5.8. SR 10-02-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration October 2, 2006
Item Description
Consideration of an Ordinance amending Article II - Water
S stem
Item Number
5.8.
Prepared by
oan Schmidt, Ci Clerk
Reviewed by
Introduction
It was recendy brought to my attention that the section of the Elk River Code Book dealing with water
use restrictions, Section 406, was not in out current Elk River Code Book. It may have been overlooked
at the time of recodification in 2002. At that time the numbering system also changed.
Discussion
It is important to approve the attached ordinance amending Article II-Water System. This will give the
Public Utility Commission authorization to invoke water use restrictions with the ability to penalize
offenders. Bryan Adams will be present at tonight's meeting to discuss and answer questions.
Financiallmoact
N/A
Attachments
· Section 406 - Water Use Restrictions from previous code book
· Ordinance 06-_ Amending Article II - Water System Adding Sections 78-35, 78-36 and 78-37
Action Reauested
Motion by Council to adopt the attached ordinance adding Sections 78-35, 78-36 and 78-37 to the City
Code.
Council Action
Motion by _
Second by _
Vote
Follow Up
s: \ Council\] oan \ Ordinance Changes \RFCAwater restric.doc
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CITY OF ELK RIVER
SECTION 406 - WATER USE RESTRICTIONS
406.00 ~ WATER ~ RESTRICTIONS
The Public Utility Commission of the City of Elk River is hereby
authorized to invoke water use restrictions in cases of emergency to
ensure adequate water supplies to meet the health, safety, and welfare
needs of the City of Elk River and its residents. Water use
restrictions shall be invoked by resolution of the Public Utility
Commission, and shall take effect immediately upon adoption of such
resolution. The Public Utility Commission may delegate its general
manager or water superintendent authority to impose temporary water use
restriction until the Commission can meet to consider a resolution.
The penalties imposed below in Section 406.01 may be invoked upon
publication of the resolution imposing restrictions iri the legal paper.
406.01 ~ PENALTIES
The first violation of the restrictions contained in this ordinance
shall be subject the offending person, firrn,1 corporation or association
to a written warning. A second violation of the restrictions shall be
a petty misdemeanor with a penalty of $50 and shall increase to the sum
of One Hundred Dollars ($100) for the third violation. A fourth
violation shall result in a water shut-off with the reconnection fee to
be paid by the offending property owner according to the policies of
the Public Utilities Commission. No penalty can be imposed unless a
person had, or should have had, prior knowledge of the ordinance
restrictions. This may be shown by the fact that prior warning was
delivered to the person or to an occupant of the premises to be
assessed.
406.02 ~ ENFORCEMENT
This Ordinance shall be enforced by the Police Chief, the Fire Chief,
and their authorized designees, in accordance with City Ordinances.
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ORDINANCE 06-_
CITY OF ELK RIVER
AN ORDINANCE AMENDING ARTICLE II - WATER SYSTEM
ADDING SECTIONS 78-35, 78-36 AND 78-37
The City Council of the City of Elk River does hereby ordain as follows:
Sec. 78-35 - WATER USE RESTRICTIONS
The Public Utility Commission of the City of Elk River is hereby authorized to invoke water
use restrictions in cases of emergency to ensure adequate water supplies to meet the health,
safety, and welfare needs of the City of Elk River and its residents. Water use restrictions
shall be invoked by resolution of the Public Utility Commission, and shall take effect
immediately upon adoption of such resolution. The Public Utility Commission may delegate
its general manager or water superintendent authority to impose temporary water use
restriction until the Commission can meet to consider a resolution. The penalties imposed
below in Section 78-36 may be invoked upon publication of the resolution imposing
restrictions in the legal paper.
Sec. 78-36 - PENALTIES
The first violation of the restrictions contained in this ordinance shall subject the offending
person, firm, corporation or association to a written warning. A second violation of the
restrictions shall be a petty misdemeanor with a penalty of $50 and shall increase to the sum
of One Hundred dollars ($100) for the third violation. A fourth violation shall result in
water shut-off with the reconnection fee to be paid by the offending property owner
according to the policies of the Public Utilities Commission. No penalty can be imposed
unless a person had, or should have had, prior knowledge of the ordinance restrictions. This
may be shown by the fact that prior warning was delivered to the person or to an occupant
of the premises to be assessed.
Sec. 78-37 - ENFORCEMENT
This ordinance shall be enforced by the Police Chief, the Fire Chief, and their authorized
designees, in accordance with City Ordinances.
This ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 2nd day of
October, 2006.
Stephanie Klinzing
Mayor
ATTEST:
Joan Schmidt
City Clerk