ORD 13-13AN ELK RIVER AMENDING ,
URVICE AVAILABILITY CHARGE, OF THE CITY OF ELK RIVER, MINNESOTA
CITY ;l
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 78 -189 titled, Service Availability Charge, of the City of Elk River Code
of Ordinances, shall be amended by adding new subsection (e) thereto as follows:
(e) The City Council, at its discretion and upon a finding that the table in
Subsection 78 -189 (d) may not apply due to circumstances unique to a
particular user, may enter into an agreement to calculate the number of SAC
units for commercial, public, or institutional facilities based on one of the
following alternative methods:
(1.) Information is provided regarding actual water and sewer use by the
same or a substantially similar use that has been existing for a period
of not fewer than three (3) years; or
(2.) The user shall escrow the SAC charge calculated in accordance with
subsection 78 -189 (d) and monitor actual water use for a period of
four (4) years. If the actual average water and sewer use during the
2 "d, 3rd and 4`" years is fewer than the SAC units estimated by the
table in subsection 78 -189 (d), the city will recalculate the SAC units
and refund the difference to the user without interest. If the actual
water and sewer use during the fourth year is greater than the SAC
units escrowed as calculated by the table in subsection 78 -189 (d) the
user will not be obligated to pay additional fees and the escrowed
funds will be released and deposited into the Sewer Fund.
Section 2. Passed and adopted by the City Council of the City of Elk River this 3rd day of June,
2013.
f \
ghn J. Di tz, Ma
ATTEST:
Tina Allard, City Clerk
AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER
ORDINANCE 13-13
STATE OF MINNESOTA AN ORDINANCE OF THE
COUNTY OF SFIERBURNE )ss CITY OF ELK RIVER
AMENDING SECTION
78-189,SERVICE
AVAILABILITY CHARGE,OF
Ton a Orbeck being duly sworn on an oath
THE CITY OF ELK RIVER,
states or affirms that they are the Authorized MINNESOTA,CITY CODE
Agent of the newspapers)known as: The City Council of the City of
Elk River does hereby ordain as
follows:
Star News
Section 1.That Section 78-189
titled, Service Availability Charge,
of the City of Elk River Code of
and has full knowledge of the facts stated Ordinances, shall be amended by
below: adding new subsection (e)thereto
(A)The newspaper has complied with all of as follows:
the requirements constituting qualifica- (e) The City Council, at its dis-
cretion and upon a finding that the
tion as a qualified newspaper as provided table in Subsection 78-189(d)may
by Minn. Stat. §331A.02, §331A.07, and not apply due to circumstances
other applicable laws as amended. unique to a particular user,may en-
(B)This Public Notice was printed and pub- ter into an agreement to calculate
the number of SAC units for com-
lished in said newspaper(s) once each mercial,public,or institutional facil-
week, for 1 successive week(s); the first ities based on one of the following
insertion being on 11/23/2013 and the last alternative methods:
insertion being on 11/23/2013. (1.) Information is provided re-
garding actual water and sewer
use by the same or a substantially
similar use that has been existing
for a period of not fewer than three
(3)years;or
(2.) The user shall escrow the
B �( SAC charge calculated in accor-
Authoriz d Age'nt dance with subsection 78-189 (d)
and monitor actual water use for a
Subscribed and sworn to or affirmed before period of four(4)years. If the ac-
tual average water and sewer use
me on 11/23/2013. during the 2nd,3rd and 4th years is
fewer than the SAC units estimated
by the table in subsection 78-189
(d),the city will recalculate the SAC
units and refund the difference to
the user without interest.If the ac-
Notary Public tual water and sewer use during the
fourth year is greater than the SAC
units escrowed as calculated by
the table in subsection 78-189 (d)
the user will not be obligated to pay
additional fees and the escrowed
funds will be released and depos-
ited into the Sewer Fund.
Section 2.Passed and adopted
ERICA by the City Council of the City of Elk
C ®+ WILSON River this 3rd day of June,2013.
i
f �:
Notary Public-Minnesota John J.Dietz,Mayor
My Commission Expires Jan 31,2016 ATTEST:
Tina Allard,City Clerk
Published in the Star News
November 23,2013
58314
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$22.00 per column inch
Ad ID 58314 ° �NOV