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HomeMy WebLinkAbout2002.12.05 ORD 2002-366CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2002- 366 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING CITY CODE CHAPTER 314 GOVERNING REPAIRS TO SEWER AND WATER SYSTEMS WITHIN THE CITY OF HUGO THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City of Hugo does not presently have an Ordinance which clarifies the respective liability of the City and private parties for repair to sanitary sewer, storm sewer or water lines; and, WHEREAS, the City believes that such a provision is necessary to provide guidance in situations where repairs are needed to sanitary sewer, storm sewer or water lines; and, NOW, THEREFORE, it is hereby ordained as follows: • Section 1. Amendment. The City Code of the City of Hugo, Washington County, Minnesota is hereby amended to add the following as Section 314-24: " T .i a�� for Repair-,. After the initial connection has been made to the curb stop or the sewer lead the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or sanitary sewer or storm sewer lines necessary for connection of the premises to the street main, including any repairs necessary to the curb stop box and any necessary street repairs; it shall be the responsibility of the applicant, owner, occupant or user to maintain the stop box at such height as will insure that it remains at the finished grade of the land or property. In the event a water main becomes frozen, the City of Hugo will be responsible for thawing the same. The property owner shall have the sole responsibility of thawing the frozen water service line from its connection to the street main into the premises. All contractors engaged in thawing water lines must comply with the directions of the City in their activities. No water customer shall be given a credit on a water bill for allowing water to run to prevent freezing without specific prior authorization from the Council annually." Rev. 12/09/02 1 And the following as Section 314-25: "The property owner shall comply with instructions from the City of Hugo regarding the repair or replacement of any sewer lines or water lines or other improvements and, in the event the property owner fails to repair any sewer lines or water lines or improvements, the City may undertake the work and assess the property for all costs associated therewith. All repairs shall be performed by an approved licensed contractor pursuant to City of Hugo specifications. If the repair extends into a City street, right-of-way or easement, prior written notice of the City of Hugo is required. All such areas shall be restored to City standards by an approved contractor." Section 2. SeverahilitT. In the event that a Court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included within that judgment. Section 3. Effective bate. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by City Council of the City of Hugo, Washington County, Minnesota, this 5th day of December, 2002. ATTEST: -211 Mary reager, City Clerk Rev. 12/09/02 2 Fran Mlto' n, Mayor r "PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RDINANCE NO. 2002- 366 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MIN- NESOTA, AMENDING CITY CODE CHAPTER 314 GOVERNING REPAIRS TO SEWER AND WATER SYSTEMS WITHIN THE CITY OF HUGO THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City of Hugo does not presently have an Ordinance which clari- fies the respective liability of the City and private parties for repair to sanitary sewer, storm sewer or water lines; and, WHEREAS, the City believes that such a provision is necessary to provide guidance in situations where repairs are needed to sanitary sewer, storm sewer or water lines; and, NOW, THEREFORE, it is hereby ordained as follows: Section 1. Amendment. The City Code of the City of Hugo, 'Washington County, Minnesota is hereby amended to add the following as Section 314-24: "Liability for Repairs. After the initial connection has been made to the curb stop or the sewer lead the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or sanitary sewer or storm sewer lines necessary for ;tion of the premises to the street including any repairs necessary to curb stop box and any necessary street repairs; it shall be the responsibility of the applicant, owner, occupant or user to maintain the stop box at such height as will insure that it remains at the finished grade of the land or property. In the event a water main becomes frozen, the City of Hugo will be responsi- ble for thawing the same. The property owner shall have the sole responsibility of AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. (B) The printed CITY OF HUGO ORDINANCE NO. 200--366 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 18 day of DECFMRFR_ 20-02—, and was thereafter printed and published on every to and including 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: abcdefghijkf mnopgrstuvwxyz BY:. &A Ja,,—C TITLE: Publisher Subscribed and sworn to before me on this 18 day of DECEMBER , 20 02 //�. A — ==,,�•NcoaryPublic, Minn. MARGARET TENNESSEN NOTARY PUBLIC - MINNESOTA RATE INFORMATION ': PI COMMISSION 31, ,u� , -x�l�i�:; JAN. a1, Inas .... . "........................... (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word or inch rate) (Line, word or inch rate) $ 6.75/INCH (Line, word or inch rate) thawing the frozen water service line from its connection to the street main into the premises. All contractors engaged in thawing water lines must comply with the directions of the City in their activities. No water customer shall be given a credit on a water bill for allowing water to run to prevent freezing without specific prior authorization from the Council annually." And the following as Section 314-25: "The property owner shall comply with instructions from the City of Hugo regarding the repair or replacement of any sewer lines or water lines or other improvements and, in the event the prop- erty owner fails to repair any sewer lines or water lines or improvements, the City may undertake the work and assess the property for all costs associated there- with. All repairs shall be performed by an approved licensed contractor pursuant to City of Hugo specifications. If the repair extends into a City street, right-of-way or easement, prior written notice of the City of Hugo is required. All such areas shall be restored to City standards by an approved contractor." Section 2. Severability. In the event that a Court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included within that judgment. Section 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publica- tion according to law. Passed and adopted by City Council of the City of Hugo, Washington County, Minnesota, this 5th day of December, 2002. Fran Miron, Mayor ATTEST: Mary Ann Creager, City Clerk Published in the White Bear Press December 12, 2002.