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ORDINANCE NO. 10-21 CITr OF ELK RIVLR AN ORDINANCE OF THE : CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF BLS RIVER CODE OF ORDI- NANCES TO ADD NEW SECTION 78-26 PROHIBIT- ING PRIVATE WELLS FOR DOMESTIC USE ON PROP - ERTIES WITIIIN THE CITY SERVED BY THE CITY WATER SYSTEM Findings of Fact' The City Council of the City of Elk River finds that it is nec- essary, to protect the integrity of the City Water Utility and to ensure adequate water sup - plies to meet the health, safety and welfare needs ;of the City and its residents, to prohibit the installation of Private Wells for Domestic Use on properties served by the City water system. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1.That Chapter 78 of the Elk River City Code of Ordinances shall be amended to add new Section 78 -26 as follows.,,' Section 78 -26. Private Wells for Domestic Use. a. The installation of new Private Wells for Domestic Use on any property to which City Water Utility Service is avail- able, other than wells which serve a single buildable Lot (as �'efined in this Code), is pro - ibited, subject to the excep- tions set forth in Section 78 -26 (c). b. Private Wells for Dgmestic Use in existence on October 18, 2010, and Private Wells for Domestic Use installed subse- quent to October 18, 2010 on properties to which City Water Utility Service is not available at the time of installation, may remain in use provided they comply with all applicable regulations, including but not limited to 42 USCS §300f - 300j -26 and Minn. Stat. §144.381 to 144.387. c. "Private Wells for Domes- tic Use" shall mean any well not owned by the City Water Utility which is drilled or installed for potable water or irrigation purposes. "Private Wells for Domestic Use" shall not include wells drilled for such purposes as dewatering, groundwater monitoring, heating or cooling, elevator borings or environmental bore holes. Section2.That this Ordi- Zitt Stephanie Klinzing Mayor Attest: Tina Allard (030) City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE ) Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A)The Newspaper has complied withal] ofthe requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 30th day of October, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 30th day of October, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijkImnopgrstuvwxyz Sales Manager Subscribed and sworn to before me on this 30th day of October, 2010 NoTq QQ RYP NRV c eM��aFSOravC D ti e at, rs Notary Public ------------------------------------------ - - - - -- RATE INFORMATION (1) Lowest classified rate paid by commercial $ 21.00 users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,400,275 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)