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
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Don R. Larson,
Publisher
Subscribed and sworn to before me this. ..\ day of .. , 19, S
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C.;. J. ! Ar..so;'d
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N;Y Cvw.<EXPIRES;
MA'( 10, 1980
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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.