Loading...
ORD 12-18 ORDINANCE NO. 12-18 • CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTIONS 78-21 AND 78-97 OF THE ELK RIVER CODE OF ORDINANCES, REQUIRING CONNECTION TO THE PUBLIC WATER UTILITY AND THE PUBLIC SANITARY SEWER SYSTEM The City Council of the City of Elk River hereby ordains as follows: Section 1. That Section 78-21 of the City of Elk River Code of Ordinances shall be amended to read as follows: (1) All buildings connected to the water utility shall remain connected to the water utility for so long as the building is occupied or used for any purpose. (2) All buildings constructed on property to which water utility service is available at the time a certificate of occupancy is issued for the building shall be required to connect to the water utility prior to occupancy. (3) All buildings to which water utility service becomes available following legal occupancy of the building shall be required to connect to the water utility,provided that the water utility is within 300 feet of the structure requiring service and the water utility is located in a public • right-of-way or easement for utility purposes adjacent to the property, as follows: (a) Connection shall be required if either the well or septic system serving the building fails; and (b) Connection shall be required prior to sale of the building or the property on which the building sits. Section 2. That Section 78-97, Subsections (d) and (e), of the City of Elk River Code of Ordinances shall be amended to read as follows: (d) All buildings constructed on property to which a public sewer is available at the time a certificate of occupancy is issued for the building shall be required to connect to the public sewer prior to occupancy. All buildings to which a public sewer becomes available following legal occupancy of the building shall be required to connect to the public sewer, provided that the public sewer is within 300 feet of the structure generating wastewater and the public sewer is located in a public right-of-way or easement for utility purposes adjacent to the property, as follows: i. Connection shall be required if either the septic system or well serving the building or property fails and needs replacement;and ii. Connection shall be required prior to the sale of the building or the property on • which the building sits. (e) If sewer connections are not made pursuant to subsection (d) above, the City shall serve • written notice on the affected property owner stating that if the connection is not made within 90 days after the date of such notice, the connection will be made by the City at the expense of the owner and that,if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment,when levied, shall be a lien against the property and shall bear interest at the legal rate for local improvements and shall be certified to the county auditor and collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this subsection shall be in addition to other remedial or enforcement rights provided under this division. Section 3. 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 10th day of December, 2012. %dibui& v In" etz 10 ayor Attest: • Tina Allard �� City Clerk GP:3300785 vl • ORDINANCE NO 12-18 CITY OF ELK RIVER AFFIDAVIT OF PUBLICATION AN ORDINANCE OF THE CITY OF ELK RIVER • AMENDING SECTIONS 78-21 AND 78-97 OF,THE ELK RIVER CODE OF ORDI- NANCES,REQUIRING CONY- STATE OF MINNESOTA ) NECTION TO THE PUBLIC WATER UTILITY AND THE COUNTY OF SHERBURNE SS PUBLIC SANITARY SEWER ) SYSTEM The City Council of the City of Elk River hereby ordains as follows: ' Section 1.That Section 78-21 Heidi Quanrud, being duly sworn on oath says that she is the of the City of Elk River Code of Ordinances shall be amended office manager of the Newspaper known as the Star News,and has to read as follows: full knowledge of the facts which are stated below: (1)All buildings connected to the water utility shall remain (A) The Newspaper has complied with all of the requirements connected to the water utility for so long as the building is constituting qualifications as a qualified newspaper,as provided by occupied or used for