HF 1291

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; authorizing Sherburne 
  1.3             county to convey certain county ditches to the city of 
  1.4             Elk River under certain conditions. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [SHERBURNE COUNTY; CONVEYANCE OF CERTAIN COUNTY 
  1.7   DITCHES TO THE CITY OF ELK RIVER.] 
  1.8      The county of Sherburne may, by one or more resolutions of 
  1.9   its board of commissioners, convey to the city of Elk River all 
  1.10  of its rights, title, and interests in all or any portion of 
  1.11  county ditches numbered 1, 10, 12, 28, and 31. 
  1.12     Sec. 2.  [PROCEDURES AND CONDITIONS OF CONVEYANCE.] 
  1.13     The conveyance or conveyances will be effective as of the 
  1.14  date of such a county board resolution, provided that the city 
  1.15  of Elk River, by resolution of its city council: 
  1.16     (1) has agreed to accept the conveyance to it of a specific 
  1.17  ditch or portion thereof; 
  1.18     (2) has agreed to assume as of the effective date, all of 
  1.19  the rights, title, and interests of the county; and 
  1.20     (3) has agreed to assume responsibility, under its 
  1.21  municipal authority, for management of surface water within the 
  1.22  area served by the ditch or portion of a ditch so conveyed. 
  1.23     Sec. 3.  [EFFECT OF CONVEYANCE.] 
  1.24     Upon the effective date of a conveyance authorized under 
  1.25  this act, with respect to any ditch or portion of a ditch so 
  2.1   conveyed: 
  2.2      (1) the city of Elk River shall hold all of the county of 
  2.3   Sherburne's property rights, title, and interests in any ditch 
  2.4   or portion of a ditch so conveyed; 
  2.5      (2) Sherburne county shall have no further responsibility 
  2.6   for the ditch or portion of a ditch so conveyed; 
  2.7      (3) the ditch or portion of a ditch so conveyed shall no 
  2.8   longer be subject to the provisions of Minnesota Statutes, 
  2.9   chapter 103E, except that any existing drainage liens shall 
  2.10  remain in full force and effect until paid or satisfied; and 
  2.11     (4) the city of Elk River shall manage surface water within 
  2.12  the area served by the ditch or portion of a ditch so conveyed 
  2.13  pursuant to Minnesota Statutes, chapters 412 and 444, or other 
  2.14  applicable law governing management of surface water by cities. 
  2.15     The county and the city may enter into any agreement or 
  2.16  issue any document necessary to carry out the purposes of this 
  2.17  act. 
  2.18     Sec. 4.  [EFFECT ON REMAINING DITCHES.] 
  2.19     This act has no effect upon any ditch or portion of a ditch 
  2.20  that is not the subject of an agreement as described in section 
  2.21  2. 
  2.22     Sec. 5.  [EFFECTIVE DATE.] 
  2.23     This act is effective the day after the county board of 
  2.24  Sherburne county and the city council of Elk River comply with 
  2.25  Minnesota Statutes, section 645.021, subdivision 3.