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Home My WebLink AboutOrdinance - 32-2012 - Amending City Code Chapter 3, Relating to Municpial and Public Utilities - 12/06/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 3, RELATING TO MUNICIPAL AND PUBLIC UTILITIES, 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 Chapter 3, Section 3.01, Subd. 3 is hereby amended by deleting the word "TV" and replacing it with the word"System." Section 2. City Code Chapter 3, Section 3.02, Subd. 1 is hereby amended by deleting the final sentence. Section 3. City Code Chapter 3, Section 3.02 is hereby amended by deleting Subd. 2 in its entirety. Section 4. City Code Chapter 3, Section 3.05 is hereby amended by (i) deleting from the first sentence the word "mailed" and replacing it with the word "sent;" (ii) deleting from the second sentence the phrase "within twenty (20) days after the date of mailing of the statement to the customer" and replacing it with the phrase "by the bill due date;" and (iii) inserting after the second sentence the following sentence: "Bills not paid by the due date shall be charged a late payment penalty of 1%per month until paid or until certified to taxes." Section 5. City Code Chapter 3, Section 3.05, Subd. 6 is hereby amended by deleting from the fourth and fifth sentences the word "months" and replacing it in each instance with the word "years." Section 6. City Code Chapter 3, Section 3.05, Subd. 8 is hereby amended by deleting paragraph (B) in its entirety and replacing it with the following paragraph "Each such charge is hereby made a lien upon the premises served. Unpaid charges shall not be certified to the county auditor until notice has been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus an administration fee will be certified to the county auditor for collection as other taxes are collected, The owner of the property shall have the option of paying the balance due on the account plus an administration fee until the date stated in the notice." Section 7. City Code Chapter 3, Section 3.07, Subd. 1 is hereby amended by deleting from the first sentence the year 661990." Section 8. City Code Chapter 3, Section 3.07, Subd. 1 (B) is hereby amended by inserting after the word "Subdivision" the number "5." Section 9. City Code Chapter 3, Section 3.07, Subd. 6 is hereby amended by deleting from the second sentence the word "Deputy." Section 10, City Code Chapter 3, Section 3.30 is hereby amended by deleting Subd. 9 in its entirety. Section 11. City Code Chapter 3, Section 3.75, Subd. 2 is hereby amended by deleting from the first sentence the year"1992." Section 12, City Code Chapter 3, Section 3.75, Subd. 4 is hereby amended by (i) adding to Classification 1 after the words "Single Family" the phrase: "/Condos/Townhomes/ Flats/Twinhomes[Lofts/Doubles;" (ii) deleting from Classification 2 the words "Railroad ROW;" and (iii) by adding to Classification 4 after the words "Golf Course"the words "/Railroad ROW." Section 13. City Code Chapter 3, Section 3.75, Subd. 8 is hereby amended by deleting the last sentence in its entirety. Section 14. City Code Chapter 3, Section 3.75, Subd. 9 is hereby amended by (i) inserting into the first sentence after the words "single-family" the phrase ", condos, townhomes, flats, twinhomes, lofts and double;" and (ii) inserting into the second sentence after the words "assumed that" the phrase "the average of all," and after the words "single-family" the phrase ", condos, townhomes, flats, twinhomes, lofts and double." Section 15. City Code Chapter 3, Section 3.75, Subd. 10 is hereby amended by inserting into the second sentence after the words "issued every"the phrase "month or every." Section 16. City Code Chapter 3, Section 3.75, Subd. 11 is hereby amended by deleting from the first sentence the year"1992." Section 17. City Code Chapter I 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 18. 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 16'h day of October, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20'h day of November, 2012. KatKlee'n Porta, City Clerk N4icy a-ItKene,%rayol" Published in the Eden Prairie News on the 6 1h day of December, 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 32-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 3, RELATING TO MUNICIPAL AND PUBLIC UTILITIES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No32- 2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Chapter 3 by: The Ordinance updates the regulation of utilities in a variety of ways including replacing the term Cable TV with the term Cable System,deleting the Industrial Users Strength Charge,revising the billing process for municipal utilities,revising meter accuracy look backs to six years,revising the procedure used to assess unpaid utility charges,removing years from statutory references,adding a subdivision number to the water and sewer connection certification provisions,removing Deputy from the reference to the City Clerk,deleting the subdivision on unmetered service,adjusting storm water classifications, setting of rates, and billing provisions, and incorporating, by reference, City Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Ka leen Porta, City Clerk N ncy�Ty a L,,4k n< ayor PUBLISHED in the Eden Prairie News on December 6, 2012. Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE HENNE PIN COUNTY, MINNESOTA State of Minnesota SUMMARY OF ORDINANCE )SS. NO.32-2012 AN ORDINANCE OF THE CITY: County of Hennepin OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAP- TER 3,RELATING TO MUNICIPAL AND PUBLIC UTILITIES, AND ADOPTING BY REFERENCE CITY Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the CODE CHAPTER 1 AND SECTION publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts 3.99 WHICH, AMONG OTHER herein stated as follows: THINGS, CONTAIN PENALTY PROVISIONS. ,The following is only a sum. (A)This newspaper has complied with the requirements constituting qualification as a legal mart' of Ordinance No32- 2012. newspaper,as provided by.Minnesota Statute 331A.02,331A.07,and other applicable laws,as The full text Is available for public amended. inspection by any person during regular office hours at the Office (B)The printed public notice that is attached to this Affidavit and identified as No.3YJ_I of the City Clerk, The Ordinance was published on the date or dates and in the newspaper stated in the attached Notice and said amends City Code Chapter 3 by: Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of The Ordinance updates the the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z, both regulation of utilities in a variety inclusive,and is hereby acknowledged as being the kind and size of type used in the composition of ways including replacing the term Cable TV with the term Cable and publication of the Notice: System, deleting the Industrial Users Strength Charge, revising abedefghiiklnmopqrstuvwxyz the billing process for municipal utilities, revising meter accuracy look backs to six years, revising the procedure used to assess unpaid By._ J utility charges, removing years Laurie A.Hartmann from statutory references, adding a subdivision number to the water and sewer connection certification provisions.removing Deputy from Subscribed and sworn before me on the reference to the City Clerk, deleting the subdivision on un- metered service, adjusting storm water classifications, setting of this day of 2012 rates, and billing provisions,and incorporating,by reference, City Code Chapter I and City Code Sec- tion 3.99,which contain provisions relating to penalties, JYMME JEANNME BARK EFFECTIVE DATE. This Or- dinance shall take effect upon NOTARY PUBUC-MINNESOTA publication. Nr;ic� #'M� MY COMMISSION EXPIRES 01/31113 Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Ports,City Clerk (A full copy of the text of this Ordinance Is available from City Clerk.) (Published in the Eden Prairie RATE INFORMATION News on Thursday, December 6, Lowest classified rate paid by commercial users for comparable space...$3 1.20 per column inch 2012;No.3451)i...... Maximum rate allowed by law for the above matter.........................___....$31.20 per column inch Rate actually charged for the above matter.................. ........... .....$12.59 per column inch