95-001 ORD
VERSION 2
e
ORDINANCE NO. 95 - ~
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY
WATER UTILITY WHEN AVAILABLE, AND TO REQUIRE PAYMENT
OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND
USE OF THE CITY WATER UTILITY
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That the Code of Ordinances of the City of Elk
Rive::::- is amended to add new Section 1304, entitled "Connection to
Water Utility," as follows:
1304.00 - Connection to Water Utility; Fees and Charges.
1304.00 - Connection to Water Utility Required.
e
The following buildings shall be required to be connected to
the City water utility:
(1) All buildings connected to the water utility on the
date of adoption of this ordinance shall remain
connected to the water utility for so long as the
building is occupied or used for any purpose.
(2) All buildings constructed in the future on property
to which water utility service is ~vailable 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 constructed in the future on property
to which water utility service becomes available
following legal occupancy of the building shall be
required to connect to the water utility as follows:
(a) All residential buildings with one or two
residential units shall be requir~d to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the date the property is
assessed for water utility improvements,
whichever is later.
(b) All other buildings shall be required to connect
to the water utility within ninety (90) days
from the date water utility service becomes
available to the property.
e
e
(4) All buildings existing on the date of adoption of
this ordinance on property to which water utility
service becomes available in the future shall be
required to be connected to the water utility as
follows:
(a) All residential buildings with one or two
residential units shall be required to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the date the property is
assessed for water utility improvements,
whichever is later.
(b) All other buildings shall be required to connect
to the water utility within ninety (90) days
from the date water utility service becomes
available to the property.
(5) All buildings existing on the date of adoption of
this ordinance on property to which water utility
service is available but which has not been assessed
for water utility improvements shall be required to
connect to the water utility as follows:
e
(a) All residential buildings with one or two
residential units shall be required to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the property is assessed for
water utility improvements, whichever is later.
(b) All other buildings shall be requlred to connect
to the water utility within ninety (90) days
from the date water utility service becomes
available to the property.
(6) All buildings existing on the date of adoption of
this ordinance on property tc which water utility
service is available and which has been assessed for
water utility improvements, but which are not
connected to the water utility, shall be required to
connect to the water utility as follows:
(a) All residential buildings with one or two
residential units shall not be required to
connect to the water utility unless and until
the City Council determines on a case by case
basis that connection to the water utility is
necessary to protect the public health, safety
and welfare or to otherwise comply with
applicable law;
-
(b) All other buildings shall be required to connect
to the City water utility within two years of
the date of adoption of this ordinance.
2 .
1304.02 - Owner or City to make Required Connection.
e
'rhe owner of any building required by Section 1304.00 to be
connected to the City water utility shall cause said building
to be connected to the water utility at the owner's expense as
required. If connections to the water utility are not being
made pursuant to this paragraph, the City shall serve written
notice on the affected property owner stating that if
connection is not made within ninety (90) days after the date
of said 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, including interest at the legal
rate for local improvements, 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 paragraph shall be in addition to other
remedial or enforcement rights provided by the City Code of
Ordinances or other applicable law.
e
1304.04 - Fees and Charges.
There is established in the City of Elk River Water
Availability Charges, Water Connection Charges and water
utility user charges and rates. Water Availability Charges are
due and payable at the time property served by the Water
Utility is final platted into buildable lots. 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
1304.00. User charges and rates are due and payable in such
amounts and at such times as required by Elk River ~lnicipal
Utilities. Each charge and/or rate shall be in the amount
established by duly adopted resolution of the Elk River City
Councilor Elk River Municipal Utilities.
1304.06 - Payment of Fees and Charges.
All properties connected to the City water utility shall abide
by the rules and regulations of the Elk River Municipal
Utilities, and s.r~all pay all applicable Water Availability
Charges, Water Connection Charges, User Charges and rates
established by the City Council and/or Elk River Municipal
Utilities. Properties which are required to connect to the
Water Utility pursuant to Section 1304.00, but hav~ not
connected within two (2) years of availability of water service
as required by Section 1304.00, shall be charged the applicable
Water Availability Charge, Water Connection Charge and a
monthly user charge in an amount established by Elk River
Municipal Utilities.
e
3.
e
48
e
Section 2. This ordinance shall take effect and be in full
force from and after the date of its publication.
Passed and ad. opted b~... be Ci~unCil of
River, this ct2"S"...( day of . ~ , 1995.
,
/1
/
the City of Elk
Mayor
4.
PKB:JN9s2
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
D(lV\~~fiA;) ,
being duly sworn, on o~ IS the publIsher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed 0 /LJ~~!U qE;-1
which is attached was cut from the columns of said new/paper,
and was printed and published once each week, for suc-
cessiveweeks;itwasfirstpublishedon Wednesday, the 'X~
day of ~ lYtl J /1.I\..i ...... , 19 CJ ~ and was thereafter
printed and publisheJJ on every Wednesday to and including
Wednesday, the _ day of ,19_;
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.
a be defghij klm no p qrstu vwxyz
BY:Wo-"V\
TITLE:
~~
~)
. ~
J 0 - day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable '2.:35.00
space $
(2) Maximum rate allowed by law for ~ol.4o
the above matter $
(3) Rate actually charged for the 2ol.L/D
above matter $
ANC
OFO
crrvo
'CQ.