any pur- Minnesota Statue 331A.02, 331A.07 and other applicable laws, as pose. ammended. (2)All buildings constructed on property to which water utility service is available at (B)The printed legal notice,which is attached was cut from the the time a certificate of occu- columns of said newspaper and was printed and published once a pancy is issued for the building week for one week;it was first published on Saturday,the 15th day of shall be required to connect to the water utility prior to occu- December, 2012,and was therefore printed and published on every pancy. Saturday to and including Saturday,the 15th day of December,2012. (3)All buildings to which water utility service becomes available following legal occu-. I pancy of the building shall be - ` 1 required to connect to the �j/� water utility,provided that the .water utility is within 300 feet • of the structure requiring ser- vice and'the water utility is Office Manager Located in a public right-of-way or easement for utility pur- Subscribed and sworn to before me on poses adjacent to the property, this 15th day y of December,2012 (a)Connection shall be (required if either the well or !septic system serving the `building fails;and (b) Connection shall be required prior to sale.of;the building or the property on p which the building sits. Sectio 2.That Section 78-97 + ( ( tcy Subsections(d)and(e),of the Lii..946 """—` City of Elk River Code of Ordi- nances shall be afn.ended to ": SHELLY RAE WESTOVER read as follows: _ NOTARY PUBLIC (d)All buildings constructed MINNESOTA on property to which a public My Commission Expires Jan.31,2015 sewer is available at the time a Notary Public certificate of occupancy is issued for the building shall be required to connect to the pub- lic sewer prior to occupancy. All buildings to which a public RATE INFORMATION sewer becomes available fol- lowing legal occupancy of the building shall be required to (1)Lowest classified rate paid by $ 21.00 connect to the public sewer, provided that the public sewer commercial users for comparable space (line,word or inch rate) is within 300 feet of the struc- ture generating wastewater and the public sewer is located (2)Maximum rate allowed by law for $ 15.50 in a public right-of-way or S easement for utility purposes _ the above matter (line,word or inch rate) adjacent to the property, as—' follows: _ (3)Rate actually charged for the above matter $ 15.00 (line,word or inch rate) 3246443 410 i.Connection shall be required if either the septic system or well serving the building or property fails and needs replacement;and ii. Connection shall be required prior to the sale of the huilding or the property on which the building sits. (e)If sewer connections are not made pursuant to subsec- tion(d)above,the City shall serve written notice on the affected property owner stat- ing that if the connection is not made within 90 days after the date of such notice,the connec- tion will be made by the City at the expense of the owner and that if unpaid,the charge for • such work will be made a spe- cial assessment against the property concerned. Such assessment,when levied,shall be a lien against the property and shall bear interest at the legal rate for local improve- ments and shall be certified to the county auditor and col- lected and remitted to the City in the same manner as assess- ments for local improvements. The rights of the City under this subsection shall be in addi- tion to other remedial er ■enforcement rights provided under this division. Section 3. That this Ordi- nance shall be published and take effect as provided by law. Passed and adopted by the City Council of the City of Elk River this 10th day of Decem- ber,2012. John J.Dietz Mayor Attest: Tina Allard City Clerk (D15) c :g State of Minnesota ) )ss County of Sherburne ) CERTIFICATION I hereby certify that the attached Ordinance No. 12-18 is a true and correct copy of the Ordinance presented to and adopted by the City Council of the City of Ella River at a meeting therefore held in the City of Ell-,River, Minnesota, on the 10th day of December, 2013, as disclosed by the records of said City and of record in the office. Tina Allard, City C e (Seal) Office of the County Recorder Sherburne County, MN Doc. No. Certified,filed,and/or recorded on 7/8/2013 10:45 AM Michelle she,County Recorder %B eputy Fees: $46.00 774118 ORDINANCE N . 