.
Subd. 3: Bills for service shall be as regulated by St. Joseph Ordinance 409.
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. All accounts shall be carried in the name of the owner
of the property and the City does not have a responsibility to mail notices to tenants.
Section 408.05. 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 delinquencies 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 by any delinquent or past due water 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 408.06. 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.
611-3
This Ordinance was adopted by the majority of the City Council on this 17th day of July, 2017
and shall become effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published in the St. Joseph Newsleader on .
611-4
CHAPTER IV – WATER & SEWER
ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR COLLECTION
OF DELINQUENT CHARGES .......................................................................................... 409-1
Section 409.01: PURPOSE AND POLICY ............................................................. 409-1
Section 409.02: DEFINITIONS .................................................................................. 409-1
Section 409.03: ACCOUNTS ..................................................................................... 409-1
Section 409.04: BILLING .......................................................................................... 409-1
Section 409.05: SHUT OFF FOR NONPAYMENT ................................................... 409-2
Section 409.06: CERTIFICATION FOR COLLECTION WITH TAXES ................... 409-2
Section 409.07: DISCONNECTION OF CITY WATER UTILITY-CUSTOMER
REQUESTED ............................................................................................................. 409-3
Section 409.08: DISCONNECTION OF CITY WATER UTILITY-CITY DIRECTED
.................................................................................................................................... 409-3
Section 409.09: OTHER REMEDIES ......................................................................... 409-4
409-0
CHAPTER IV – WATER & SEWER
ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR
COLLECTION OF DELINQUENT CHARGES
Section 409.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Utility System on an equitable basis to provide funds
for the operation and maintenance, debt service, replacement and improvements to the Utility
System operated by the City.
Section 409.02. DEFINITIONS. Except as may otherwise be provide 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.
a. Account. A record of utility services used by each property and the periodic costs
for those utility services.
b. City. The City of St. Joseph County of Stearns, State of Minnesota
c. City Utility System. Facilities used for providing public utility service owned or
operated by the City or agency thereof, including sewer, street lighting, storm sewer,
refuse and water service.
d. User. A property owner connected to the St. Joseph Utility System.
e. Utility Rate Schedule. A schedule of all utility rates and charges set by Ordinance, as
Exhibit A, of the St. Joseph Code of Ordinances.
Section 409.03. ACCOUNTS. All accounts shall be carried in the name of the property
owner. The City shall not be responsible for sending utility statements to tenants. The property
owner shall be liable for the sewer, street lighting, storm sewer, refuse and water services
whether he or she is occupying the property or not, and any unpaid charges shall be a lien upon
the property.
Section 409.04. BILLING. Street lighting, sewer, storm sewer, refuse and water shall be
billed on one bill as applicable to each account. All charges for street lighting, sewer, storm
th
sewer, refuse and water shall be due upon receipt and considered delinquent after the 15 day of
the following month.
a. Bills shall be mailed to the customers bimonthly and shall specify the water
consumed and the sewer, street lighting, refuse and storm water charges in
accordance with the then current utility rate schedule.
409-1
CHAPTER IV – WATER & SEWER
b. A late payment penalty as set out in the Utility Rate Schedule shall be assessed on all
accounts with a past due balance.
Section 409.05. SHUT OFF FOR NONPAYMENT. Water shall not be shut-off until
notice and an opportunity for a hearing before the city council or an employee designated by the
city council have been provided to the occupant and owner of the premises involved.
a. If any bill is not paid by the due date listed on the bill, a notice of disconnect will be
mailed by first class mail and shall state that if payment is not made within fifteen
days of the mailing of the second bill, water service to the premises will be shut off
for nonpayment.
b. The second bill and shut-off notice shall contain the title, address and telephone
number of the official in charge of billing; the title, address and phone number shall
be clearly visible and easily readable.
c. The notice shall also state that any occupant or owner has the right to a hearing before
the water service is shut off. The owner or occupant may be represented in person
and by counsel or any other person of his or her choosing. The owner or occupant
may present orally or in writing his or her complaint to the city official in charge of
utility billing. This official shall be authorized to order continuation of the
customer’s service and shall have the authority to adjust the customer’s bill or enter
into a mutually agreeable payment plan.
