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ORD 10-18ORDINANCE NO. 10 --g_ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD A NEW ARTICLE IV PROVIDING FOR OPERATION OF THE CITY ELECTRICAL SYSTEM The City Council of the City of Elk River does hereby ordain as follows: Section 1. That a new Article IV shall be added to Chapter 78 of the Elk River City Code of Ordinances, to read as follows: ARTICLE IV. ELECTRIC SYSTEM DIVISION 1. GENERALLY Section 78 -311. Operation of Electric System. The City Electric System shall be operated and maintained by the Elk River Municipal Utilities (ERMU), which may enter into such agreements as it deems appropriate with the City to assist in the operation and maintenance of the • Electric System. Section 78 -312. Rules and Regulations. ERMU shall have the authority to adopt such rules and regulations for operation and use of the Electric System as it shall deem appropriate. Such rules and regulations shall be valid and enforceable, to the extent they are consistent with other law, including this Code. DIVISION 2. PROVISION OF ELECTRIC SERVICE Section 78 -321. Rules and Regulations. ERMU shall have the authority to establish rules and regulations for the provision of electric service to properties within ERMU's service area in the City of Elk River, including requirements for deposits or other security to secure payment for electric service or other fees. DIVISION 3. RATES AND CHARGES Section 78 -331. Rates and Charges. • ERMU shall have the authority to establish rates and charges for the provision of electric services. 0 DIVISION 4. PROHIBITIONS AND PENALTIES Section 78 -341. Meter Tampering. No customer of ERMU, or any other person not authorized by ERMU, shall at any time attempt to connect or disconnect electrical service to a property, nor shall any person break the seal on a meter, remove a meter, reverse the meter direction, add additional equipment that bypasses an electric meter, set a bypass arm up instead of down, or in any other way tamper or interfere with an electric meter or the operation of an electric meter. Section 78 -351. Penalties. Violation of any of the provisions of this Chapter 78, Article IV of the Elk River City Code of Ordinances will be cause for ERMU to discontinue electric service to the customer or property where the violation has occurred. In addition, customers or persons who have violated Section 78 -341, Meter Tampering, shall be subject to a $250 civil penalty and shall be liable to ERMU for all of ERMU's cost to repair its facilities, including costs of mobilization to the address where the repair is necessary. Violations of Section 78 -341 shall also be a misdemeanor offense under the provisions of this City Code of the City of Elk River. • Section 2. 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 11th day of October , 2010. Steph ie Klinzing Mayor ATTEST: Tina Allard City Clerk GP:2841320 vi • AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS A1vcExo .lo -18 COUNTY OF SHERBURNE ) OF EC RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the ORDINANCES TO ADD A NEW ARTICLE IV Newspaper known as the Star News, and has full knowledge of the facts which are stated PROVIDING FOR below: OPERATION OF THE CITY ELECTRICAL SYSTEM (A)The Newspaper has complied with all oftherequirements constituting qualifications The City Council of the City of Elk River does hereby ordain as as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other . follows: applicable laws, as ammended. Section 1.That a new Article IV shalom wed aAC apter 78 (B) The printed legal notice, which is attached was cut from the columns of said of the Elk River Ci-W Code newspaper and was printed and published once a week for one week; it was first published Ordinances, to read as follows: : ARTICLE IV. ELECTRIC on Saturday, the 16th day of October, 2010, and was therefore printed and published on SYSTEM every Saturday to and including Saturday, the l 6th day of October, 2010, and printed below DIVISION 1. GENERALLY Section 78-311. Operation is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby of Electric System. acknowledged as being the size and kind of type used in the composition and publication of The City Electric System the notice shall be.operated and main - tairied'by the Elk River Municipal Utilities - (ERMU), which may enter into such a b c d e f g h i j kImnopgrstuvwxyz agreements as it deems appro- priate with the City to assist in ---the operation and maintenance 'the Electric System. Section 78 -312. Rules and Regulations. ERMU shall have the authority to adopt such rules and regulations for operation and use of the Electric System Sales Manager as it shall deem appropriate. Such rules and regulations shall be valid and enforceable, Subscribed and sworn to before me on to the extent they are consis- this 16th day of October, 2010 tent with other law, including this Code. DIVISION 2. PROVISION OF ELECTRIC SERVICE „� HEf pl J Sectiuir1&S21. Rules and HOTq 0 Q1JAiVRU0 Regulations. ERMU shall have the _�J ��i Mpoo M1P41V S U LIC authority to establish rules and i lyw"W1n sarA regulations for the provision of 3t, ZOte electric service to properties within ERMU's service area in the'City of Elk River; including Notary Public requirements for deposits or ------------------------------------------------------------ other security to secure pay- ment for electric service or other fees. RATE INFORMATION (1) Lowest classified rate paid by commercial $ 21.00 users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the $ 15.50 above matter (line, word or inch rate) (3) Rate actually charged for the above $ 15.00 matter (line, word or inch rate) 2,382,272 DIVISION 3. RATES AND CHARGES Section 78 -331. Rates and Charges. ERMU shall have the authority to establish rates and charges for the provision of electric services. DIVISION 4. PROHIBITIONS AND PENALTIES jection 78 -341. Meter j['ampering. No customer of ERMU, or any other person not autho- rized by ERMU, shall at any time attempt to connect or dis- connect electrical service to a property, nor shall any person break the seal on a meter, remove a meter, reverse the meter direction, add additional equipment that bypasses an electric meter, set a bypass arm up instead of down, or in any other way tamper or interfere with an electric meter or the operation of an electric meter. Section 78 -351. Penalties. Violation of any of the provi- sions of this Chapter 78, Article IV of the Elk River City Code of Ordinances will be cause for ERMU to discontinue electric service to the customer or property where the violation has occurred. In addition, cus- tomers or persons who have violated Section 78 -341, Meter Tampering, shall be subject to a $250 civil penalty and shall be liable to ERMU for all of ERMU's cost to repair its facili- ties, including costs of mobili- zation to the address where the repair is necessary. Violations of Section 78 -341 shall also be a misdemeanor offense under the provisions of this City Code of the City of Elk River. Section 2. That this Ordi- nance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 11th day of October, 2010. Stephanie Mining Mayor ATTEST: Tina Allard City Clerk (016) r N DIVISION 3. RATES AND CHARGES Section 78 -331. Rates and Charges. ERMU shall have the authority to establish rates and charges for the provision of electric services. DIVISION 4. PROHIBITIONS AND PENALTIES jection 78 -341. Meter j['ampering. No customer of ERMU, or any other person not autho- rized by ERMU, shall at any time attempt to connect or dis- connect electrical service to a property, nor shall any person break the seal on a meter, remove a meter, reverse the meter direction, add additional equipment that bypasses an electric meter, set a bypass arm up instead of down, or in any other way tamper or interfere with an electric meter or the operation of an electric meter. Section 78 -351. Penalties. Violation of any of the provi- sions of this Chapter 78, Article IV of the Elk River City Code of Ordinances will be cause for ERMU to discontinue electric service to the customer or property where the violation has occurred. In addition, cus- tomers or persons who have violated Section 78 -341, Meter Tampering, shall be subject to a $250 civil penalty and shall be liable to ERMU for all of ERMU's cost to repair its facili- ties, including costs of mobili- zation to the address where the repair is necessary. Violations of Section 78 -341 shall also be a misdemeanor offense under the provisions of this City Code of the City of Elk River. Section 2. That this Ordi- nance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 11th day of October, 2010. Stephanie Mining Mayor ATTEST: Tina Allard City Clerk (016) r