RESOLUTION NO. 21-10-25
RESOLUTION TO CREATE A
SUBORDINATE SERVICE DISTRICT
WHEREAS, a Petition was filed with Cascade Township (the “Town” or “Township”) on October 25, 2021, which requests provision of sanitary sewer services by the Town through a subordinate service district (“SSD”), pursuant to Minnesota Statutes, section 115.50; chapter 365A; chapter 429; and chapter 444, (collectively referred to herein as the “Act”) for the subordinate service district area (the “District”, as further defined below); and
WHEREAS, on October 25, 2021, the Board’s Clerk confirmed that at least fifty percent (50%) of the property owners within the District signed the Petition; and
WHEREAS, a public hearing was scheduled for October 25, 2021, at 7:00 p.m. at the Cascade Township town hall, located at 2025 75th Street NW, Rochester, MN 55906; and
WHEREAS, all legal notices and publication requirements have been met; and
WHEREAS, the Board of Supervisors of the Town held a public hearing on October 25, 2021. Comments from residents within the District were heard and considered by the Members; and
WHEREAS, the Board has met all statutory requirements and has determined that creating the proposed Subordinate Service District (the “Subordinate Service District” or “District”) to serve the District is in the best interests of the property owners of the District.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby creates the Cascade Township Sewer Project Partners Subordinate Service District, pursuant to the Act, subject to the following conditions and stipulations:
A. The Subordinate Service District shall serve the areas graphically depicted and illustrated by outline on the attached map at Exhibit X, and as legally described on the attached plat at Exhibit Y, which was recorded by the Olmsted County Recorder/Registrar of Titles.
B. The purpose of the Subordinate Service District is for the design, construction, maintenance, operation, management, repair, replacement, reconstruction, renovation, and long-term accountability for community septic sewer system and/or water treatment in the above-described area and for the benefit of the residents within the District.
C. The Subordinate Service District will be financed as follows:
Capital expenditures for infrastructure will be financed through bonds and/or loans, pursuant to sections 375B.09, 365A.08, and 365.095, which will be repaid through property taxes, fees, service charges, or any combination thereof against the benefitted property owners.
Operational, maintenance, and management costs will be financed through user fees, assessments, property tax charges, service charges, or any combination thereof against the benefitted property owners.
D. The Subordinate Service District will become effective upon resolution of the following matters to the Board’s satisfaction:
Conveyance of any permanent utility and access easements by the property owners within the district for the operations and management of a sanitary sewer system in the form prescribed by the Board’s attorney.
The Town shall apply for and receive all necessary approvals and/or permits from the Minnesota Pollution Control Agency (MPCA) to construct, operate, and maintain the sanitary sewer system clear of all MPCA penalties or interest related to the system, incurred prior to obtaining all necessary MPCA approvals and/or permits.
The Town will assume maintenance and operation responsibilities beginning to be determined at some point in 2022, provided the above conditions are satisfied in the sole discretion of the Board.
E. The Town will implement rules and regulations for the operation and maintenance of the District to apply to the Subordinate Service District.
F. The Subordinate Service District shall begin sixty (60) days after the last publication of notice and upon satisfaction of the conditions set forth herein, subject to final review and approval by the Town attorney.
G. The Town clerk shall cause this Resolution to be published and shall give mailed notice as required by law.
Adopted this 25 day of October, 2021
CASCADE TOWNSHIP BOARD
(Nov. 13, 2021) 2910766