12-I8 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECT-IONS 78-21 AND 78-97 OF THE ELK RIVER CODE OF ORDINANCES, REQUIRING CONNECTION TO THE PUBLIC WATER UTILITY AND THE PUBLIC SANITARY SEWER SYSTEM The City Council of the City of Elk River hereby ordains as follows: Section 1. That Section 78-21 of the City of Elk River Code of Ordinances shall be amended to read as follows: (1) All buildings connected to the water utility shall remain connected to the water utility for so long as the building is occupied or used for any purpose. (2) All buildings constructed on property to which water utility service is available at the time a certificate of occupancy is issued for the building shall be required to connect to the water utility prior to occupancy. (3) All buildings to which water utility selvice becomes available following legal occupancy of the building shall be required to connect to the water utility=, provided that the water utility is within 300 feet of the structure requiring service and the water utility is located in a public right-of--,vay or easement for utility purposes adjacent to the property, as follows: (a) Connection shall be required if either the well or septic system serving the building fails; and (b) Connection shall be requited prior to sale of the building or the property on which the building sits. Section 2. That Section 78-97, Subsections (d) and (e), of the City= of Elk River Code of Ordinances shall be amended to read as follows: (d) All buildings constructed on property to which a public sever is available at the tune a certificate of occupancy is issued for the building shall be requited to connect to the public sewer prior to occupancy. All buildings to which a public sewer becomes available following legal occupancy of the building shall be required to connect to the public sewer, provided that the public sewer is within 300 feet of the structure generating wastewater and the public sewer is located in a public right-of-way or easement for utility= purposes adjacent to the property, as follows: i. Connection shall be requited if either the septic system or well Serving the building or property fails and needs replacement; and ii. Connection shall be required prior to the sale of the building or the property on which the building sits. (e) If sewer connections are not made pursuant to subsection (d) above, the City shall serve written notice on the affected property owner stating that if the connection is not made within 90 days after the date of such notice, the connection will be made by the City at the expense of the owner and that,if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment,when levied, shall be a lien against the property and shall bear interest at the legal rate for local improvements and shall be certified to the county auditor and collected and remitted to the City in the same manner as assessments for local i aprovements. The rights of the City under this subsection shall be in addition to other remedial or enforcement rights provided under this division. Section 3. That this Ordinance shall be published and take effect as provided by law. Passed and adopted by the Cif Council of the City of Elk River this 10`h day of December, 2012. J l n J. Dietz I\ /ayor Attest: r y Tina Allardf City Clerk GP:3300785 vl i C)I DING N E NO.1-2-I5 1 1 1 RIVE F IDAVIT OF PUBLICATI ORIJINAIti E 0F.THE cITY b ELF R ;E MENDING SECTIONS 8-21, A D f8-97 OF'THE ELK RIVED 'COD E OP1T1 N�LNCES REQUIRING CON-' STATE OF MINNESOTA ) ECTzca TO Tl ?LL,IC. WATER L ILIT r ND THE SS PUBLI-0 SANITARY SEWER COUNTY OFSHERBURNE ) SYSTEM The City CoUnCA 1 the CT v of Elk River hereby ordains as follows: se ction I`That Section 78-2 1' Heidi Quanrud, being duly sworn on oath says that she is the of he City of El River Code of Ord noes shall be amended office manager of the Newspaper known as the Star News,and has ,to read as follows: full knowledge of the facts which are stated below, 1)All build_gs connected to :fie water metal shall ema-n (A) The Newspaper has complied with all of the requirements 'connected to the water u lily r01 so long as the building is constituting qualifications as a qualified newspaper, as provided by occ spied ci r e fo.r any pur- Minnesota Statue 331A.02, 331A.07 and other applicable laws, as pose, ammended. 