d. If an occupant or owner request a hearing, the water shall not be shut off until the
hearing process is complete.
e. If a customer fails to pay and fails to request a hearing under this part, water service
will be shut off at the time specified in the notice, but not until the charges have been
due and unpaid for at least 30 days.
f. If the water service has been terminated for nonpayment, the occupant or owner must
pay the reconnection fee as set out in the Utility Rate Schedule. In addition, if the
owner or occupant requests to turn the water on after normal work hours, a two hour
minimum call out for the maintenance staff to restore service will be charged in
addition to the reconnection fee.
Section 409.06. CERTIFICATION FOR COLLECTION WITH TAXES. Unpaid
charges on utility accounts shall not be certified to the county auditor until notice and an
opportunity for a hearing have been provided to the owner of the premises involved. The notice
shall be sent by first class mail and shall state that if payment is not made before the date of
certification, the entire amount unpaid plus penalties will be certified to the county auditor for
collection as other taxes are collected. The notice shall also state that the occupant may, before
such certification date, attend or schedule a public hearing on the matter to object to the
certification of unpaid utility charges.
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CHAPTER IV – WATER & SEWER
a. The owner of the property shall have the option of paying the balance due, including
any and all penalties on the account until the certification date. After the certification
date, payments will still be accepted until November 15 of the certification year and
will include interest charges as identified in Appendix A of the St. Joseph Code of
Ordinances.
b. A hearing shall be held on the matter by the City Council. Property owners with
unpaid utility charges shall have the opportunity to object to the certification of
unpaid charges to be collected as taxes are collected. If, after the hearing, the City
Council finds that the amounts claimed as delinquent are actually due and unpaid and
that there is no legal reason why the unpaid charges should not be certified for
collection with taxes in accordance with this ordinance, the City may certify the
unpaid charges to the county auditor for collection as other taxes are collected.
c. For each certification sustained, the property owner shall have the following options
after the hearing:
i. To pay the delinquent amount listed on the preliminary roll, but without
additional interest after the hearing, within thirty days of the hearing date.
ii. To pay the certified delinquent amount after the hearing date, but before the
county certification deadline, with interest at the rate set in the assessment roll
adoption of the City Council, accrued beginning on the thirty first day following
the hearing date of payment.
iii. To pay the certified charges as billed to them by the County on their property tax
statement with a collection term of one year.
Section 409.07. DISCONNECTION OF CITY WATER UTILITY – CUSTOMER
REQUESTED. Any City water service property owner desiring to discontinue the use of City
water must make a request to disconnect the service to the City Offices. The City Offices will
have the service shut off by authorized personnel.
a. No unauthorized person will shut off the water service.
b. A fee, to be determined from time to time by ordinance of the City Council, will be
charged for disconnecting service. A separate fee will be charged for restoring
services.
c. Disconnection of water service shall not relieve the property owner from being billed
for the minimum charges for all utilities available to the property as adopted by
ordinance by the City Council.
Section 409.08. DISCONNECTION OF CITY WATER UTILITY – CITY DIRECTED.
The Public Works Director, to protect the public health and safety and in order to protect the
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CHAPTER IV – WATER & SEWER
public water supply and/or private property, may order the City water service immediately
disconnected to any property upon determining that any of the following conditions exist:
a. The property is vacant;
b. The property is unsecured;
c. The property is determined to be uninhabitable or unsuitable for occupancy;
d. Other utilities to the property providing heat and/or light have been shut off;
e. The property has plumbing that is failing or unsafe; or
f. That running water to the property create an unsanitary or unsafe condition to anyone
who may enter the property.
g. The property owner or occupant has refused access by authorized officials as
authorized by this Section.
Section 409.09. OTHER REMEDIES. In addition to any procedures or penalties
provided for this ordinance if any person, firm or corporation fails to comply with any provision
of this ordinance, the council or any city official designated by it may institute appropriate
proceedings at law or at equity to procure payment and or enforce the provisions of this
ordinance.
