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HomeMy WebLinkAboutOrdinance - 36-96 - Amending City Code Sec. 3.30 - Water Irrigation Ban - 08/20/1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 3.30, SUBD. 6 BY RE-LETTERING SUBPARAGRAPHS A. THROUGH F. AS SUBPARAGRAPHS B. THROUGH G. ; BY ADOPTING A NEW SUBPARAGRAPH A. ; AND, AMENDING SUBPARAGRAPH E. (FORMERLY SUBPARAGRAPH D. ) ; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 3.30, Subd. 6 is amended by re- lettering Subparagraphs A. through F. thereof as Subparagraphs B. through G. and by adding a new Subparagraph A. to read as follows: "A. Except as provided in Subparagraph D. hereof, no person may sprinkle, irrigate, or otherwise use water from the City's municipal water system for lawn, grass or turf during the hours of 12: 01 p.m. through 5:00 p.m. of any day. " Section 2. Section 3.30, Subd. 6. , Subparagraph E. (formerly paragraph D. ) is amended to read as follows: "E. Upon written request and approval by the City Manager and subject to such terms and conditions imposed by the City Manager with respect to such approval, the following persons may be authorized to sprinkle, irrigate or otherwise utilize water from the City's municipal water system at times other than permitted in Subparagraphs A and B hereof: 1. Any person owning or operating a commercial or business enterprise whose economic well-being is dependent upon sprinkling, irrigation or watering of a lawn, grass or turf owned, leased or operated by it; 2. Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned and operated by the City require more frequent watering to prevent unreasonable damage thereto; 3. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires sprinkling or irrigation to prevent loss of new sod, seed or immature turf or grasses for a period of thirty (30) days. " Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd da of September, 1996. CiW Clerk ayor PO LISHED in the Aden Prairie News on the �� day of ��n 1996. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.36-96 AN ORDINANCE OF THE CTFY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 3.30. SUBD. 6 BY RE-LETTERING SUBPARAGRAPHS A.THROUGH F. AS SUB PARAGRAPHS B.THROUGH G.;BY ADOPTING A NEW SUBPARA- GRAPH A.; AND, AMENDING SUB- Affidavit of Publication PARAGRAPH E. (FORMERLY SUB- PARAGRAPH D.); AND ADOPTING Southwest Suburban Publishing BY REFERENCE CITY CODE CHAP- TER i AND SECTION 3.99 WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCILOFTHE CITY State of Minnesota OF EDEN PRAIRIE, MINNESOTA, ORDAINS: )SS, Section 1. City Code Section 3.30, County Of Hennepin ) Subd. 6 is amended by re-lettering Sub- y enne p paragraphs A.through F.thereof as Sub- paragraphs B.through G.and by adding a Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of new Subparagraph A.to read as follows: the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated "A. Except as provided in Subpara- as follows: graph D.hereof,no person may sprinkle, (A)This newspaper has complied with the requirements constituting qualification as a legal irrigate,or otherwise use water from the newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as City's municipal water system for lawn, amended. grass or turf during the hours of 12:01 p.m.through 5:00 p.m.of any day." (B)The printed public notice that is attached to this Affidavit and identified as No.� Section 2. Section 3.30, Subd. 6., was published on the date or dates and in the newspaper stated in the attached Notice,and said Subparagraph E.(formerly paragraph D.) Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the is amended to read as follows: newspaper specked. Printed below is a copy of the lower case alphabet from A to Z,both "E. Upon written request and ap- inclusive,and is hereby acknowledged as being the ' and size of type used in the composition proval by the City Manager and subject to and publication of the Notice: such terms and conditions imposed by the City Manager with respect to such ap- abcdefghij op gr t wxyz proval,the following persons may be au- thorized to sprinkle,irrigate or otherwise utilize water from the City's municipal water system at times other than permitted By: in Subparagraphs A and B hereof: �AjSlf&Rolfsrud,GeneralTdanager 1. Any person owning or operating a or his designated agent commercial or business enterprise whose economic well-being is dependent upon sprinkling,irrigation or watering ofalawn, Subscribed and sworn before me on grass or turf owned,leased or operated by it; 2. Employees and agents of the City, J in such instances wherein lawn,grass or this Aof , 1996 EGYJE =vizturd used for play fief or areas owned _fsd M,. 13�f3U���Y PUELtC-.1V N-aE0TAand operated by th4 City require more ,.frequent watering to prevent unreason- ,.,:aa�oN EXPIRES t-at-oo able damage thereto; 3. Owners and lessees(their employ- Notary Public ees and agents)of lands newly sodded or grass seeded which requires sprinkling or irrigation to prevent loss or new sod,seed or immature turf or grasses for a period of thirty(30)days." r Section 3. City Code Chapter i en- titled "General Provisions and Defini- tions Applicable to the Entire City Code Including Penalty for Violation"and Sec- tion 3.99 entitled "Violation a Misde- meanor"are hereby adopted in their en- tirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall be- RATE INFORMATION come effective from and after its passage and publication. Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch FIRST READ at a regular meeting of Maximumrate allowed by law for the above matter...................................$16.00 per column inch the City Council of the City of Eden Rate actually charged for the above matter.............................................. $ 7.67 per column inch Prairie on the 20th day of August, 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of September, 1996. City Clerk Mayor (►'ublished in the Eden Prairie News on Thursday,September 12,1996;No.7684)