42 41i bEizltEn�s eonstructE�a. or property to x1fT h titer Utility servi ce 4 s a-a cable a_> (B)The printed legal notice,which is attached was cut from the tie t,tee a`certificate of occu- columns of said newspaper and was printed and published once a paa , is re red for the nail`-'to week for one week;it was first published on Saturday,the 15th day of sliar :��r���fred to conuecz tE;� tlig water ut ity prior to occur December, 2012, and was therefore printed and published on every P anty. Saturday to and including Saturday,the 15th day of December,201 (3)All buildings to which water tail g -sery;ce becomes available folloG,inglegal occ,E panty of t1 13 f ding ail of-: i ate fttd to connect to the /l'6 (��� water utility,provided raat tFre, vJ( /� `� water uti ity.,,,is within 300 zeet of the stricture requiring g s r,; .vice and theN' to-r utility is Office Manager located in a public rigl_t-of-way or`easement For a _lit%pur- Subscribed and sworn to before me on poses adjacent to the property; this 15th day of December,2012 as: follows ;t,; Y (a)Connection shall ;be required,:if..either fl,e welFor° lsep4p system serving ,he building fails,and (b) Connect>on shall be required prior to sale of t h e building or the pr.operty .g which the biuldmg sits ( n Section 2 That Section 78-97. Subsections (d)and(e),c,f the City of Elk River Code of 0rc1- � nances shall be amended_to "vx > SHELLY RAE WES OVER , read as follows ` ' ? NOTARY PU V, ( LIG d)All buildings constiucted � _ av MINNESOTA oil properTy-­­.to hich a public _ Ny Commission Expires,,an 31,2015` sewer is available at the time a Notary Public certificate of occixpancy::s issued for the building shall.be re0`—cctto the pub= __________________________________________________ lic sewer prior to occupancy. All buildings to which a public sewer*sewer becomes available fol- AT INFORMATION ION lowing legal occupancy„of,the building'shall be required to $ 21.00 connect to {he public sewer; (1) Lowest classified rate paid by provided that the public sewer commercial users for comparable space (line,word or inch rate) is 3within.300 feet of the strut- tune generating wastewater and the public sewer is located `fi 15.50 in.a publi _right,of-way or (2) Maximum rate allowed by law for easement for utility purposes the above matter (line,word or inch rate) adjacent to the property, as— follows: . (3)Rate actually charged for the above matter 15.00 (line,word or inch rate) 3246443 t:Goo-lect-ion shal.1 br r Qwre .. -4-trr... if either the eU'tli; 1 e,. .,. 3euild.ng,or property ra-is and . replacement.and needs 31. connection shall be required prior to the sale of the , Uli8i"g of the property hich the bidding sits. e;= €i sewer connections are' not rude- rsuani to s ,sec- tiop tai al c e,the`City.r_a,l sere e written nonce on the affectel icero err,;owner scat- ink that f the connection is not made,within 90 days after the date of such notice,the con ec- tior will be.m 3de by the City at the expensE ofthe:a,�nerand that if urip = gid,the c ar¢e for or .such work w 1:oe made a spe- cial aSsessmen* against the property.!conCerhed Such' assessment,when?c vied shail•_ be a lren-`Qainst the property and shallbear interest at the, legal rate f local improve- S, menand ll ac certified to the county auditor ar col lected arid.rEmittes to the City, in the same m nnef as assess- amprovements. 