5.9. SR 12-19-1994
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ITEM 5.9.
MEMORANDUM
Mayor & City Council
FROM:
DATE:
SUBJECT: Water Connection Ordinance
As discussed at the joint Utilities Commission and City Council meeting on
November 14, 1994, the City has no Water Utility Ordinance. Likewise, the
City does not require connection to the water system. At the 11/14/94 joint
meeting, it was the consensus of both groups that it would be desirable to
have an ordinance that requires water connections.
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The Utilities Commission reviewed the attached draft ordinance at its
December 6, 1994, meeting. The only comment that they offered regarding
this ordinance related to a proposed exemption for the properties affected by
the Westwood public improvements project of 1992. As the Council may
recall, this was a City initiated utility improvement project and not a project
requested by developers or property owners.
The attached proposed ordinance requires connection to the water system
within two years of availability, provides for the establishment of water fees
and charges, and outlines the timetable for payment of these fees.
City Attorney Peter Beck will be in attendance at this meeting to further
review this proposed ordinance with the City Council.
council:watercon
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
DEe - 1 1994
JAMES P. LARKIN
ROBERT L. HOFFMAN
JACK F. DALY
D. KENNETH LINDGREN
GERALD H. FRIEDELL
ALLAN E. MULLIGAN
eES C. ERICKSON
IWARD J. DRISCOLL
oNE N. FULLER
JOHN D. FULLMER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
JOHN R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMAS J. FLYNN
JAMES P. QUINN
TODD I. FREEMAN
PETER K. BECK
JEROME H. KAHNKE
GERALD L. SECK
JOHN B. LUNDOUIST
DAYLE NOLAN*
THOMAS B. HUMPHREY, JR.
JOHN A. COTTER*
BEATRICE A. ROTHWEILER
PAUL B. PLUNKETT
ALAN L KILDOW
KATHLEEN M. NEWMAN
MICHAEL B. LEBARON
GREGORY E. KORSTAD
GARY A. VAN ClEVE*
DANiEll. BOWLES
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORWEST FINANCIAL CENTER
7900 XERXES A VENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (612) 835-3800
FAX (612) 896-3333
TIMOTHY J. McMANUS
TIMOTHY J. KEANE
ALAN M. ANDERSON
DONNA L. ROBACK
MICHAEL W. SCHLEY
lISAA. GRAY
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAL
MICHAEL A. ROBERTSON
BRUCE J. DOUGLAS
WilLIAM C. GRIFFITH, JR.
JOHN J. STEFFENHAGEN
DANIEL W. VOSS
JOHN R. HILL
PETER J. COYLE
MICHAEL J. SMITH
VILIS R. IN DE
DWIGHT N. HOLMBO
ANDREW F. PERRIN
ANN M. MEYER
FREDERICK K. HAUSER III
LARRY D. MARTIN
JANE E. BREMER
RENEE l. TOENGES
CHRISTOPHER K. LARUS
MARCY R. KREISMAN
MARIEl E. PlIlOLA
DAMON E. SCHRAMM
STEPHEN J. KAMINSKI
RACHAEL A. JAROSH
AMELIA A. BUHARIN
THOMAS F. ALEXANDER
DANIEL T. KADLEC
OF COUNSEL
WENDELL R. ANDERSON
JOSEPH GITIS
MARK A. RURIK
* ALSO ADMITTED IN WISCONSIN
November 30, 1994
Mr. Patrick D. Klaers
City of Elk River
P.o. Box 490
Elk River, Minnesota 55330
.e:
Dear Pat:
Water Connection Ordinance
Enclosed is a revised version of the water connection ordinance
prepared for the joint City Council/Utilities Commission meeting on
November 14, 1994. I have revised the first paragraph of Section
1304.00 to allow two years (until December 31, 1996) for connection of
existing buildings to the water utility. This is the amendment which
the Council and Commissioners asked me to make.
Please let me know if any further revisions to this ordinance will be
necessary.
v~
Peter K. Beck, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
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Enclosure
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ORDINANCE NO. 94 -
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
River 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.
The owner of any existing building located on property to which
water utility service is available shall be required to connect
the building to the water utility at the owner's expense no
later than December 31, 1996, or within two (2) years from the
date said water utility service becomes available to the
property, whichever is later. All future buildings
constructed on property to which water utility service is
available shall be required to immediately connect to the water
utility. 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.
1304.02 - 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
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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 Municipal
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.
1304.03 - 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 shall 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 have 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.
Section 2. This ordinance shall take effect and be in full
force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk
River, this ____ day of , 1994.
Henry A. Duitsman, Mayor
Attest:
Sandra Thackeray, City Clerk
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