6.2. SR 04-02-2012 - Laserfiche WebLink

Home Browse Search

PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF REPAIRS TO PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 TO: City Council of the City of Elk River located at (the Owners), owners of the property Exhibit A attached hereto (the Property), and legally described on Petition the City of Elk River (the City) to pay the costs of certain repairs (the Repairs) to private utility lines located on the Property or in the Right-of--Way directly adjacent to the Property, including: Repair of private water service line(s) currently connected to the City System Repair of private sanitary sewer service line(s) currently connected to the City System In an amount not to exceed that set forth on Exhibit B attached hereto (the Cost of Repairs), And to levy a special assessment against the Property in the amount of the Cost of Repairs as an unpaid special charge pursuant to Minnesota Statutes, Section 429.101. Owners acknowledge and agree: 1) that there has been a failure of the private utility lines on the Property; 2) that the failed service line(s) is connected to the public system; 3)that the failure of the utility lines has created a public health and safety hazard near the failure; 4) that the Work identified on Exhibit B is reasonable and necessary to eliminate the public health and safety hazard on the Property; 5) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 6) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Owners acknowledge that the City may accept or reject this Petition, Waiver and Agreement in its sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and Agreement: 1) to have the Repairs identified on Exhibit B completed as required by the policies and ordinances of the City; 2) that the Repairs performed shall be privately contracted by the Owners; 3) that the City shall bear no responsibility for or liability related to the performance of the Repairs; 4) that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Repairs; 5) to procure and pay the cost of all permits required for the