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ORD 12-06ORDINANCE NO. 12- 06 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78, ARTICLE I OF THE ELK RIVER CODE OF ORDINANCES TO ADD NEW DIVISION 1, PROVIDING FOR PAYMENT AND ASSESSMENT OF THE COSTS TO REPAIR PRIVATE UTILITY LINES The City Council of the City of Elk River hereby ordains as follows: Section 1. That Chapter 78, Article I of the City of Elk River Code of Ordinances shall be amended to add new Division 1, which shall read as follows: Division 1. Payment and Assessment of Costs to Repair Private Utility Lines. Section 78 -1. Findinp, of Public Health and Safety Hazard. a) The City Council finds that failure to maintain in good, operable condition private water and sanitary sewer utility lines creates public health and safety hazards on private property which must be eliminated. b) In addition to the provisions of chapter 46, article II of this code, which declares defective sewage systems and plumbing a nuisance affecting the public's safety and health and authorizes the City to abate such nuisances and to assess the costs therefor to the affected properties, the City Council finds that it is necessary and in the public interest to provide a mechanism for costs incurred by private property owners to eliminate such public health and safety hazards on private property to be assessed against the property as a special assessment. Section 78 -2. Petition Authorized. Property owners who have private water and/or sanitary sewer lines which have failed, and such failure has been determined by City land development staff to be a public health or safety hazard, may petition the City, on a form provided by the City, to pay the costs to repair the private utility lines and to assess amounts paid as a special charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions in its sole discretion, and may impose such conditions and requirements to acceptance as it deems appropriate. Section 78 -3. Work to be Completed by Property Owner. If a petition to pay and assess the costs of repair is accepted by the City, installation of • the required repairs to private utility lines on private property shall be the responsibility of the property owner, shall be contracted for by the property owner, shall be completed by the property owner as required by the policies and ordinances of the City of Elk River and Elk River • Municipal Utilities, and shall be inspected and accepted by the city building official before payment of costs is made. Section 78 -4. Payment and Assessment of Costs Authorized. a) Upon completion and acceptance by the City of all work required, the City will make payment to the party or parties who performed the work in an amount not to exceed that set forth in the petition accepted by the City. Such payment by the City shall constitute a special charge against the affected property pursuant to Minnesota Statutes, Section 429.101 and shall be specially assessed against the property by the City pursuant to the provisions of Minnesota Statutes, Section 429.101. Special assessments levied under this Section shall be payable in a single installment, or by up to 10 equal annual installments, as provided by the City Council. b) The City Council shall establish, and may amend from time to time, policies regarding: (i) projects eligible for this program; (ii) petitions which may be accepted by the City Administrator; (iii) petitions which may only be accepted by the City Council; (iv) the number of annual installments over which amounts paid and assessed will be levied; and (v) the interest rate applicable to unpaid installments. Section 2. That this Ordinance shall be published and take effect as provided by law. Passed and adopted by the City Council of the City of Elk River this o�� day of 2012. Jo J. etz Mayor Atte . Tina Allard City Clerk ORDINANCE N0,12 -06 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78, ARTICLE I OF THE ELK RIVER CODE OF ORDI- NANCES TO ADD NEW DIVI- SION 1, PROVIDING FOR PAYMENT AND ASSESS- MENT OF THE COSTS TO REPAIR PRIVATE UTILITY LINES The City Council of the City of Elk River hereby ordains as follows: Section 1. That Chapter 78, Article I of the City of Elk River Code of Ordinances shall be amended to add new Divi- - eiowl, which shall readas,fol- Iows; Division I. Payment and Assessment of Costs to Repair Private Utility Lines. Section 78 -1. Finding of Pub- lic Health and Safety Hazard. a) The City Council finds that failure to maintain in good, operable condition private water and sanitary sewer util- ity lines createe public health and safety hazards on private property which must be elimi- nated. b) In addition to the provi- sions of chapter 146, article II of this code, which declares defec- tive sewage systems and olumbina a nuisance affecting to provide a Mechanism for costs incurred by private prop- erty owners to eliminate such public health and, safety haz- ards on private property to be assessed against the property as a special assessment. Section 78 -2. petition Autho- rized. Property owners who have • private dater and/or sanitary sewer lines which have failed, and such failure has been determined by Pity land devel- opment staff to be a public health or safety hazard, may petition the City, on a form provided by the, City, to pay the costs to repair the private util- ity lines and to assess amounts paid as a special charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions in its sole discretion, and may impose such conditions and require- ments to acceptance as it deems appropriate. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF SHERBURNE SS Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A)The Newspaper has complied with all ofthe requirements con stituti n g qualifications as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 7th day of April, 2012, and was therefore printed and published on every Saturday to and including Saturday, the 7th day ofApril, 2012, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwxyz �� a i1xv Office Manager Subscribed and sworn to before me on this 7th day of April, 2012 Notary Public z SHELLY RAE W— E— S p ER NOTARY PUBLIC MINNESOTA MY Commissscn Expires Jar 31, _015 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,965,904 $ 21.00 (line, word or inch rate) $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) Section 78 -3. Work to be Completed by Property Owner. If a petition to pay and assess the costs of repair is accepted by the City, installation of the required repairs to private utility lines on privateprop- erty shall be the responsibility of the iproperty owner, shall be contracted for by the property owner, shall be completed by the property owner as required by the, policies and ordinances of the City of Elk River and Elk River Municipal Utilities, and shall be inspected and accepted by the city building official before, payment of costs is made. Section 78 -4. Payment and Assessment of Costs Autho- rized. a) Upon completion and accep- tance by the City of all work required; the City will make payment to the party or par- ties who performed the work in an amount not to exceed that set forth in the petition accepted by the City. Such payment by the City shall con- stitute a special charge against the affetted property pursuant .to Minnesota Statutes, Section 429.101; and shall be specially assessed against: the property by the City pursuant to the provisions of Minnesota Stat- utes, Section 429.101. Special assessments levied under this Section ishall be payable in a single installment, or by up to 10 equal annual installments, as provided by the Cit *:mod "'tue Lxtiy Administrator; (iii) petitions which may only be accepted by the City Council; (iv) the num- ber of annual installments over which amounts paid and assessed will be levied; and (v) the interest rate applicable to unpaid inotalbnents. Section1. That this Ordi- nance shall be published and take effeo as provided by law. Passed and adopted by the City Council of the City of Elk River this 2nd day of April, 2012 John J. Dietz Mayor Attest: Tina Allard City Clerk, �(Ap7)