ORD 06-011
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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 iJnpose 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 publicatio~ as provided by law.
Passed and adopted by the City Council of the City of Elk River this 2nd day of
October, 2006.
~fwo.~
Stepha e Klinzing .. /
Mayor
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ATTEST:
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/;1i1t
J ~an~chmidt
City/Clerk
cir\\
Affidavitt of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHEREURNE)
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being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
ORDINANCE 06JI knowledge of the facts which are stated below:
CITY OF FLI£RIVER
AN ORDINANCE AMENDING A) The newspaper has complied with all the
ARTICLE II-WATER SYSTEM
AIDDING SECTIONS 78-35, requirements constituting qualification as a qualified
75-36 AND 75-37
The Elk l City does hereby e City as newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.,4
follows:
See. 78-35 - WATER USE $) The printed
RESTRICTIONS
The Public Utility Commission of
the City of Elk River is hereby
authorized to invoke water use which is attached was cut from the columns of said
restrictions in cases of emergency
to ensure adequate water sup newspaper, and was printed and published once each
plies to meet the health,safety,. week, for successive weeks; it a f st published
and welfare needs of the City of
Elk River and its residents. on Wednesday, the day of ,
Water use restrictions shall be
invoked by resolution of the Pub- 20 , and was thereafter printed and published every
lic Utility Commission,and shall
take effect immediately upon Wednesday to and including Wednesday, the
adoption of such resolution, The day of , 20 ; and printed below
Public Utility Commission may y
delegate its general manager or is a copy of the lower case alphabet from A to Z, both
water superintendent authority to
impose temporary water use inclusive, which is hereby acknowledged as being the size
restriction until the Commission
can meet to consider a resolution. and kind of type used in the composition and publication
The penalties imposed below in i
of the notice.
Section 78-36 may be invoked
upon publication of the resolution
imposing restrictions in the legal I
paper. abcdefghijkImnopgrstuvwxyz
Sec.78-36'-PENALTIES
The first violation of the restric-
tions contained"in:this ordinance "
shall subject the offending person, BY
firm,corporation or association to TITLE:
a written warning.. A second vio
lation of the restrictions shall be a
petty misdemeanor with a pen- °
alty of$50 and shall increase to Subsc ibe nd sworn to before me on this day of
the sum of One Hundred dollars
($100)for the third violation. A , , 20 OLt
fourth violation shall result in
water shut-off with the reconnec-
tion fee to be paid by the'offend-
ing property owner according to '
the policies of the Public Utilities ` C)
Commission. No penalty can be Notary Pub
imposed unless a;person had, or
should have had,prior knowledge
of the ordinance restrictions. This
may rior•warn nwwas delivered to the (1) Lowest classified a by�a�m\tgAii" te�J�na the fact that
p g v�y
person'or to an occupant of the Commercial users tom" ' at li space S
premises to be assessed.
Sec,78-37-ENFORCEMENT (2) Maximum rate alloe' by law for °
This ordinance shall be enforced' the above matter
by.the Police Chief,the Fire Chief,
and their:authorized designees,in (3) Rate actually charged for the
accordance with City Ordinances.
This ordinance shall take effect' above matter f
upon publication as provided by
law.
Passed and adopted by the City
Council of the City of Elk River
this 2nd clay of
October,2006.
Stephanie Iilin�in�,
Mayor
ATTEST::
idt
Joan Schin