HomeMy WebLinkAboutOrdinance - 83-18 - Connection to Water and Sewer Systems - 06/16/1983 t
ORDINANCE NO. 18-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 3 WHICH RELATES TO MUNICIPAL AND PUBLIC UTILITIES, BY
ADDING THERETO A NEW SECTION, SECTION 3.07 CONNECTION TO WATER
AND SEWER SERVICES, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER I AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The City Code is amended by adding Section 3.07 as follows:
"SEC. 3.07 CONNECTION TO WATER AND SEWER SERVICES.
Subd. 1. Certificate Required. Pursuant to the authority conferred by
Minnesota Statutes 444.075, in addition to ail other charges for tapping into or
connecting with the municipal sanitary server system or the municipal water
system, including inspection of connection, street opening fees and permit fees
heretofore established by proper Ordinance or Resolution of the City, no
connection permit shall be issued, nor shall any tap or other connection be
installed, or made, with or into any municipal sanitary sewer or municipal water
system of the City, either directly or indirectly, from any lot or tract of land x
unless the City Clerk shall have certified as follows:
A. That the lot or tract of land to be served has been assessed for the cost
of construction of the main with which the connection is made, but this
shall not include lots or tracts assessed under Subd. 5 hereof; A
B. If no assessment has been levied for such construction cost that
proceedings for the levying of such assessment have been or will be
commenced in due course, but this shall not include lots or tracts to be
assessed under Subd. 5 hereof; or
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C. That the cost of construction for the main has been paid by the
developer or builder platting the lot or tract of land, but this shall not
include lots or tracts served by the main which were not a part of that
plat or tract developed.
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Subd. 2. Additional Connection Charges. If none of the above conditions
can be certified by the City Clerk, no permit to tap or make connection to any
sanitary sewer or watermain shall be issued unless the applicant shall pay an
additional connection fee. Such additional connection fee shall be charged for
sanitary sewer and watermain made available by agreement with other munici-
palities, counties or private corporations or individuals, as well as those owned and E
operated by the City itself. The additional connection fee shall be equal to the
average assessment levied against like kind property for a similar public
improvement constructed and installed by the City; provided, however, for a
connection to a residential property the connection fee shall be equal to the
average assessment levied against residential parcels of one-half acre or less. The
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average assessment shall be determined by taking the total assessment for a similar
public improvement and dividing that total by the total number of properties
assessed, such determination having regard for construction costs current on the
date of such determination. Whenever more than one tap or other connection is
requested for service to any lot or tract, or whenever any tap or connection is
requested for a lot or tract which has previously been part of a lot or tract for
which a connection charge has already been imposed pursuant to this subdivision, an
additional charge shall be imposed for each tap or connection requested.
Subd. 3. Separate Fund. Any sum collected and received by the City under
Subd. 2 shall be placed in a separate fund, and shall be used first to pay the normal,
reasonable and current costs of operating and maintaining the municipal sanitary
sewer and municipal water system. Net revenues from time to time received in
excess of such costs may be used as otherwise provided for by law.
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Subd. 4. Notice and Hearing. Before the City Manager or his designate ,}
makes a final determination of the additional connection fee under Subd. 2, he shall
cause a written notice to be sent to the property owner affected stating the i
amount of the proposed connection fee and the basis of its calculation. The notice
shall also state that the owner may, within 10 days of receipt of the notice, demand
a hearing on the matter. If the owner requests a hearing within that time, a
hearing shall be held on the matter by the City Council within a reasonable time
after the date on which the request is made. The notice shall further state that the
owner may request that the charges be levied as an assessment against the lot or 1
tract to be served and an application for such request shall be provided with the
notice. The application shall be made within 10 days of receipt of the notice
referred to above if no hearing is requested, or if a hearing is requested within 10
days following the hearing. If as a result of the hearing, the City Council finds that
the proposed connection fee complies with the requirements of Subd. 2, it shall so
determine. If it determines that the proposed fee is in excess of an amount that
would have been assessed had the property been assessed it shall make a
determination of the proper amount of the fee within the limits specified in 1
Subd. 2. No connection shall be made without payment of the connection fee unless
the fee is to be assessed pursuant to Subd. 5.
Subd. 5. Assessments. Upon application by the owner waiving his right to
notice, hearing and appeal, the City Council may cause the connection fee to be
levied as an assessment against the lot or tract to be served under the procedure
authorized by law with reference to other assessments for benefits of local
improvements.
