5.3. SR 11-04-1996'ity of
MEMORANDUM
ITEM 5.3.
TO:
vel'
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: NOVEMBER 4, 1996
SUBJECT: SPECIAL DITCH LEGISLATION
The City of Elk River and Sherburne County were successful in 1995 at
getting the Minnesota Legislature to pass a special ditch law (Minn. Laws
1995, ch. 175). This law allows the County to turn over the administration of
a county ditch or portion thereof to the City, if the City is willing to accept
this responsibility.
According to Minn. Statute 645.021, subparts 2 & 3, the County Board and
The City must pass resolutions accepting this special law (by a simple
majority vote) before it is effective. A resolution to this end is attached to
this memo for the Council's consideration. The County Board will be
considering a similar resolution at their November 5 meeting.
s:kditchres.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (6t2) 441-7420 · Fax: (612) 441-7425
CITY OF ELK RIVER
RESOLUTION
WHEREAS, in 1995, 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 Sherburne fail 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 IT 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.
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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 ,1996.
By:
By:
By:
Henry A. Duitsman, Mayor
Patrick D. Klaers, City Administrator
Sandra Thackeray, City Clerk
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