ORD 20-111Ver
City Council
City of Elk River
Ordinance No. 20 -11
An Ordinance Amending Chapter 78 of the City of Elk River, Minnesota, City Code
Regarding Calculation of Sewer Service Availability Charges and Water Availability
Charges.
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Section 78-189 of the City of Elk River Code of Ordinances shall be amended
to read as follows:
Sec. 78-189. - Service availability charge.
(a) Purpose: The debt service for the wastewater treatment facility shall be recovered from new
connections by a sewer service availability charge (SAC) assessed against new building units.
(b) Applicability; payment; calculation. The SAC shall be paid at the time at which a building permit or
a sewer connection permit is issued for all buildings to be constructed or connected to the sewer
system. No charge shall be due upon the issuance of a connection permit if a charge was paid
upon issuance of a building permit. The SAC for each building or structure shall be equal to the
number of SAC units times the SAC in effect at the time of the application.
(c)_Kesidential davellings. The SAC units for residential dwellings shall be calculated as follows:
(1) Single-family houses, townhouses and duplex units: 1.0 unit.
(2) Condominium and apartment units: 0.8 unit without individual laundry in their units.
(3) Public housing units subsidized under any federal program for low- and moderate -income
housing: 0.8 unit.
4d) Commercial, public and institutional facilities. The SAC units for commercial, public and institutional
facilities shall be calculated in accordance with Appendix A-1 and Appendix A-2 of the then
current Metropolitan Council Sewer Availability Charge Procedure Manual.
SECTION 2. That Section 78-41 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
Sec. 78-41. — Rates and charges generally.
(a) There are established in the city:
(i) Water Access Charges, consisting of a water availability charge and a water
connection charge; and
(ii) Water utility user charges and rates.
Last Updated January 2019
P 0 V E R E 1 R1
NATURE
(b) Water availability charges are due and payable at the time property service by the water utility
is final platted into buildable lots.
(c) Water connection charges are due and payable at the time of connection of a building to the
water utility, or at the time connection is required to be made to the water utility pursuant to
Section 78-21.
(d) User charges and rates are due and payable in such amounts and at such times as required by
the public utilities commission.
(e) Each charge and/or rate shall be in the amount established by duly adopted resolution of the
city council or the public utilities commission.
(f) Water access charge units shall be calculated in the same manner as sewer service availability
charges as provided in Section 78-189 of the city code.
(Ord. No. 09-02, � 1, 3-2-2009)
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19`' day of October, 2020.
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Tina Allard, City Clerk
Last Updated January 2019
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AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
CITY COUNCIL
STATE OF MINNESOTA )
ORDINANCE NO.20 - 11
ss
COUNTY OF SHERBURNE
An ordinance Amending
Chapter 78 of the City of Elk Riv-
er, Minnesota, City Code Regard -
Diane Erickson being duly sworn on an oath,
ing Calculation of Sewer Service
states or affirms that he/she is the Publisher's
availability Charges and water
Designated Agent of the newspaper(s)known
g g
availability Charges.
The City Council of the City of
as:
Elk River does hereby ordain as
follows:
Star News
SECTION 1. That Section 78-
189 of the City of Elk River Code
of Ordinances shall be amended to
with the known office of issue being located
read as follows:
in the county of:
Sec. 78-189. - Service availabil-
SHERBURNE
ity charge.
with additional circulation in the counties of:
(a) Purpose: The debt service
for the wastewater treatment fa-
WRIGHT
cility shall be recovered from new
and has full knowledge of the facts stated
connections by a sewer service
below:
availability charge (SAC) assessed
A The newspaper has com lied with all of
( )p
against new building units.
(b) Applicability; payment; calcu-
the requirements constituting qualifiea-
lation. The SAC shall be paid at the
tion as a qualified newspaper as provided
time at which a building permit or a
by Minn. Stat. §331A.02.
sewer connection permit is issued
(B This Public Notice was printed and pub-
) p p
for all buildings to be constructed
or connected to the sewer system.
lished in said newspaper(s) once each
No charge shall be due upon the is -
week, for 1 successive week(s); the first
suance of a connection permit if a
insertion being on 10/24/2020 and the last
charge was paid upon issuance of
insertion being On 10/24/2020.
g
a building permit. The SAC for each
building or structure shall be equal
to the number of SAC units times
MORTGAGE FORECLOSURE NOTICES
the SAC in effect at the time of the
Pursuant to Minnesota Stat. §580.033
application.
(c) Residential dwellings. The
relating to the publication of mortgage
SAC units for residential dwellings
foreclosure notices: The newspaper complies
shall be calculated as follows:
with the conditions described in §580.033,
(1) Single-family houses, town-
subd. 1, clause (1) or (2). If the newspaper's
houses and duplex units: 1.0 unit.
known office of issue is located in a count Y
Condominium and apartment
units: 0.8 unit without individual
adjoining the county where the mortgaged
laundry in their units.
premises or some part of the mortgaged
(3) Public housing units subsi-
premises described in the notice are located,
dized under any federal program
a substantial portion of the newspaper's
for low- and moderate -income
housing: 0.8 unit.
circulation is in the latter county.
(d) Commercial, public and insti-
tutional facilities. The SAC units for
commercial, public and institutional
facilities shall be calculated in ac-
cordance with Appendix A-1 and
Designated Agent
Appendix A-2 of the then current
Metropolitan Council Sewer Avail-
ability Charge Procedure Manual.
Subscribed and sworn to or affirmed before
SECTION 2. That Section 78-41
me on 10/24/2020 by Diane Erickson.
of the City of Elk River Code of Or-
dinances shall be amended to read
as follows:
Sec. 78-41. — Rates and charges
generally.
(a) There are established in the
city:
(i) Water Access Charges, con-
sisting of a water availability charge
and a water connection charge;
Notary Public
and
(ii) Water utility user charges and
rates.
MARLENE M MITCHELL
b Water availabilitycharges are
;..._ 3, Notary Public
due and payable at the time prop-
My Commission Expires
erty service by the water utility is
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final platted into buildable lots.
Jan 31, 2025
(c) Water connection charges
are due and payable at the time of
connection of a building to the wa-
ter utility, or at the time connection
is required to be made to the water
Rate Information:
utility pursuant to Section 78-21.
(d) User charges and rates are
(1) Lowest classified rate paid by commercial users
due and payable in such amounts
for comparable space:
and at such times as required by
$23.00 per column inch
the public utilities commission.
(e) Each charge and/or rate shall
be in the amount established by
Ad ID 1086473
duly adopted resolution of the city
council or the public utilities com-
mission.
(f) Water access charge units
shall be calculated in the same
manner as sewer service availabil-
ity charges as provided in Section
78-189 of the city code.
(Ord. No. 09-02, § 1, 3-2-2009)
SECTION 3. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
19th day of October, 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
October 24, 2020
1086473