'Che rrglits of the Cat= -nder Airs subsection shn" o in add; ;:ion to'othcr rEmed:al or enforcement rrghts roY-ided- under this drursron' Sectron"3 That th C Eli- nance.,sliall be&b 'I and take-effect as provided by la ry Passed e and adopted by Crty Council of the City of Llh River this`10th day of Decem- ber,2012: John J,Dietz Mayor Attest:` Tina Allard City Clerk (D15) Parcel No. 75-466-0030 Lot 3,BEST POINT ON LAKE ORONO Parcel No. 75-481-0230 Lot 3,Block 2, GRANDVIEW ADDITION Parcel No. 75-481-0240 Lot 4,Block 2, GRANDVIEW ADDITION Parcel No. 75-485-0120 Lot 2, Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-485-0140 Lot 4,Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-485-0150 Lot 5,Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-485-0160 Lot 6,Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-485-0170 Lot 7,Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-485-0180 Lot 8,Block 1, GRANDVIEW SECOND ADDITION Parcel No. 75-498-0120 Lot 2, Block 1, ISLANDVIEW 3113 ADDITION Parcel No. 785-413-0710 Lot 1, Block 7, and the West Half of Lot 2,Block 7, ORONO, Sherburne County, Minnesota AND A part of the Southwest Quarter of Section 33,Township 33, Range 26,in Sherburne County, Minnesota, described as follows: Beginning at the Southwest corner of Lot 1,Block 7, in ORONO, thence along the Westerly line of said Lot 1 extended in a Southerly direction a distance of 80 feet; thence Easterly on a line parallel with the South line of said Block 7, a distance of 99 feet; thence in a Northerly direction parallel with the aforesaid Westerly line of Lot 1 extended to the Southerly line of said Block 7; thence Westerly along said Southerly line of said Block 7 to the point of beginning, Sherburne County, Minnesota Parcel No. 75-413-0530 Lots 3, 4 and 5, Block 5, ORONO Parcel No. 75-413-0860 The South 45 feet of the West Half of Lot 7 and 8 except the North 120 feet of the East 35 feet of Lot 8, Block 8 and the North Half of Lots 9 and 10, Block 8, ORONO Parcel No. 75-413-0880 That part of Lot 9 and 10,Block 8,Townsite of ORONO, according to the plat therof on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota described as follows: Commencing at the Southwest corner of Lot 10,Block 8; thence northeasterly along the south line of said Lots 9 and 10 to the southeast corner of said Lot 9; thence northerly along the east line of Lot 9 a distance of 82.5 feet; thence at right angles westerly and parallel with the south lute of said Lots 9 and 10 a distance of 132 feet, more or less, to the west line of said Lot 10; thence southerly along the West line of said Lot 10' to the point of beginning, Sherburne County, Minnesota Parcel No. 75-413-0960 Lots 6 and 7,Block 9, ORONO Parcel No. 75-413-0980 Lots 8 and 9, Block 9, ORONO, together with an easement for ingress and egress over the Northeasterly 20 feet of Lot 2,Block 9, ORONO, according to the plat thereof and of record in the office of the County Recorder in and for Sherburne County,Minnesota Parcel No. 75-413-0990 Lot 10,Block 9, ORONO Parcel No. 757-468-0110 East Half of Lot 1 and all of Lot 2,Block 1, ORONO LAKE ADDITION Parcel No. 75-468-0250 Lot 8,Block 2, ORONO LAKE ADDITION Parcel No. 75-476-0120 Lot 2, Block 1, ORONO LAKE SECOND ADDITION Parcel No. 75-476-0140 Lot 4, Block 1, ORONO LAKE SECOND ADDITION Parcel No. 757-476-0260 Lot 6,Block 2, ORONO LAKE SECOND ADDITION Parcel# 75-491-0180 Lot 8,Block 1, ORONO LAKE THIRD ADDITION Parcel# 75-491-0250 Lot 5,Block 2, ORONO LAKE THIRD ADDITION Parcel# 75-491-0355 Lot 11,Block 3, ORONO LAKE THIRD ADDITION Parcel# 75-491-0360 Lot 12,Block 3, ORONO LAKE THIRD ADDITION Parcel# 75-491-0420 Lot 2, Block 4, ORONO LAKE THIRD ADDITION Parcel# 75-491-0020 That part of Outlot B of the duly recorded plat of ORONO LAKE THIRD ADDITION, Sherburne County, Minnesota, that lies easterly of a line described as beginning at a point on the north line of said Oudot B a distance of 156.6 feet east of the northwest corner thereof; thence south at right angles for 267.69 feet,more or less, to intersect with and terminate said line at its intersection with the southerly line of said Oudot B, according to the map plat thereof on file and of record in the office of the County Assessor in and for Sherburne County, Minnesota Parcel No. 75-428-0105 Lot 1,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0110 Lot 2,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0115 Lot 3, Block 1, RIDGEWOOD EAST