96-097 RES CITY OF ELK RIVER
RESOLUTION 9 t; - c) 7
WHEREAS, in !995, the Minnesota Legislature under Minn. Laws 1995, ch. 175
enacted a special law under which the County of Sherbume may convey to the City of Elk River
all of its rights, title and interest in all or any portion of certain specified county ditches; and
WHEREAS, Minn. Laws 1995, ch. 176, § 6 provides that the conveyance authority is
effective the day after the County Board of Sherbume County and the City Council of Elk River
comply with Minn. Stat. § 645.021, subd. 3; and
WHEREAS, under Minn. Stat. § 645.021, subd. 2, a special law shall not be effective
without the approval of the local government units affected and such approval shall be by
resolution adopted by majority vote of all members of the governing body; and
WHEREAS, under Minn. Stat. § 645.021, subd. 3, if the City of Elk River and the
County of Sherbume fall to file a Certificate of Approval of the special law before the first day
of the next regular session of the Legislature, which is January 7, 1997, the law is deemed to
be disapproved by such units of government; and
WHEREAS, the City of Elk River desires to approve of the special law and ensure that
it becomes effective;
NOW, THEREFORE, BE 1T RESOLVED THAT:
1. The City Council of the City of Elk River does hereby approve of the special law
in Minn. Laws 1995, ch. 175 §§ 1-4.
2. This approval, of the special law does not constitute acceptance by the City of the
conveyance of a specific ditch or portion thereof.
KDJ 262433
3. The City Clerk file with the Secretary of State a certificate stating the essential
facts necessary to valid approval, including a copy of this Resolution of Approval, on the form
prescribed by the Attorney General and furnished by the Secretary of State.
4. The City Clerk notify the County of Sherbume of the City's approval of the
special law and request the County to also grant its approval of the special law in order that it
may become effective prior to the first day of the next regular session of the Minnesota
Legislature.
IN WITNESS WHEREOF, this Resolution was approved by a majority vote of the Elk
River City Council on~0~, ~/ , 1996.
H~nry/A. Duitsman, Mayor
By: " ~ '
Patrick D. Klaers, City Administrator
'~sandra Thack~rayTCity Clerk
262433
CERTIFICATE OF APPROVAL OF SPECIAL LAW
BY GOVERNING BODY
(Pursuant to Minnesota Statutes, 645.02 and 645.021)
STATE OF MINNESOTA
County of SherSurne
TO THE SECRETARY OF STATE OF MINNESOTA:
PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the
C~ty of Elk River
DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 19 9,5, Chapter 17_5
requiring approval by a majority' vote of the governing body of said local governmental unit before it
becomes effective, the City Council of Elk River
(designate governing body)
at a meeting duly held on the 4 th day of 2~_v..amS_¢~:__ 19 9 6 , by resolution
96-97 did approve said Laws, 19 95 .... Chapter 175
(if other than resolution, specify)
by a 5-0 majority Vote* of all of the members thereof (Ayes 5 ; Noes 0 ;
Absent or not voting .. .
taken:
and the following additional steps, if any, required by statute or charter were
A copy of the 'resolution is hereto annexed and made a part of this cpf'tificate by reference.
Signed
SEAL
C~ tv C1
(Official designation of officer)
(This form prescribed by the Attorney General and furnished by the Secre. tary of State as
required in Minnesota Statutes 645.021)
, 'draordinary majority ;s required by the special law, insert fraction or percentage here.
Please see reverside side for instructions for completing this form.
certauth.law Rev. 6/93