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AN ELK RIVER AMENDING , <br />URVICE AVAILABILITY CHARGE, OF THE CITY OF ELK RIVER, MINNESOTA <br />CITY ;l <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 />(1.) 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 />2 "d, 3rd and 4`" 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 />f \ <br />ghn J. Di tz, Ma <br />ATTEST: <br />Tina Allard, City Clerk <br />