Parcel No. 75-428-0120 Lot 4,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0125 Lot 5,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0160 Lot 12,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0165 Lot 13,Block 1,RIDGEWOOD EAST Parcel No. 75-428-0170 Lot 14,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0175 Lot 15,Block 1, RIDGEWOOD EAST Parcel No. 75-428-0202 Lot 1 and that part of Lot 2,Block 2,lying north of a line drawn east from the northwest corner of said Lot 2 to a point on the east line of said Lot 2 a distance of 48.10 feet south of the northeast corner of said Lot 2 as measured along the east line of said Lot 2, RIDGEWOOD EAST Parcel No. 75-428-0226 Lot 13,Block 2, RIDGEWOOD EAST Parcel No. 75-428-0228 Lot 14, Block 2, RIDGEWOOD EAST Parcel No. 75-428-0254 That par of Lot 24, Block 2, RIDGEWOOD EAST, according to the recorded plat thereof,which lies Westerly of a line drawn 32.00 feet Westerly of the following described line: Beginning at a point on the South line of said Lot 24, distant 96.77 feet East of the Southwest corner of said Lot 24; thence Northerly to a point on the North line of said Lot 24, distant 85.51 feet East of the Northwest corner of said Lot 24 and there terminating, according to the recorded plat thereof, on file and of record,in the office of the County Recorder in and for Sherburne County, Minnesota. Parcel No. 75-428-0256 That part of Lot 24, Block 2, RIDGE-WOOD EAST, according to the recorded plat thereof,which lies Easterly and Southeasterly of the following described line: Beginning at a point on the South line of said Lot 24 distance 127.71 feet East of the Southwest corner of said Lot 24; thence North 1 degree 25 minutes East 33.16 feet; thence North 46 degrees 05 minutes 20 seconds East 64.83 feet to the Northeasterly line of said Lot 24 and said line there terminating. The South 1uie of said Lot 24 has an assumed bearing of North 89 degrees 21 minutes 04 seconds East, according to the recorded plat thereof, on file and of record,in the office of the County Recorder in and for Sherburne County, Minnesota. Parcel No. 75-428-0340 Lot 4, Block 3, RIDGEWOOD EAST Parcel No. 75-428-0350 Lot 5,Block 3, RIDGEWOOD EAST Parcel No. 75-428-0450 Lot 10,Block 4, RIDGEWOOD EAST Parcel No. 75-428-0535 Lot 7,Block 5, RIDGEWOOD EAST Parcel No. 75-428-0540 Lot 8,Block 5, RIDGEWOOD EAST Parcel No. 75-428-0610 Lot 1, Block 6,RIDGEWOOD EAST Parcel No. 75-428-0620 Lot 2,Block 6, RIDGEWOOD EAST Parcel No. 75-428-0630 Lot 3, Block 6, RIDGEWOOD EAST Parcel No. 75-431-0430 Lot 15, Block 4, RIDGEWOOD EAST 3"D ADDITION Parcel No. 75-431-0432 Lot 16, Block 4, RIDGEWOOD EAST 3RD ADDITION Parcel No. 75-431-0434 Lot 17,Block 4, RIDGEWOOD EAST 3RD ADDITION Parcel No. 75-465-0840 Lot 11,Block 8,WESTWOOD SUBDIVISION Parcel No. 75-465-0850 Lots 13 and 14, Block 8, WESTWOOD SUBDIVISION Parcel No. 75-465-0925 Lot 5, Block 9,WESTWOOD SUBDIVISION Parcel No. 75-465-0935 Lot 7, Block 9,WESTWOOD SUBDIVISION Parcel No. 75-465-0940 Lot 8, Block 9,WESTWOOD SUBDIVISION Parcel No. 75-465-0970 Lot 14, Block 9,WESTWOOD SUBDIVISION Parcel No. 75-132-4100 Real Property in Sherburne County, Minnesota, described as follows: That part of the East Half of the Southeast Quarter of Section 32,Township 33,Range 26 described as follows: Commencing at a point where the West line of the Townsite of Orono, also the East line of Section 32, intersects the North right of way line of the Territorial Road, also County Road No. 30; thence North along said West line to its intersection with the south shore of Lake Orono at low water inark; thence along said south shore line in a Northwesterly direction to its intersection with a line drawn parallel with and 7 rods West of the West line of said Townsite of Orono; thence South along last described parallel line to its intersection with said North right of way line of the Territorial Road (Co. Rd. No. 30); thence in a Northeasterly direction along said North right of way line to the point of beginning. For the purposes of this description the East line of Section 32 is assumed to be due North and South, Sherburne County, Minnesota.