HomeMy WebLinkAbout2003.03.17 RESO 2003-0016RESOLUTION 2003 -16
A RESOLUTION SUPPORTING HOUSE FILE NO. 712 AND SENATE FILE NO.
738 WHICH WOULD ENSURE THE MAINTENANCE AND REPAIR OF
JUDICIAL DITCH #2 BY LEGAL MEANS TO THE OFFICIAL PROFILE NO
LATER THAN JULY 11, 2004
WHEREAS, courts have observed that "land subject to drainage liens is entitled
to have all of the conditions upon which a system is based, as well as the ditch or tiles
themselves maintained so that the system will function substantially as established"
(Fisher v Town ofAlbin, 104 N.W.2d 32, 35 (1960)); and
WHEREAS, the City of Hugo relies on natural and manmade drainage.systems
and the maintenance of those systems, to provide adequate and necessary storm water
drainage for much of the City; and
WHEREAS, Washington County Judicial Ditch #2 provides extensive storm
water drainage for the City of Hugo, draining approximately one-half of the City or about
11,000 acres as indicated by the City of Hugo's Comprehensive Stormwater Management
Plan; and
WHEREAS, the City of Hugo has been compelled to reduce market value on
otherwise taxable property where traditional uses are no longer feasible due to flooding
caused by the lack of maintenance of the aforementioned drainage systems and has seen
the loss of valuable stands of trees, the inundation of formerly productive lands because
of flooding and the loss of water quality due to phosphorous loading; and
WHEREAS, Washington County, the City of Hugo, the City of Forest Lake and
the RCWD have incurred considerable expense to establish an official profile and correct
road crossings at four separate locations along the ditch; and
WHEREAS, the U.S. Army Corps of Engineers and the RCWD have approved
wetland exemptions for the repair of Judicial Ditch #2 and the RCWD has petitioned for
the repair of Judicial Ditch #2.
WHEREAS, the undersigned are desirous of preserving the protections
established by the Wetlands Conservation Act and its implementation and believe that the
restoration of Judicial Ditch #2 to its original profile is consistent with this policy
NOW THEREFORE, the undersigned do hereby resolve that:
That in the interest of ensuring the practical and timely maintenance of Judicial
Ditch #2, and the protection and preservation of valuable, productive and scenic
lands, the undersigned do support House File No. 712 and Senate File No. 738, as
introduced: 83'd Legislative Session (2003-2004), copies of which are attached
Resolution 2003-16
Page 2
hereto and encourage all elected officials to vigorously pursue their enactment
into law at the earliest possible time.
Whereupon said resolution was declared passed and adonted this 17* day of March 2003.
ran Mbdn, Mayor
ATTEST:
2�4 -t,
Mary eager, City Clerk