Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 175-S.F.No. 1112 
                  An act relating to local government; authorizing 
                  Sherburne county to convey certain county ditches to 
                  the city of Elk River under certain conditions; 
                  granting certain powers to the town of Embarrass. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [SHERBURNE COUNTY; CONVEYANCE OF CERTAIN COUNTY 
        DITCHES TO THE CITY OF ELK RIVER.] 
           The county of Sherburne may, by one or more resolutions of 
        its board of commissioners, convey to the city of Elk River all 
        of its rights, title, and interests in all or any portion of 
        county ditches numbered 1, 10, 12, 28, and 31. 
           Sec. 2.  [PROCEDURES AND CONDITIONS OF CONVEYANCE.] 
           The conveyance or conveyances will be effective as of the 
        date of such a county board resolution, provided that the city 
        of Elk River, by resolution of its city council: 
           (1) has agreed to accept the conveyance to it of a specific 
        ditch or portion thereof; 
           (2) has agreed to assume as of the effective date, all of 
        the rights, title, and interests of the county; and 
           (3) has agreed to assume responsibility, under its 
        municipal authority, for management of surface water within the 
        area served by the ditch or portion of a ditch so conveyed. 
           Sec. 3.  [EFFECT OF CONVEYANCE.] 
           Upon the effective date of a conveyance authorized under 
        this act, with respect to any ditch or portion of a ditch so 
        conveyed: 
           (1) the city of Elk River shall hold all of the county of 
        Sherburne's property rights, title, and interests in any ditch 
        or portion of a ditch so conveyed; 
           (2) Sherburne county shall have no further responsibility 
        for the ditch or portion of a ditch so conveyed; 
           (3) the ditch or portion of a ditch so conveyed shall no 
        longer be subject to the provisions of Minnesota Statutes, 
        chapter 103E, except that any existing drainage liens shall 
        remain in full force and effect until paid or satisfied; and 
           (4) the city of Elk River shall manage surface water within 
        the area served by the ditch or portion of a ditch so conveyed 
        pursuant to Minnesota Statutes, chapters 412 and 444, or other 
        applicable law governing management of surface water by cities. 
           The county and the city may enter into any agreement or 
        issue any document necessary to carry out the purposes of this 
        act. 
           Sec. 4.  [EFFECT ON REMAINING DITCHES.] 
           This act has no effect upon any ditch or portion of a ditch 
        that is not the subject of an agreement as described in section 
        2. 
           Sec. 5.  [TOWN OF EMBARRASS; CERTAIN POWERS.] 
           After March 14, 1989, the town of Embarrass, for all 
        purposes, is deemed to be a town possessing the power enumerated 
        in Minnesota Statutes, section 368.01, which status continues 
        until altered or terminated pursuant to law. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective the day after the county 
        board of Sherburne county and the city council of Elk River 
        comply with Minnesota Statutes, section 645.021, subdivision 3.  
        Section 5 is effective the day after the town board of the town 
        of Embarrass complies with Minnesota Statutes, section 645.021, 
        subdivision 3. 
           Presented to the governor May 15, 1995 
           Signed by the governor May 17, 1995, 1:50 p.m.