HF 702

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the county of Crow Wing; providing for a
sewer district and a sewer commission; authorizing the
delegation of authority with respect to individual
sewage treatment systems; providing for the levying of
service charges.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin SEWER DISTRICT; SEWER COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Sewer district. new text end

new text begin Notwithstanding the
provisions of Minnesota Statutes, chapter 116A, the county board
of the county of Crow Wing by resolution may create a sewer
district under Minnesota Statutes, chapter 116A, which
encompasses the entire area of the county, whether organized or
unorganized. The county board shall have the authority to
exercise the rights and perform the duties of a statutory city
under Minnesota Statutes, chapters 117, 412, 429, and 475, and
sections 115.46, 444.075, and 471.59, or other law with respect
to the sewer district. No action by or approval of the district
court shall be required as a condition of the exercise of the
powers described. The county board by resolution may designate
areas within the sewer district where special services,
including inspection services related to wastewater treatment
and individual sewage treatment, may be provided. Each special
service area or combination thereof shall constitute a system
under Minnesota Statutes, chapter 116A.
new text end

new text begin Subd. 2. new text end

new text begin Sewer commission; powers reserved to county
board; delegation. new text end

new text begin Upon creation of the sewer district
described in subdivision 1, the county board shall provide for
the appointment of a sewer commission, in accordance with the
requirements of Minnesota Statutes, chapter 116A. Neither the
approval nor the waiver of the county board, nor confirmation by
order of the district court, shall be required for the sewer
commission to exercise the powers set forth in Minnesota
Statutes, section 116A.24; provided that the county board shall
be reserved the power to:
new text end

new text begin (1) levy special assessments for sewer improvements in the
sewer district or portion thereof;
new text end

new text begin (2) establish a system of rates and charges for use of the
sewer system upon the recommendation of the commission; and
new text end

new text begin (3) issue general obligation bonds to defray in whole or in
part the costs of establishment, construction, improvement, or
extension of a sewer system.
new text end

new text begin The county board by resolution may delegate to the sewer
commission all or a portion of its administrative and
enforcement obligations with respect to individual sewage
treatment systems under Minnesota Statutes, chapter 115, or
other law.
new text end

new text begin Subd. 3. new text end

new text begin Charges. new text end

new text begin Upon adoption of the next annual
budget following the appointment of the sewer commission, the
county board may include in the budget appropriate provisions
for the operation of the commission and its activities described
in subdivision 2, including, as deemed appropriate by the county
board upon the recommendation of the commission, either a
property tax levied only on property within a system created
pursuant to subdivision 1, or a levy of a service charge against
the users of a service provided within the district or a portion
thereof, or any combination of a property tax and a service
charge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after
compliance with Minnesota Statutes, section 645.021, subdivision
2.
new text end