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ORDINANCE 13 - <br /> CITY OF ELK RIVER <br /> AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 78-189, <br /> SERVICE AVAILABILITY CHARGE, OF THE CITY OF ELK RIVER, MINNESOTA, <br /> CITY CODE <br /> The City Council of the City of Elk River does hereby ordain as follows: <br /> Section 1. That Section 78-189 titled, Service Availability Charge, of the City of Elk River Code <br /> of Ordinances, shall be amended by adding new subsection (e) thereto as follows: <br /> (e) The City Council, at its discretion and upon a finding that the table in <br /> Subsection 78-189 (d) may not apply due to circumstances unique to a <br /> particular user, may enter into an agreement to calculate the number of SAC <br /> units for commercial,public, or institutional facilities based on one of the <br /> following alternative methods: <br /> (I.) Information is provided regarding actual water and sewer use by the <br /> same or a substantially similar use that has been existing for a period <br /> of not fewer than three (3) years; or <br /> (2.) The user shall escrow the SAC charge calculated in accordance with <br /> subsection 78-189 (d) and monitor actual water use for a period of <br /> four (4) years. If the actual average water and sewer use during the <br /> 2nd, 3rd and 4d'years is fewer than the SAC units estimated by the <br /> table in subsection 78-189 (d), the city will recalculate the SAC units <br /> and refund the difference to the user without interest. If the actual <br /> water and sewer use during the fourth year is greater than the SAC <br /> units escrowed as calculated by the table in subsection 78-189 (d) the <br /> user will not be obligated to pay additional fees and the escrowed <br /> funds will be released and deposited into the Sewer Fund. <br /> Section 2. Passed and adopted by the City Council of the City of Elk River this 3rd day of June, <br /> 2013. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City Clerk <br />