4.1a ERMU 12-12-2023ERMU Commission Policy - G.2a3 Repairs to Private Water Utility Line - Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
ELK RIVER MUNICIPAL UTILITIES
AND
TAE CITY OF ELK RIVER, MINNESOTA
REGARDING
PAYMENT OF PRIVATE WATER LINE CONNECTION ANDRE, PAIR COSTS
This MEMORANDUM OF UNDERSTANDING hereinafter referred to as "MOU", is hereby
made and entered into on this day of , 2012, by and
between the City of Elk River, Minnesota, hereinafter ferred to as the "City" and Elk River
Municipal Utilities, hereinafter referred to as the "Utilities".
1.0 Purpose
The purpose of this MOU is to address the payment of costs for the connection and repair of
private water lines within the City of Elk River, Minnesota.
2.0 Connection and Repair of Private Water Lines
The City Council of the City of Elk River has adopted an ordinance which provides for payment
by the city and assessment to the property owner of the costs to connect and repair private utility
lines. This ordinance authorizes private property owners who are required to connect to the city
water utility, or who have private water lines which have failed, to petition the City to pay the
costs of connection or repair of the private water line and to assess amounts paid by the City as a
special charge to the owner's property. The ordinance further provides that the City Council will
establish policies regarding when and on what terms the costs to connect or repair private water
lines will be eligible for payment and assessment.
3.0 Payment and Reimbursement of Elk River Municipal Utilities
The City and Utilities agree that when payment of the costs to connect or repair private water
lines has been approved pursuant to the City Code and the City Council policies, payment of the
approved costs will be made by Utilities, the City will assess the costs paid by Utilities to the
property, and the City will reimburse Utilities for the costs paid as the special assessments are
paid. City and Utilities staff are directed to coordinate and adopt appropriate procedures to
implement this payment and reimbursement process.
4.0 Termination of MOU
This MOU may be cancelled or terminated without cause by either party by giving (30) calendar
days advance written notice to the other party. Such notification shall state the effective date of
termination or cancellation. Any and all amendments must be made in writing and must be
agreed to and executed by the parties before becoming effective. Cancellation of this MOU shall
not affect the parties rights and responsibilities regarding payments already approved and made
by Utilities.
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IN WITNESS WHEREOF, each of the parties has caused this MOU to be executed by their duly
authorized representatives:
ELK RIVER MUNICIPAL UTILITIES
By AXh
ohn JKtz
Chair
By
Troy Adams, P.E.
Utilities Director
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2
THE CITY OF ELK RIVER, MINNESOTA
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()John . Dietz, Mayor
By —
Tina Allard, City Clerk
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