Subd. 6. Liability for Chafe and Certification to County Auditor. All
additional connection fees imposed pursuant to this Section, including those
assessed pursuant to Subd. 5, shall be a charge against the owner of the lot or tract
of land to be served. The Deputy City Clerk shall certify all unpaid charges to the
County Auditor with taxes against the lot or tract to be served for collection as
other taxes are collected."
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i FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 17thday of May , 1983, and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on the 7th
day of June , 1983.
ATTEST:
Ki,
City Clerk �/ r- Mayor
PUBLISHED in the Eden Prairie News on the 16th day of June , 1983.
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(Official Publication3M)
ORDINANCE NO. i&=
AN ORDINANCE OF THE CITY OF EDEN
PRAIRIE,MINNESOTA,AMENDING CHAPTER
3 WHICH RELATES TO MUNICIPAL AND
PUBLIC UTILITIES, BY ADDING THERETO A AffidavitA' f Publication
EW SECTION,SECTION 3.W CONNECTION TO
WATER AND SEWER SERVICES, AND ADOP-
TING BY REFERENCE CITY CODE CHAPTER I
AND SECTION 3.99 WHICH, AMONG OTHER
THINGS,CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE,MIN-
NESOTA,ORDAINS:
Saiptien 1.The City Code is amending by adding
Section 3AF as follows:
•S M I.S7 OoNNF.CI[ON Tf? WATER AND
SEWER ZMACES..
Subd. 1. CeetlSpite'Required. Perausiot to the
aniaority�ebr +� State of Minnesotain )
connecting with the municipal sanitary sewer )SS.
system or the municipal water system, including County o f Hennepin
inspection of connection, street opening fees and
permit fees heretofore established by proper Or-
dinance or Resolution of the City, no connection
permit shall be issued,nor shall any tap or other titan Rolfsrud,being duly sworn•on oath says that he is and during all the time herein stated has been the publisher and
connection be installed,or made,with or into any printer of the newspaper known as Eden Prairie News and has full knnwledop of the tacts herein stated as follows: (1)
municipal sanitary sewer or municipal water Said newspaper is printed in the English language=n newspaper format and in column and sheet form equivalent in
system of the City, either directly or indirectly, p;inted space to at least 1.200 square inches 2)Said newspaper is a weekly and is distributed at least once a week.(3)
from any lot or tract of land unless the City Clerk Said newspaper has 50%of its news columns devoted to news of local interest to the community which it purports to serve
shall rave certified as follows: and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver-
A.That the lot ar tract of land to be Served has tiseriients. 14 i Said newsparer is circulated in and near the municipality which it purports to serve,has at least 500 copies
been assessed for the cost of construction of the regularly delivered to paying subscribers,has an average of at least 75%of its total circulation currently paid or no more
main with which the connection is mark, but this than three months in arrears and has entry a!:secund-class matter in its local postoffi�e.(5)Said newspaperpm-portsto
shall not include lots or tracts assessed under Subd. serve the City of Eden Prairie in the County of Hennepin and has its known office of issue in the City of Eden Prairie in
5 hereof.B.It no assessment has been levied for such con-
said county,established and oia•n during its regular business hours for the gather"ng of news,sale of advertisements and
struction cost that proceedings for the levying of sale of subscriptions and maintained by the managing officer of said newspaper,persons in its employ and subject to his
such assessment have been or will be commenced direction and control during ail such regular businessq hours and at which said newspaper is printed.(6,Said newspaper
in due course,but this shall not include lots or tracts files a copy of each slue inunediately with the State Historical Society. (7i Said newspaper has complied with all the
to bjjgaessed under Subd.S hereof;or foregoing conditions for at least one y ear prec cding the day ur dates of publication mentioned below. ill) Said newspaper
has filed with the Secretary of State of Minnesota prior to January 1,1976 and each January 1 thereafter an affidavit 111
t •ems !eolwol the forni prescribed by the Secretary ,f SIate and signed by the managing afficer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed e r '1 i
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each week,for successive weeks:that it was first so J i11 r''tRe. 1 6 Jun S 3
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that the following is a printed eopy of the Inver case•d1,hhbCt frotn A to!.,both inclusive,and is hereby acknowledged as
being the size and kind of type used in the comlN,sition and publication of said notice,to wit:
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