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ORD 16-05ORDINANCE NO.: 2016-05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE RELATED TO IRRIGATION RESTRICTIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-1-7.D.2 of the City Code is hereby amended to read as follows: 2. Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mailing. Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 2. Section 6-1-8 of the City Code is hereby amended to read as follows: 6-1-8: WATER USE CONSERVATION: To conserve water resources and allow the City's water system flexibility in meeting peak demands, certain limitations on the use of the City's water supply hereby established: A. An odd -even irrigation restriction based on street addresses is in effect from May 1 to September 30 each year; Property owners with odd numbered addresses may water on odd calendar days and property owners with even numbered addresses may water on even calendar days. B. Homeowners' associations and apartment complexes that provide a common irrigation system shall irrigate only every other day. C. City water shall not be used for the purposes of irrigating or watering lawns, sod, or seeded areas between eleven o'clock (11:00) A.M. and five o'clock (5:00) P.M. daily. D. Sections 6-1-8.A to C of this Section do not apply in the following situations: 1. Limited hand watering of plants using a hose or hand held watering container. 1 2. Irrigation of new landscaping, sod, or seed within thirty (30) days of installation. 3. Irrigation from a source other than the City's water supply if the alternative source is allowed by the City Code and properly permitted by the State of Minnesota. Under this exemption, the City may inspect the property to ensure compliance. E. Penalties: 1. Failure to comply with restrictions imposed under this Section 6-1-8 shall result in a surcharge for water service for each violation in an amount established by Section 2-4-2.J of the City Code, which will be added to the water bill for the property on which such violation occurs. 2. Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mailing. Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Schroeder SECOND BY: Darkenwald ALL IN FAVOR: Heidner, Schroeder, Darkenwald THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 22nd day of February, 2016. ATTEST: Tami Loff, City Clerk 3 CITY OF OTSEGO BY: Vern Heidner, ctin Mayor AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SPERBURNE Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(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 02/27/2016 and the last insertion being on 02/27/2016. 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 latter county. Designated Agent Subscribed and sworn to or affirmed before me on 02/27/2016 by Charlene Vold. cr- Notary Public °�tee4,r • DARLENE MARIE MACPHERSON' Notary Public -Minnesota fir; . • 4'° My Commission Expires Jan 31, 2019 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 513810 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA ORDINANCE NO,: 2016-05 AN ORDINANCE AMENDING THE CITY CODE RELATED TO IRRIGATION RESTRICTIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-1-7.D.2 of the City Code is hereby amended to read as follows: 2. Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mail- ing. Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 2. Section 6-1-8 of the City Code is hereby amended to read as follows: 6-1-8: WATER USE CONSER- VATION: To conserve water re- sources and allow the City's water system flexibility in meeting peak demands, certain limitations on the use of the City's water supply hereby established: A. An odd -even Irrigation restric- tion based on street addresses is in effect from May 1 to September 30 each year; Property owners with odd numbered addresses may wa- ter on odd calendar days and prop- erty owners with even numbered' addresses may water on even cal- endar days. B. Homeowners' associations and apartment complexes that pro- vide a common irrigation system shall irrigate only every other day. C. City water shall not be used for the purposes of Irrigating or watering lawns, sod, or seeded ar- eas between eleven o'clock (11:00) A.M. and five o'clock (5:00) P.M. daily. D. Sections 6-1-8.A to C of this Section do not apply in the follow- ing situations: 1. Limited hand watering of plants using a hose or hand held watering container. 2. Irrigation of new landscaping, sod, or seed within thirty (30) days of installation. 3. Irrigation from a source other than the City's water supply if the alternative source is allowed by the City Code and properly permitted by the State of Minnesota. Under this exemption, the City may in- spect the property to ensure com- pliance. E. Penalties: 1. Failure to comply with restric- tions imposed under this Section 6-1-8 shall result in a surcharge for water service for each violation in an amount established by Section 2-4-2.J of the City Code, which will be added to the water bill for the property on which such violation occurs. 2. Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mail- ing. Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Schroeder SECOND BY: Darkenwaid ALL IN FAVOR: Heldner, Schro- eder, Darkenwald THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 22nd day of February, 2016. CITY OF OTSEGO BY. Vern Heidner, Acting Mayor ATTEST: Tam! Loff, City Clerk Published in the Star News February 27, 2016 513810