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. . . Affidavit of Publication ORDINANCE 04 - 15 CITYOFELKRlVER . AN ORDINANCE QFTHE.CITY OF ELK RIVER. AMENDING SECTIONS 30-796 AND 30-1007 OF THE CITY CODE OF ORDI- NANCES RELATING TO FENCES AROUND.. SWIMMING POOLS Case No. Ok04-03 The City Council of the City of Elk River does hereby ord!li.n.. as follows: Section 1. Section 30-796 titled Fences, visibility. at. intersections and driveways oOhe City of Elk' River Code of Ordinances shall be amended 1;ly.adding. the following: Sec. 30-796. Fences, visibility at intersections and driveways. (d)(4) (a) All below ground pools that require a building per- mit shall be enclosed with a fence that is a minimum four feet high and includes lockable gates. The fence shall be installed prior to fill. ing the pool. Fencing shall be chain link, vertical pickets or solid. Spaces between the .bottom of the fertce .. ana.. the ground.' 6r'betweerl' the pickets shall not exceed 4 inch- es. (b) All above ground pools that require a building permit shall be enclosed with a fence that com- plies with standards for below ground pools. On above ground pools that are a miniplUm of four feet . above grade on all sides, access can controlled with a lock- able or remGvable ladder. Section 2. Section 30-1007 titled Accessory structures. City of Elk River Code of Ordinances shall be amended by amending the follow- ing: Section 30-1007. AcCessory struc- tures (5) Swimming pools. Swimming pools shall be setback a minimum of eight feet from the side yard and rear yard lot lines and must com- ply with the required front yard setback as. this subdivision II. Swimming pools must comply with the fencing requirements found in Section 30-796. Section 3. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City. of Elk River this 18th day of i October, 2004. . Steph~ie Klinzing' Mayor STATE OF MINNESOTA ) )ss. COUN1Y OF SHERBURNE) E \ ( ? Ld,;:3e+h Hncr rl <: being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Elk River Star News, and has full knowledge of the facts which are stated below: A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B) The printed ULO-1.mLLc.L-.__________ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for:1- successive weeks; it was first published on Wednesday, the .:l,-tr- day of Oc.-Jr'lhl"v 20 0<1 , and was thereafter printed and published every Wednesday to and including Wednesday, the day of , 20_; 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. abcdefghij klmnopqrstuvwxyz 1~tttb5k~ E?1 ENr'fru. r'Y\.rLACl JCv BY: TITLE: - Subscribed and sworn to before me on this <d ,-r< day of Oc 1-6 b-ev Attest: Joan Schmidt City Clerk (Oct27) . (1) Lowest classified rate paid by commercial users for comparable space $ d,G 0 . ( 0 (2) Maximum rate allowed by law for the above matter $ l Q '3 .9 c) (3) Rate actually charged for the above matter $ lo'6,e>tD