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AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER ORDINANCE 13-13 STATE OF MINNESOTA AN ORDINANCE OF THE COUNTY OF SFIERBURNE )ss CITY OF ELK RIVER AMENDING SECTION 78-189,SERVICE AVAILABILITY CHARGE,OF Ton a Orbeck being duly sworn on an oath THE CITY OF ELK RIVER, states or affirms that they are the Authorized MINNESOTA,CITY CODE Agent of the newspapers)known as: The City Council of the City of Elk River does hereby ordain as follows: Star News Section 1.That Section 78-189 titled, Service Availability Charge, of the City of Elk River Code of and has full knowledge of the facts stated Ordinances, shall be amended by below: adding new subsection (e)thereto (A)The newspaper has complied with all of as follows: the requirements constituting qualifica- (e) The City Council, at its dis- cretion and upon a finding that the tion as a qualified newspaper as provided table in Subsection 78-189(d)may by Minn. Stat. §331A.02, §331A.07, and not apply due to circumstances other applicable laws as amended. unique to a particular user,may en- (B)This Public Notice was printed and pub- ter into an agreement to calculate the number of SAC units for com- lished in said newspaper(s) once each mercial,public,or institutional facil- week, for 1 successive week(s); the first ities based on one of the following insertion being on 11/23/2013 and the last alternative methods: insertion being on 11/23/2013. (1.) Information is provided re- garding actual water and sewer use by the same or a substantially similar use that has been existing for a period of not fewer than three (3)years;or (2.) The user shall escrow the B �( SAC charge calculated in accor- Authoriz d Age'nt dance with subsection 78-189 (d) and monitor actual water use for a Subscribed and sworn to or affirmed before period of four(4)years. If the ac- tual average water and sewer use me on 11/23/2013. during the 2nd,3rd and 4th years is fewer than the SAC units estimated by the table in subsection 78-189 (d),the city will recalculate the SAC units and refund the difference to the user without interest.If the ac- Notary Public tual water and sewer use during the fourth year is greater than the SAC units escrowed as calculated by the table in subsection 78-189 (d) the user will not be obligated to pay additional fees and the escrowed funds will be released and depos- ited into the Sewer Fund. Section 2.Passed and adopted ERICA by the City Council of the City of Elk C ®+ WILSON River this 3rd day of June,2013. i f �: Notary Public-Minnesota John J.Dietz,Mayor My Commission Expires Jan 31,2016 ATTEST: Tina Allard,City Clerk Published in the Star News November 23,2013 58314 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $22.00 per column inch Ad ID 58314 ° �NOV