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HomeMy Public PortalAbout170 Affidavit of PublicationAFFIDAVITT OF PUBLICATION CROW RIVER NEWS Rockford and Osseo, Minnesota State of Minnesota County of Hennepin l SS. County of Wright DON R. LARSON, being duly sworn, on oath says: that he now is and during all the time herein stated has been DON R. LARSON, the publisher and printer of the newspaper known as the Crow River News, and has full knowledge of the facts herein stated. That for more than,one year immediately prior to the publication therein of the printed Notice pity of Medina Ordinance No. 170 hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin and County of Wright, State of Minnesota, on Wednesday and Saturday of each week in column and sheet form equivalent in space to 450 running inches of single column 21/2 inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE CROW RIVER NEWS has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its known place of publication; has contained general news, com- ments and miscellany; has not duplicated any other publication; has not been entirely made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; .and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed Notice City of Medina Ordinance No. 170 hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once 4 week for..., syccessive weeks; that it was first so published on the .0 day ofaY 19 7.eand thereafter on of each week to and including the day of , 19 ; and that the following is a copy of the lower case alphabet which is acknowledged to hgye be tie size and kind of type used in the publication of said Ord inanc e 1V o .f abcdefghijklmnopgrst wxyz Don R. Larson, Publisher Subscribed and sworn to before me this. ..\ day of .. , 19, S C—AKAkks, C.;. J. ! Ar..so;'d -'dt,�F aid COUNT' MINN.,, N;Y Cvw.<EXPIRES; MA'( 10, 1980 VVV'VVV'V"VVVVVVVVWWI( NOTICE, MEDINA ORDINANCE NO. 170 ORDINANCE ESTABLISHING AN IN- DUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ES- TABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAIN- TENANCE COSTS OF WASTE TREAT- MENT SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SER- VED IN CONNECTION WITH SUCH STRENGTH CHARGE. BE IT ORDAINED by the City Council of the City of Medina, County of Hennepin, Minnesota, as follows: Section 1. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Min- nesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, subdivision 24) to recover operation and maintenance costs of treatment works at- tributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In An - der for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commis- sion, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Further- more, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served. Section 2. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). Section 3. Establishment of Strength Charge Formula. For the purpose of com- putation of the Strength Charge es- tablished by Section 2 hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of dis- posal of the sewage produced through an evaluation of pollution qualities and quan- tities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment ser- viced provided by the Commission. Section 4 Strength Charge Payment. It is hereby approved, adopted and es- tablished that the Strength Charge es- tablished by Section 2 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next suc- ceeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be [delinquent if not so paid to the billing en- Aity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay in- terest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. Section 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Sec - lion 444.07a, Subdivision 3, It is hereby ap- proved, adopted and established that if payment of the Strength Charge es- tablished by Section 2 hereof is not paid before the sixtieth (60th) day next suc- ceeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 4 hereof, shall be deemed to be a charge against the owner, lessee and oc- cupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon un- der any other available remedy. Section 6. Severability. In the event any provision of this ordinance shall be held in- valid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 7. Effectiveness. This ordinance shall take effect immediately. Passed by the Council of the City of Medina, Hennepin County, Minnesota, this 18th day of April, 1978. ATTEST: Donna Roehl Clerk s/ Wayne Neddermeyer Mayor Published in the Crow River News Wed- nesday, May 10, 1978.