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HomeMy WebLinkAboutOrd. 252- Municipal Street Lighting System CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 252 An Ordinance repealing Ordinance No. 86 adopted May 3,1988. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL STREET LIGHTING SYSTEM; THE OPERATION AND MAINTENANCE OF A STREET LIGHTING SYSTEM AND THE COLLECTION OF THE COSTS FOR SUCH SERVICE PROVIDED BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST THE PROPERTY BENEFITED AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Andover hereby ordains as follows: Section 1. General O{leration. The City of Andover does hereby make a provision for the establishment of a municipal street lighting system. The areas to be served shall be determined and approved by the City Council. Section 2. Rates. Fees and Chare:es. The City Council shall adopt a resolution which indicates a schedule of all rates, fees and charges for all street lighting service provided to residents. This resolution may be amended from time to time to indicate any necessary change in rates, fees and charges. Section 3. Damae:e to System. No unauthorized person shall remove, damage, alter or tamper any structure or part of a street lighting system. Section 4. Efficiency of Street Lie:htine: System. The City shall not be liable for any deficiency or failure in supply of light to residents, whether occasioned by shutting off the system for the purpose of making repairs or connections or from any other cause whatsoever. Section 5. Payment of Chare:es. Any prepayment or overpayment of charges may be retained by the City and applied on subsequent quarterly charges. 1 Section 6. Penalty for Late Payment. If a quarterly service charge is not paid when due, a penalty of ten (10%) percent shall be added thereto. Section 7. Action to Collect Chan~es. On or before September 1st of each year, the City Clerk shall list the total unpaid charges for street lighting services against each separate lot or parcel to which they are attributable under this Ordinance. After notice and hearing as provided in Minnesota Statutes 429.061, the City Council may spread the charges against the benefited property as a special assessment under Minnesota Statutes 429.101 and other pertinent statutes for certification of the County Auditor and collection along with the current taxes the following year. Section 8. Enlrlneerine: Department. The Engineering Department shall assume and discharge the responsibilities imposed by this Ordinance, along with such other duties as may be required or assigned to the Department. Section 9. Validity. If any section, subsection, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this Ordinance shall not be affected. Section 10. Penaltv. Any person, firm or corporation who shall violate any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this 16th day ofFebruarv, 1999. ATTEST: CITY OF ANDOVER d~:v tI~ Victoria V olk, City Clerk -' ~. )r;~~ . E. McKelvey, Mayor 2