Agenda Packets - 1986/09/15 - Laserfiche WebLink

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nr n•unr• .r rry nn��., ,.rnrr.,..,rr •� nr•r rrnnn ,an. nr•' • , nur m•n nr M I I rmrr. 11111 11 June 2/ 1986 �r A ,�:,... r•r.rr•r•r,rr..r• : r' ` Mr. Steven 7'hatclier ' 3ir�i l� City of Founds view 2401 Iligimray 10 nI 3'��•3S [�F.(;r it s Mounds View, FAI 5_112 ,' Dear. Steve: I have done a fair amount of research to respond to your question regarding the Statutory Authority to alter or repair judicial ditch nutnher I or any other ditches within the City of Mounds View. I believe I have an answer to your question regarding the Statutory Authority and I have also prepared a form letter which I would suggest only as a guideline for you in preparing your letter to the Watershed District. In my opinion the Rice Creel: Watershed District (which was formed in 1972) is responsible for the repair and upkeep of judicial ditch number 1. It is a,so ny opinion that the Watershed District is responsible for any liability resulting from injuries paused by the lack of repair on that ditch. llawever, there is no direct language within Minnesota Statutes which impose such liability on the Watershed District and I believe this responsibility is by implication drawn from the duties of the Watershed District to maintain and alter ditches. Minnesota Statute Section 112.42 provides that our Watershed District w+.11 be com;x)sed of managers who will be elected to run the Watershed District plan. Pursuant to Minnesota Statute Section 11.2.43, these managers have certain pavers and duties. I have enclosed a copy of tds Statute for your information. Pursuant to Subd. 3 of that Statute, they have the duty EM prher to clean, construct, repair, or alter ditches within their jurisdiction. I believe pursuant to this Statute then the Watershed District is responsible for the upkeep of judicial ditch number 1. The proper procedure would be to bring the problem with the ditch to the attention of the managers and request that they make imprwamnts. They in turn will request the County Board for the necessary funds to make the improvements pursuant to Minnesota Statute Section 473.03. If the improvements are accepted, the cost of these improvemients will be apportioned throughout the the County. The attached letter as I indicated is only a guideline. Certainly there is no special legal form that this letter has to take to be effective. All that I would require fran a legal standpoint is that the letter �J specifically state the problems that exist, the location of the problems Attachment 45