HomeMy WebLinkAboutOrdinance - 167 - Creating an Escrow Account for Sanitary Sewer Construction - 03/14/1972 VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 167
AN ORDINANCE CREATING AN ESCROW ACCOUNT
FOR CONSTRUCTION OF SANITARY SEWER LATERALS
AND IMPOSING PENALTIES FOR THE VIOLATION
THEREOF.
WHEREAS, municipal sanitary sewer is urgently needed to protect
the public health and general welfare of the inhabitants of the Village
from the hazards of private on-site sewerage disposal systems, and
WHEREAS, in the interest of protecting said public health and
welfare, the Village is desirous of encouraging development to occur in
those areas of the Village which are served by municipal sanitary sewer systems,
and
WHEREAS, the Village of Eden Prairie has embarked on an extensive
program of installing sanitary sewer throughout the Village, and
i WHEREAS, in conjunction with such program the Village has a comprehen-
sive plan for the Village for the installation of such sanitary sewer so that
all properties located therein can and will be served with municipal sanitary
sewer, and
WHEREAS, it is intended that within a limited period of time that the
entire Village will be served by said municipal sanitary sewer system, and
4
WHEREAS, it is the experience of the Village that the installation of
private sewerage systems by builders in some cases has resulted in the creation
of health hazards, nuisances and pollution sources, and
WHEREAS, these problems normally do not become known until after the
builder has sold the premises to an innocent purchaser, and
WHEREAS, the usual necessary solution to such problems is the install -
ation of a public sewerage system financed by property owners who are already
economically with the financing of their own private sewerage system making it
economically impractical to finance a public system making abatement of the
hazard impossible, and
WHEREAS, it is deemed necessary to reduce the cost inequity in building
in an area where municipal sanitary sewer is not yet installed from those areas
where municipal sanitary sewer is not installed, and
WHEREAS, to foster such municipal sewerage development it is deemed
necessary that applicants for building permits excrow with the Village a portion
of the cost of sanitary sewer at such time as application for a building permit
is made, and
Ordinance No. 167
Page Two
WHEREAS, the escrowed amount will be required where property is to
be served by temporary on-site sanitary sewer disposal systems, and
WHEREAS, it is the policy and recommendation of the State Board of
Health and Metropolitan Council for municipal government to encourage the
use of municipal sanitary sewerage systems,
NOW THEREFORE, the Village Council of the Village of Eden Prairie
does ordain as follows:
Section I.
Subdivision 1 . There is hereby imposed upon all lands classified by $.
Ordinance No. 135, except those properties in the Rural district which contain fi
the required 5 acre area, which are to be served by an on-site sanitary sewer-
age system, a charge of $1,000.00 per building site. Said charge is to be paid
to the Village at the time of application for said building permit and no
bui 1 di ng permi t shal 1 be i ssued wi thout the payment of sai d sun.
Subdi vi si on 2. Sai d charge sha1 1 be hel d by the Vi 1 cage in escrow and
credited to the account of the property of the applicant for a period of not to
exceed 15 years from the date of the permit. At the time municipal sanitary a
sewer is instal led to serve the property for which benefi t to amount escrowed
was made, said escrowed amount plus accrued interest shall be used to reduce
the cost of such sewer apportioned to said property. In the event that said
municipal sanitary sewer is not installed to serve said property within said
1 5-year period, the escrowed amount plus accrued interest credited to it shall
be refunded to the then record owner of said property.
Subdivision 3. The amount of interest to be credited to each account
shall be determined annually by the Council and credited to each individual
account.
Section 2. Violation.
Violation of this Ordinance by any licensee or permi tee of the Village
of any provision of this Ordinance shall be grounds for suspension or revocation
of such license.
Section 3. Penalty.
Any person, firm or corporation violating any provision of this Ordinance
shal 1 be gui 1 ty of a mi sdemeanor and each day that a vi of ati on thereof i s per-
mitted to exi st shal 1 consi st of a separate offense. Such misdemeanor shal 1 be
punishable by a fine of not more than $300.00 or imprisonment for not to exceed
90 days.
Ordinance No. 167
Page Three
FIRST READ at a regular meeting of the Council of the Village of
Eden Prairie this 14th day of March, 1972, and finally read and adopted
and ordered published at a regular meeting of the Council of said Village
on the 28th day of March, 1972.
Paul R. Redpath, Mayor
ATTEST:
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State of Minnesota Voltage tot tb■ ipswilaaon CW%ate.
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County of Hennepin
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J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated don tdmchproblrs
has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie a.lmsda setfe7s4e by,
Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in pP"appet '
the English language in newspaper format and in column and sheet form equivalent in printed the Y W. Y +dc
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least i it tofiaanew''
once each week. (3) Said newspaper has 30% of Its news columns devoted to news of local httsa rd rY.
interest to the community which it purports to serve and does not wholly duplicate any other W
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said arm who
newspaper is circulated in and near the municipality which it purports to serve, has at least notirot it i�
500 copies regularly delivered to paying subscribers, has an average of at least 75 ro of its total GNdpot a wi
circulation currently paid or no more than three months in arrears and has entry as second- WHl'BtEAt+u. twN #soi#klp '
class matter in its local post-office- (5) Said newspaper purports to serve the City of Minne-
tonka and Village of Eden Prairie in Hennepin County and it has its known office of issue is
In the City of Bloomington in Hennepin County, established and open during its regular tbetaaatof ttitth#aas;. 4
business hours for the gathering of news, sale of advertisements and sale of subscriptions and hir�aade,
maintained by the managing officer or persons in its employ and subject to his direction and "s " aeosttbwpl.
control during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) Said newspaper eery astgir)I t
files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has find rebstA
complied with all foregoing conditions for at least two years preceding the day or dates of rtteudatfoal+ �'
and sateaidpal,
publication mentioned below. (8) Said newspaper has filed with the Secretary of State of `' wre:e(mu
Minnesota prior to January 1• 1966 and each January 1 thereafter an affidavit in the formpa� +'
prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn NQW tbs., V its
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to before a notary public stating that the newspaper is a legal newspaper. dwsOrda r•'
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He further states on oath that the printed
Ordinance No•
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed fl tial
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the day of 19 and that the following is a printed copy Out a 1p T
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as beingc� tim)
the size and kind of type used in the composition and publication of said notice, to-wit: an silk`
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Subscribed and sworn to before m this e A day of P 19
(Notarial Seal) .Vl
Muriel IS—Quist. Notary Public, Hennepin County, Minn.
My Commission Expires July 28th,WW /9 9?