2002.04.15 RESO 2002-0015 - Laserfiche WebLink

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CITY OF HUGO RESOLUTION NO. 2002-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, RELATING TO THE ADMINISTRATION OF JUDICIAL DITCH NO.2 THAT AFFECTS THE CITIZENS OF THE CITY OF HUGO A. The City of Hugo has terminated its involvement in the litigation captioned Zaluckyj, et al. v. Rice Creek Watershed District, et al., Washington County Court File No. C3-99- 2155. B. After the involvement of the City of Hugo in the litigation, a resident of the City sought certain records (attached as Exhibit A) from Rice Creek Watershed District, said documents relate to a request by the resident for a statement of the District's policy regarding the management, repair and/or maintenance of Judicial Ditch No. 2. C. These documents were not immediately produced to the resident in response to his request, nor does it appear that they were produced to the City of Hugo during the above - referenced litigation. D. After persistent requests and investigation by the resident, the documents were located in the files of the Rice Creek Watershed District. E. The documents assert, among other things, that: "The District does not manage, repair and maintain the subject ditch system, Judicial Ditch No. 2, under 103E and the special assessment process;" and that "This ditch system, Judicial Ditch No. 2, is not being managed, repaired and maintained through the special assessment process. Management, repairs and maintenance of Judicial Ditch No. 2 is being funded by ad valorem property taxes under Chapter 103B and Rice Creek Watershed District's special law;" and that "at this stage, to change management of Ditch No. 2 to the 103E special assessment process, the District would need to amend its management plan." F. The City finds the documents instructive and regards these assertions as inconsistent with the District's more recent characterizations of its policies governing the management, repair and maintenance of the ditch. NOW, THEREFORE, be it resolved by the City Council of the City of Hugo, Washington County, Minnesota as follows: 1) That the City of Hugo, as part of its storm water management plan, recognizes the conveyance capacity of Judicial Ditch No. 2 as originally constructed as being an integral part of the City's ongoing storm water management. 2) That the City of Hugo believes it is entitled to have all of the conditions upon which this system is based maintained so that the system will function substantially as established.