409-4
RESOLUTION 2017-040
ADOPTING ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR
COLLECTION OF DELINQUENT CHARGES ORDINANCE
The City Council for the City of St. Joseph, HEREBY ORDAINS:
The creation of Ordinance 409 Utility Accounts, Rates and Providing for Collection of
Delinquent Charges, which reads as follows:
ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR
COLLECTION OF DELINQUENT CHARGES
Section 409.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Utility System on an equitable basis to provide funds for
the operation and maintenance, debt service, replacement and improvements to the Utility System
operated by the City.
Section 409.02. DEFINITIONS. Except as may otherwise be provide 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.
a. Account. A record of utility services used by each property and the periodic costs for
those utility services.
b. City. The City of St. Joseph County of Stearns, State of Minnesota
c. City Utility System. Facilities used for providing public utility service owned or
operated by the City or agency thereof, including sewer, street lighting, storm sewer,
refuse and water service.
d. User. A property owner connected to the St. Joseph Utility System.
e. Utility Rate Schedule. A schedule of all utility rates and charges set by Ordinance, as
Exhibit A, of the St. Joseph Code of Ordinances.
Section 409.03. ACCOUNTS. All accounts shall be carried in the name of the property
owner. The City shall not be responsible for sending utility statements to tenants. The property
owner shall be liable for the sewer, street lighting, storm sewer, refuse and water services whether
he or she is occupying the property or not, and any unpaid charges shall be a lien upon the
property.
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Section 409.04. BILLING. Street lighting, sewer, storm sewer, refuse and water shall be
billed on one bill as applicable to each account. All charges for street lighting, sewer, storm
th
sewer, refuse and water shall be due upon receipt and considered delinquent after the 15 day of
the following month.
a. Bills shall be mailed to the customers bimonthly and shall specify the water consumed
and the sewer, street lighting, refuse and storm water charges in accordance with the
then current utility rate schedule.
b. A late payment penalty as set out in the Utility Rate Schedule shall be assessed on all
accounts with a past due balance.
Section 409.05. SHUT OFF FOR NONPAYMENT. Water shall not be shut-off until
notice and an opportunity for a hearing before the city council or an employee designated by the
city council have been provided to the occupant and owner of the premises involved.
a. If any bill is not paid by the due date listed on the bill, a notice of disconnect will be
mailed by first class mail and shall state that if payment is not made within fifteen days
of the mailing of the second bill, water service to the premises will be shut off for
nonpayment.
b. The second bill and shut-off notice shall contain the title, address and telephone
number of the official in charge of billing; the title, address and phone number shall be
clearly visible and easily readable.
c. The notice shall also state that any occupant or owner has the right to a hearing before
the water service is shut off. The owner or occupant may be represented in person and
by counsel or any other person of his or her choosing. The owner or occupant may
present orally or in writing his or her complaint to the city official in charge of utility
billing. This official shall be authorized to order continuation of the customer’s service
and shall have the authority to adjust the customer’s bill or enter into a mutually
agreeable payment plan.
d. If an occupant or owner request a hearing, the water shall not be shut off until the
hearing process is complete.
e. If a customer fails to pay and fails to request a hearing under this part, water service
will be shut off at the time specified in the notice, but not until the charges have been
due and unpaid for at least 30 days.
f. If the water service has been terminated for nonpayment, the occupant or owner must
pay the reconnection fee as set out in the Utility Rate Schedule. In addition, if the
owner or occupant requests to turn the water on after normal work hours, a two hour
minimum call out for the maintenance staff to restore service will be charged in
addition to the reconnection fee.
