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4.2. ERMUSR 09-15-2010Elk River ~" Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 UTILITIES COMMISSION MEETING ~~~ ~~ Phone: 763.441.2020 Fax: 763.441.8099 TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. -Director of Operations John Dietz, Chair Jerry Gumphrey, Vice Chair Dar 1 Thom son, Trustee MEETING DATE: AGENDA ITEM NUMBER: Se tember I5, 2010 4.2 SUBJECT: Pro osed Revision to Water Use Restrictions Ordinance 78-51 DISCUSSION: At the August Utilities Commission meeting, direction had been given to draft a revision to Ordinance 78-51 that would give authorization of the Utilities Commission to restrict water in cases of emergency to properties within the City whether they were served by ERMU or not. Attached is the proposed ordinance revision. ACTION REQUESTED: Staff recommends approving the proposed revision to the water use restriction ordinance to be sent to the City Council for review and consideration. ORDINANCE NO. 10-_ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 78-51 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO PROVIDE THAT WATER USE RESTRICTIONS SHALL APPLY TO ALL PROPERTIES WITHIN THE CITY WHETHER SERVED BY THE CITY WATER SYSTEM OR BY PRIVATE WELLS Findings of Fact The City Council of the City of Elk River finds that it is necessary, from time to time, to impose restrictions on the use of water within the City to ensure adequate water supplies to meet the health, safety and welfare needs of the City and its residents. The City Council further finds that it is necessary to apply these water restrictions to all properties within the City, whether those properties aze served by the City water system or by private wells, because private wells typically draw from the same aquifers as the City water system and because it is necessary for enforcement purposes to have uniform restrictions throughout the City. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 78-51, entitled Water Use Restrictions, of the Elk River City Code of Ordinances, shall be amended to read as follows: Section 78-51. Water Use Restrictions. The Public Utility Commission of the City is hereby authorized to invoke water use restrictions in cases of emergency to ensure adequate water supplies to meet the health, safety, and welfaze needs of the City and its residents. Such water use restrictions shall apply to all properties within the City, whether those properties aze served by the City water system or by private wells, shall be invoked by resolution of the Public Utility Commission, and shall take effect immediately upon adoption of such resolution. The Public Utility Commission may designate its general manager or water superintendent authority to impose temporary water use restrictions until the commission can meet to consider a resolution. The penalties imposed below in Section 78-52 maybe invoked upon publication of the resolution imposing restrictions. 1. That this Ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this day of .2010. Stephanie Klinzing Mayor Attest: Tina Allard City Clerk ce:zsatz~o ~i