PUBLISH
(May 19, 2012)
ORDINANCE NO.
12-099, FOURTH
SERIES CITY OF
NEW ULM, BROWN
COUNTY, MINNESO-
TA
AN ORDINANCE
AMENDING SEC-
TION 2.50 OF THE
CITY CODE OF THE
CITY OF NEW ULM
RELATIVE TO WA-
TER SERVICE LINE
REPAIRS.
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
NEW ULM:
SECTION I. That Sub-
division 7a of Section
2.50 of the City Code
of the City of New
Ulm is hereby enacted
to read as follows:
Subd. 7a. Repair or
replacement of
private water service
lines. When repair or
replacement of a
private water service
line is required pur-
suant to Public Utilities
Commission regula-
tions, the owner of the
property served by the
water service line may
request and authorize
the Public Utilities to
arrange for all needed
repairs and replace-
ment at the property
owner's expense. As
provided hereafter in
this subdivision, all
costs of such repair or
replacement, including
administrative service
fees and interest, may
be collected by means
of a special assess-
ment against the bene-
fitted property.
A. The
request/authorization
for repair or replace-
ment of a private wa-
ter service line shall be
made on a form
prescribed by the Pub-
lic Utilities Commis-
sion and signed by all
owners of the proper-
ty. the form shall in-
clude the following pro-
visions:
1. authorization to
enter on private prem-
ises as necessary to
make the repairs or re-
placement;
2. waiver and release
by the owner of all
claims for damages to
property or injury or
death to persons
against the City or
Public Utilities arising
out of the making of
such repairs or re-
placement;
3. consent of the own-
er to special assess-
ment against the bene-
fitted property for all
unpaid charges for
such work, plus ad-
ministrative service
fees established by
the Public Utilities
Commission; and
4. waiver by the owner
of further notice and
appeal rights in con-
nection with such spe-
cial assessment ex-
cept with respect to
amounts in excess of
the maximum stated
on the
request/authorization
form.
B. When a
request/authorization
for repair or replace-
ment is accepted and
approved by the Public
Utilities, such work
shall be done under
the direction and con-
trol of the Public Util-
ites as soon as practi-
cable. The cost
thereof shall initially be
paid by an advance
from the Water
Department fund or
other appropriate fund
of the Public Utilities,
to be reimbursed from
the collection of pay-
ment from the owner
or imposition of special
assessment against
the benefitted proper-
ty.
C. Upon completion of
the work and determi-
nation of costs, the
Public Utilities shall bill
the owner for the cost
of the work plus ad-
ministrative service
fees. Unless paid in
full within 30 days of
the original bill date, in-
terest shall accrue on
the unpaid balance at
the Public Utilities' es-
tablished rate. The
owner may directly
pay part or all of the
amount billed, but any
amount that remains
unpaid as of the Sep-
tember 1 next follow-
ing the bill date shall
be included in the pro-
posed assessment roll
prepared by the Fi-
nance Director and
presented to the City
Council. The City
Council shall assess
and levy the amount of
such unpaid charges in
accordance with the
provisions of the City
Charter or Minnesota
Statutes Chapter 429,
with such assess-
ments payable in a
single installment or in
not more than three
equal annual install-
ments, with interest at
a rate approved by the
City Council.
SECTION II. That this
ordinance shall take
effect and shall be in
force 30 days from
and after its adoption,
approval, and publica-
tion.
Adopted by the City
Council of the City of
New Ulm this 15th day
of May, 2012.
Charles Schmitz
President of the City
Council
Attest
Reginald K. Vorwerk
Finance Director
Approved by the May-
or of the City of New
Ulm this 15th day of
May, 2012
Robert Beussman
Mayor
PUBLISH
(May 19, 2012)
ORDINANCE NO.
12-100, FOURTH
SERIES
CITY OF NEW ULM,
BROWN COUNTY,
MINNESOTA
AN ORDINANCE
FOR ANNEXATION
OF PROPERTY TO
THE CITY OF NEW
ULM PURSUANT TO
MINNESOTA STA-
TUTES SECTION
414.033.
BE IN ORDAINED BY
THE HE CITY COUN-
CIL OF THE CITY OF
NEW ULM:
RECITALS
WHEREAS, the City
of New Ulm has re-
ceive a Petition for An-
nexation of certain pro-
perties located in Sec-
tion 14, Township 110,
Range 31, all in Brown
County, MInnesota, le-
gally described below,
from the owners of
such land, requesting
that such properties be
annexed to the City of
New Ulm; and
WHEREAS, the sub-
ject property consists
of less than 120 acres,
abuts the city limits of
the City of New Ulm,
and is not presently
served by public sewer
facilities; and
WHEREAS, a public
hearing was held on
the petition for annexa-
tion before the City
Council of the City of
New Ulm on March 6,
2007, after proper no-
tice under Minnesota
Statues section
414.033, sub. 2b; and
WHEREAS, the City
Council of the City of
New Ulm has deemed
the described property
to the urban or subur-
ban in character or
about to become so;
and
WHEREAS, it is in the
best interests of the
City of New ULm and
its residents that the
described property be
annexed to and incor-
porated into the city
limits of he City of
New Ulm pursuant to
Minn. Statutes, Sec-
tion 414.033;
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
NEW ULM:
SECTION I. That the
following described
property is hereby de-
clared to be annexed
to and incorporated
into the City of New
Ulm with the same
force and effect as if
such property had ori-
ginally been part of the
City of New Ulm:
The SE1/4 of the SE
1/4, except the west
140 feet thereof, Sec-
tion 14, Township 110,
Range 31, Brown
County, MInnesota,
which property will be
platted as that part of
the Menard Subdivi-
sion lying westerly of
the east line of the
SE1/4 of SE1/4, Sec-
tion 14, Township 110,
Range 31, and norther-
ly of the south line of
Section 14, Township
110, Range 31.
SECTION II. That the
property described in
Section I shall be
designated and zoned
as B-3 (General Busi-
ness District) for pur-
poses of use of dis-
tricts pertinent to zon-
ing.
SECTION III. That
the City Engineer is
hereby directed to
make the changes to
the official map of the
City of New Ulm evi-
dencing the annexation
and zoning of the pro-
perty described herein
in and to the City of
New Ulm.
SECTION IV. That a
copy of this ordinance
shall be filed with the
Office of Administra-
tive Hearings, the
Brown County Auditor,
the Brown County
Recorder, the Milford
Township Board, and
the Secretary of State
of he State of Min-
nesota.
SECTION V. That this
ordinance shall take
effect and be in force
thirty days after pas-
sage, approval, and
publication of this ordi-
nance and upon appro-
val of said annexation
by the State of Min-
nesota and filing of
such approval as re-
quired by law.
Adopted by the City
Council of the City of
New Ulm this 15th day
of May, 2012
/s/ Charles Schmitz
President of the City
Council
Attest:
/s/Reginald K Vorwerk
Finance Director
Approved by the May-
or of the City of New
this 15th day of May,
2012.
/s/ Robert J. Beuss-
man
Mayor