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Section 409.06. CERTIFICATION FOR COLLECTION WITH TAXES. Unpaid charges
on utility accounts shall not be certified to the county auditor until notice and an opportunity for a
hearing have been provided to the owner of the premises involved. The notice shall be sent by
first class mail and shall state that if payment is not made before the date of certification, the
entire amount unpaid plus penalties will be certified to the county auditor for collection as other
taxes are collected. The notice shall also state that the occupant may, before such certification
date, attend or schedule a public hearing on the matter to object to the certification of unpaid
utility charges.
a. The owner of the property shall have the option of paying the balance due, including
any and all penalties on the account until the certification date. After the certification
date, payments will still be accepted until November 15 of the certification year and
will include interest charges as identified in Appendix A of the St. Joseph Code of
Ordinances.
b. A hearing shall be held on the matter by the City Council. Property owners with
unpaid utility charges shall have the opportunity to object to the certification of unpaid
charges to be collected as taxes are collected. If, after the hearing, the City Council
finds that the amounts claimed as delinquent are actually due and unpaid and that there
is no legal reason why the unpaid charges should not be certified for collection with
taxes in accordance with this ordinance, the City may certify the unpaid charges to the
county auditor for collection as other taxes are collected.
c. For each certification sustained, the property owner shall have the following options
after the hearing:
i. To pay the delinquent amount listed on the preliminary roll, but without additional
interest after the hearing, within thirty days of the hearing date.
ii. To pay the certified delinquent amount after the hearing date, but before the county
certification deadline, with interest at the rate set in the assessment roll adoption of
the City Council, accrued beginning on the thirty first day following the hearing
date of payment.
iii. To pay the certified charges as billed to them by the County on their property tax
statement with a collection term of one year.
Section 409.07. DISCONNECTION OF CITY WATER UTILITY – CUSTOMER
REQUESTED. Any City water service property owner desiring to discontinue the use of City
water must make a request to disconnect the service to the City Offices. The City Offices will
have the service shut off by authorized personnel.
a. No unauthorized person will shut off the water service.
611-3
b. A fee, to be determined from time to time by ordinance of the City Council, will be
charged for disconnecting service. A separate fee will be charged for restoring
services.
c. Disconnection of water service shall not relieve the property owner from being billed
for the minimum charges for all utilities available to the property as adopted by
ordinance by the City Council.
Section 409.08. DISCONNECTION OF CITY WATER UTILITY – CITY DIRECTED.
The Public Works Director, to protect the public health and safety and in order to protect the
public water supply and/or private property, may order the City water service immediately
disconnected to any property upon determining that any of the following conditions exist:
a. The property is vacant;
b. The property is unsecured;
c. The property is determined to be uninhabitable or unsuitable for occupancy;
d. Other utilities to the property providing heat and/or light have been shut off;
e. The property has plumbing that is failing or unsafe; or
f. That running water to the property create an unsanitary or unsafe condition to anyone
who may enter the property.
g. The property owner or occupant has refused access by authorized officials as
authorized by this Section.
Section 409.09. OTHER REMEDIES. In addition to any procedures or penalties provided
for this ordinance if any person, firm or corporation fails to comply with any provision of this
ordinance, the council or any city official designated by it may institute appropriate proceedings at
law or at equity to procure payment and or enforce the provisions of this ordinance.
This Ordinance was adopted by the majority of the City Council on this 17th day of July, 2017
and shall become effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published in the St. Joseph Newsleader on .
611-4
RESOLUTION 2017-041
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
ORDINANCE AMENDMENTS
RECITALS:
WHEREAS, on July 17, 2017, the City Council for the City of St. Joseph amended the following
ordinances: Ordinance 401 MUNICIPAL WATER SYSTEM, Ordinance 403 SEWER RATE
ORDINANCE, Ordinance 405 STORM WATER UTILITY, and Ordinance 407 STREET LIGHT
UTILITY. The amendment removed provisions for billing and added language to reference Ordinance
409; and
WHEREAS, on July 17, 2017, the City Council adopted Ordinance 408 WATER RATE
ORDINANCE to include: Purpose/Policy, Definitions, Rates, Administration, Penalties, and Severability
and Ordinance 409 UTILITY BILLING AND COLLECTION to include Purpose/Policy, Definitions,
Accounts, Billing, Shutoff, Certification, Disconnections – City Directed; Other remedies; and
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS, the full text of the amended Ordinances are available at the City Offices, 75
Callaway St E or on the City website, www.cityofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2017, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator