1977-01-25 - Laserfiche WebLink

Home Browse Search

-2- Thomas Lewcock September 20, 1976 Subdivision (8), as cited above, seems to specifically address the question of draining and eliminating marshes and ponds and, therefore, seems to be redundant but nevertheless confirming the power of the City to take action or whatever kind the Council should deem proper in the treatment and handling of ponds on public or private property. If this is what the City decides to do, then, of course, a feasibility study would have to be ordered and a method of financing the improvement arrived at under 429. This would normally include assessing the benefited properties for the cost of the improvement. It further appears that under MSA 112.43 pertaining the Watershed District manager's pavers and duties that under Subdivision (1) Subsection (3) which provides as follows, to -wit: "Managers may construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any public ditch, drain, sewer, river, water- course, natural or artificial, within the district." It is my opinion that pursuant to the authority granted in this statute, the Water- shed District certainly has the power and authority to improve the pond in the Forestdale Addition. This connection,I discussed the possibility of the Watershed District undertaking this project with Mr. Frank Murray who advised me that anyone seeking the action of the District should contact Mr. Robert R. Hamilton whose office No. is 296-7339 as the Secretary of the District and his home No. is 429-1732,and he could have this matter put on the agenda on Wednesday night, the 22nd day of September, or at some subsequent meeting for the consideration of the District as to what action it would take in connection with improving the Forestdale Pond. I also checked NASA 444.16 through 444.21 which provides for the establishment of a storm sewer improvement tax district by means of an ordinance adopted by two-thirds vote of all of the Council members. This procedure provides for the issuing of bonds to secure money to pay for the cost of the local storm water improvement including ponding areas and the payment of such indebtedness by a tax levy within the district described. one significant part of the statute is that it then becomes a tax and is payable as a tax upon the taxable land lying within the district. This statute seems to exclude tax exempt properties from the Burdon of paying for any improvement within the district. I hope this adequately answers the questions you have put to me. Vy truly y � Donald L. Lais DLL/dw