Ordinance No

CITY OF ELK RIVER
ORDINANCE 13 – 13
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 78-189, SERVICE AVAILABILITY CHARGE, OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 78-189 titled, Service Availability Charge, of the City of Elk River Code of Ordinances, shall be amended by adding new subsection (e) thereto as follows:
(e) The City Council, at its discretion and upon a finding that the table in Subsection 78-189 (d) may not apply due to circumstances unique to a particular user, may enter into an agreement to calculate the number of SAC units for commercial, public, or institutional facilities based on one of the following alternative methods:
(1.) Information is provided regarding actual water and sewer use by the same or a substantially similar use that has been existing for a period of not fewer than three (3) years; or
(2.) The user shall escrow the SAC charge calculated in accordance with subsection 78-189 (d) and monitor actual water use for a period of four (4) years. If the actual average water and sewer use during the 2nd, 3rd and 4th years is fewer than the SAC units estimated by the table in subsection 78-189 (d), the city will recalculate the SAC units and refund the difference to the user without interest. If the actual water and sewer use during the fourth year is greater than the SAC units escrowed as calculated by the table in subsection 78-189 (d) the user will not be obligated to pay additional fees and the escrowed funds will be released and deposited into the Sewer Fund.
Section 2. Passed and adopted by the City Council of the City of Elk River this 3rd day of June, 2013.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
November 23, 2013
58314

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