ORD 20-12ORDINANCE NO.20- 12
AN ORDINANCE AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CITY
CODE TO AUTHORIZE LOANS FOR THE REPAIR OR REPLACEMENT OF
PRIVATE SUBSURFACE SEWAGE TREATMENT SYSTEMS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 78 of the City of Elk River Code of Ordinances shall be amended to add
new Section 78-6, as follows:
Section 78-6 — Loans for the repair or replacement of private subsurface sewage
treatment systems.
(a) Public health and safety hazard. The City Council finds that private subsurface
sewage treatment systems, which do not meet the requirements of state law, including
Minnesota Statutes, Section 115.55 and Minnesota Rules promulgated thereunder, or
Section 17.5 of the Sherburne County Zoning Ordinance, create a public health and
safety hazard on private property which must be eliminated.
(a) Loans authoritied. The City Council, in its sole discretion, may establish a
subsurface sewage treatment system loan program pursuant to Minnesota Statutes,
Section 115.57, or the City may participate in state funded loan programs, such as that
authorized by Minnesota Statutes, Section 17.117. If a City loan program is
established, it shall be administered by the City Administrator pursuant to policies
adopted or direction given by the City Council.
(a) Assessments autboritied. Loans made by the City for the repair or replacement
of private subsurface sewage treatment systems shall be secured by assessments levied
against the properties served by systems repaired or replaced, as authorized by state
law and City Policy. Such assessments may be prepaid at any time.
(a) Petition required.
(i) Prior to making a loan for the repair or replacement of a private
subsurface sewage treatment system, the City shall receive a signed petition, in the
form required by the City in its sole discretion, from the owner of each property
to be served by the repaired or replaced system, requesting that the loan be made
and that to secure payment of the loan the owner's property be assessed in the
amount of that property's share of the total cost of the repair or replacement.
(ii) Alternatively, if a signed petition is not received by one or more property
to be served by a repaired or replaced system, the City Council may, in its sole
discretion, proceed with a loan program to repair or replace the system and assess
the loan amount to the properties for which a petition has not been received
pursuant to Minnesota Statutes, Section 429.101. All costs incurred by the City to
levy assessment pursuant to Section 429.101 shall be added to the project cost
and the loan amount.
Section 2. That this Ordinance shall take effect upon adoption and be published as required by law.
Passed and adopted by the City Council of the City of Elk River this 19t" day of October 2020.
ohn . D'e .
Mayor
ATTEST:
,�:� (f
Tina Allard
City Clerk
N
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
ORDINANCE NO.20-12
STATE OF MINNESOTA )
AN ORDINANCE AMENDING
SS
COUNTY OF SHERBURNE
CHAPTER OF THE CITY
R CITY CODE
OF ELK RIVER
TO AUTHORIZE LOANS
Diane Erickson being duly sworn on an oath,
FOR THE REPAIR OR
states or affirms that he/she is the Publisher's
REPLACEMENT OF PRIVATE
Designated Agent of the newspaper(s) known
SUBSURFACE SEWAGE
TREATMENT SYSTEMS
as:
The City Council of the City of
Elk River does hereby ordain as
Star News
follows:
Section 1. That Chapter 78 of
the City of Elk River Code of Ordi-
with the known office of issue being located
nances shall be amended to add
in the county of:
new Section 78-6, as follows:
SHERBURNE
Section 78-6 - Loans for the re-
with additional circulation in the counties of:
pair or replacement of private sub -
surface sewage treatment systems.
WRIGHT
(a) Public health and safety haz-
and has full knowledge of the facts stated
ard. The City Council finds that
below:
private subsurface sewage treat-
(A ) The P
newspaper has com lied with all of
ment systems, which do not meet
ment
the requirements of state law, in -
the requirements constituting qualifea-
cluding Minnesota Statutes, Sec-
tion as a qualified newspaper as provided
tion 115.55 and Minnesota Rules
by Minn. Stat. §331A.02.
promulgated thereunder, or Sec -
(B) This Public Notice was printed and pub-
tion 17.5 Zoning Orddi the Sherburne County
of
nance, create a public
lished in said newspaper(s) once each
health and safety hazard on private
week, for 1 successive week(s); the first
property which must be eliminated.
insertion being on 10/24/2020 and the last
(a) Loans authorized. The City
insertion being on 10/24/2020.
Council, in its sole discretion, may
establish a subsurface sewage
treatment system loan program
MORTGAGE FORECLOSURE NOTICES
pursuant to Minnesota Statutes,
Pursuant to Minnesota Stat. §580.033
Section 115.57, or the City may
to the publication of mortgage
relating Pprograms,
participate in state funded loan
such as that authorized
foreclosure notices: The newspaper complies
by Minnesota Statutes, Section
with the conditions described in §580.033,
17.117• If a City loan program is
subd. 1, clause (1) or (2). If the newspaper(S
established, it shall be adminis-
known office of issue is located in a count Y
suantered to the City Administrator recpur-
suant to policies adopted or direc-
adjoining the county where the mortgaged
tion given by the City Council.
premises or some part of the mortgaged
(a) Assessments authorized.
premises described in the notice are located,
Loans made by the City for the re-
a substantial P P P
pair or replacement of private sub -
surface sewage treatment systems
circulation is in the latter county.
shall be secured by assessments
levied against the properties served
by systems repaired or replaced,
as authorized by state law and City
By:
Policy. Such assessments may be
_
Designated Agent
prepaid at any time.
(a) Petition required.
() Prior to making a loan for the
Subscribed and sworn to or affirmed before
repair or replacement of a private
me on 10/24/2020 by Diane Erickson,
subsurface sewage treatment sys-
tem, the City shall receive a signed
petition, in the form required by
the City in its sole discretion, from
the owner of each property to be
served by the repaired or replaced
system, requesting that the loan be
made and that to secure payment
of the loan the owner's property
Notary Public
be assessed in the amount of that
property's share of the total cost of
the repair or replacement.
(i) Alternatively, if a signed peti-
"` MARLENE M MITCHELL
tion is not received by one or more
Notary Public
Minnesota
property to be served by a repaired
or replaced system, the City Coun-
i
< My Commission Expires
cil may, in its sole discretion,
.
pro-
Jan 31, 2025
Geed with a loan program to repair
- _
or replace the system and assess
the loan amount to the properties
for which a petition has not been
received pursuant to Minnesota
Rate Information:
Statutes, Section 429.101. All costs
incurred by the City to levy assess-
(1) Lowest classified rate paid by commercial users
ment pursuant to Section 429.101
for comparable space:
shall be added to the project cost
$23.00 per column inch
and the loan amount.
Section 2. That this Ordinance
Ad ID 1086491
shall take effect upon adoption and
be published as required 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
1086491