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2.2. SR 08-25-2004
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2.2. SR 08-25-2004
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Item ~ 2.2. <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />Pat Klaers, City Administrator <br /> <br />Terry Maurer, City Engineer~ <br /> <br />DATE: <br /> <br />August 18, 2004 <br /> <br />SUBJECT: Sanitary Sewer and Water Service Connections <br /> <br />Attached is an exhibit I prepared for Bryan Adams regarding neighborhoods in the city that <br />have had sewer and water extended into them and therefore, were under a timeline by city <br />ordinance to connect to the sewer and/or water systems. <br /> <br />I have also previously talked with Chris Johnson, City Attorney, to get a legal perspective on <br />what the current city ordinance allows in cases where properties do not connect to the city <br />sewer and water system within the required time. Attached also is a highlighted section of <br />the city code which Chris returned to me and explained that there are two remedies currently <br />within the ordinances. The first remedy in Ordinance Sections 78-32 and 78-97 allows the <br />city to give written notice if a property does not connect to sewer and/or water within the <br />two-year period. The written notice would require the homeowner to connect within 90 <br />days. If the property owner does not connect to the utility within 90 days, the city has the <br />right to make the connection and charge the owner. If the owner does not pay, the city has <br />the right to special assess the cost against the particular property. I believe that Chris and I <br />both agree that this seems like a "police power" that the city would likely not use, based on <br />past history. <br /> <br />The second remedy for non connection that the city code lays out pertains to only the water <br />utility and is in Section 78-34 which allows for properties that have not connected within the <br />two-year requirement to be charged a water availability charge and a water connect charge <br />along with a monthly user charge. The monthly user charge is in an amount established by <br />the City Council or the Public Utilities Commission. <br /> <br />Hopefully, this information will give some background for the City Council and Munidpal <br />Utilities Commission to discuss this issue further. <br /> <br />S:~PLANNING\Teny Maurer\08 18 04 memo PK.doc <br /> <br /> <br />
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