CITYWATE
AVAlLABLE, AND TO .
PAnQiJNT OF Dl.lLY AD
. FJ!JESAND CHARGlilS'F
CONNECTION TO AND.uS
'fIlE CITYWA'rElllJTIU
The CitYCQllncilof the City
River does hereby ordain as foIl
Section 1. That the Code 0
nances of the City of Elk R'
. amended to add new Section 13
titled "Connection to Water Ut'
follows:, '""
1304.00 - Connection to WAt;~
Utility; Fees and Charges. ,.
1304.00-Connection to Wa
ity Reqllired.
The following bllildings shall
qllired to be connected to the City
lltility:
(l) All bllildings connected tQ<!;.he'
water lltility on the date of adoptionc:if
this ordinance shall remain connected
to the water lltility for so long alil!;.h~\
bllilding is occllpied or used fo~';~u\)'!
pmpose. . '
(2) All bwldings constructed in the
fllture on property to which watet1,;ft;1k
ity service is available at the tiniea
Certificate of Occllpancy is iSSlled for
,. ~llilding shall be reqllired to cOnnect
e water lltility prior to occllpancy.
,,j) All blJildings constructed in the
flltllre on property to which water ptil.
ity service becomes available foll(rwing
legal occllpancy of the bwlding shalll:le
reqllired to connect to the water lltility
as follows:
(a) All residential bwldings with one
or two residential llnits shall be're-
quired to connect to the water lltility
within two (2) years from the date water
lltility service becomes available to the
property or the date the property is,
assessed for water lltility improvements,
whichever is later.
(b) All other blJildings shall be re.
qllired to connect to the water lltility
within ninety (90) days from the date
water lltility service becomes available
to the property.
(4) All bllildings existing on the date
of adoption of this ordinance on prop.
erty to which water lltility service be.
comes available in the futme shall be
reqllired to be connected to the water
lltility as follows:
.~~~~t'~H'all~~'re_
~nnectel.tl}ewliterlltili ty'
eo/'(~) , !;.he#lite<h
WAl ' . . vailable
ro
J thet41te<
tio "'~~o~iProp.
w ilit)'~eryjce ir:;
Ie s n9t.beiln&s,
fo tility improvements
req\Hre ' tel connect to thewliter
as.rollows:
'1 residential blJildingr:;with one
residential llnitr:; shall. be re.
to connect to the waterlltmty
two (2) years from the date water
service becomes available to the
y or the. date the property is
forwaterlltility improvements,
vel' is later.
1 other bwldings shall be re-
iqwre~ to connect to the water lltility
lwithijl ninety (90) days from the date
wliter,lltility service becomes available
It() tl1eProPl;lrty.
'tJf$) All buildings existing on the date
iQ~ adoption of this ordinance on prop-
!e~t() which water lltility service is
,available and which as been assessed
'for water lltility improvements, bllt
whillh are not connected to the water
uti1ity, shall be reqllired to connect to
the water lltility as follows:
(a) All residential bwldings with one
or two residential llnits shall not be
req1.1ited to connect to the water lltility
llnless and llntil the City COllncil deter-
,mines on a case by case basis that con.
. nection to the water lltility is necessary
to protect the Pllblic health, safety and
welfare or to otherwise comply with
applicable law;
(b) All other bwldings shall be re.
qlliredto connect to the City water lltil.
ity within two years of the date of adop.
tion of this ordinance.
1304.02 - Owner or City to make
Reqwred Connection.
The owner of any bllilding reqwred
by Section 1304.00 to be connected to
the City water lltility shall callse said
bwlding to be connected to the water
lltility at the owner's expense as re.
qllired. If connections to the water util.
ity are not being made pursuant to this
. 1 SlerYe ~tt,e~
. er'
Charges."."",
. All properties connected to the qity
aur utIlity s ide by the rules
Ilnd regulations Elk River Mll.
nicipal Utilities, a: all pay liIl appli.
cal;Jle Water Avllilability Charges, Wa.
tel' Connect' .' arges, User ChargeS.
and rate ed by the City COlln...
!lilandldr, Municipal Utilities.
Properties which are required to con.
!;.heWRtel' Utility pmsuant to
n 1304.00, but have, not connected
within two (2) yeare of availability of
viater service liS required by Section
1304.00, shall be c~larged,the applicable
Water Availability Charge, Water Con-
nection ,Charge and a monthly user
charge in an amount established by Elk
River Municipal Utilities;
Section 2. This ordinance shall ta1l:e
effect and be in full force from and after
the date of its publication.
Henry A. Duitsman
Mayor
ATTEST:
Sandra Thackeray;
City Clerk
(Fa)