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AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/20/2023 and the last insertion being on 05/20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latte county. By: Desi nt Subscribed and sworn to or affirmed before me on 05/20/2023 by Rhonda Herberg. Notary Public wr"'w;"r'w'nwrrrvswva�w DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA W Commbsfoll Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1316436 CITY OF ELK RIVER ORDINANCE 23-11 AN ORDINANCE AMENDING CHAPTER 66, SECTION 66-62, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES — RIGHT- OF-WAY DELAY PENALTY OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 66-62, De- lay Penalty of the City of Elk Riv- er Code of Ordinances shall be amended to read as follows: In accordance with Minneso- ta Rules 7819.1000, subp. 3, and notwithstanding any provision of this article, the city establishes a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or resto- ration. A person shall be subject to a fee or penalty for violation of this ordinance when an obstruction of the right-of-way exists beyond the date specified in the permit, is per- forming non -emergency work in the right-of-way without having been issued a permit or when a person causes the city to incur costs as a result of actions or inactions of a person. A delay penalty will not be im- posed in the discretion of the direc- tor for delays due to force majeure, including inclement weather, civil strife, acts of God, or other circum- stances beyond the control of the permit holder. The delay penalty for violation of this ordinance may be levied daily for as long as the violation occurs. The amount of the delay penalty will be determined by the appli- cability of each specified circum- stance, which reflect unnecessary inconvenience and hazard expo- sure to the public: Traffic Control. The permit hold- er shall, within 1 calendar day of completion of work, retrieve all traffic control associated with the permit. Failure to remove any traffic, control devices from right-of-way shall result in a monetary penalty of $100 per day, up to seven days. If any obstruction remains in right-of- way after seven days, city staff will remove the hazards and notify the permit holder of their new location. Collection. The permit holder will incur a fee for all staff and equip- ment hours utilized to retrieve the hazards, calculated at a rate con- sistent with the most recent city fee schedule. Storage. The permit holder will incur a fee of $100 per day for any hazards stored in city facilities. Restoration. The permit hold- er shall, within 1 calendar day of completion of work, perform any necessary patching or restoration work as specified within the permit. Failure to correct any damaged in- frastructure within the right-of-way shall result in a monetary penalty of $200 per day, up to, three days. If after three days the hazard still exists, the city shall initiate resto- ration. All staff hours used to pro- cure a contractor, facilitate resto- ration and inspection will result in a monetary penalty to the permit holder calculated at a rate consis- tent with the most recent city fee schedule, and the actual costs to the City to engage the contractor to perform the work. (Ord. No. 00-09, § 1(1200.03(3)), 4-17-2000) SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 15th day of May 2023. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News May 20, 2023 1316436