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Res 1963-180 164 ri RESOLUTION No.„122,12a__ A RESOLUTION PROVIDING FOR DETACHMENT OF THE LANDS AND AREA WITHIN THE CITY OF FRIT:LEY FROM THE NORTH SUBURBAN SANITARY SEWER DISTRICT WHEREAS, the City of Fridley is now contracting with the City of Minn- eapolis, Minnesota, for sewage disposal service and finds this relationship to be sufficient and satisfactory at this time, and WHEREAS, the North Suburban Sanitary Sewer istrict was organized pur- suant to Minnesota Extra Session Laws of 1961, Chapter 90, and has entered into an agrement with the City of Minneapolis, Minnesota, to acquire spec- ified sewer capacity which contemplates that after the issuance of bonds of the N.S.S.S.D. that it will have the exclusive right to outlets for sewage capacity within the area of the total District, and WHEREAS, Fridley taxpayers have invested in this disposal capacity by paying both an area assessment, plus ad valorem taxes on all taxable pro- perty, regardless of whether or not a connection serves the taxpayer and/or his land at the present time, . and WHEREAS, the Fridley City Council finds that no finance plan considered by the Board of Trustees of the N.S.S.S.D. provides equitable compensation to Fridley taxpayers for their investment in and rights to this present sewage disposal capacity, and WHEREAS, the Fridley City Council believes that the use of ad valorem taxes by the N.S.S.S.D. further compounds the inequity to the Fridley tax- payer, and 7;71EREAS, an advisory vote was conducted in the City of Fridley on November 5, 1963, in which 1,603 citizens opposed participation in the N.S.S.S.D., 693 favored participation, and 521 did not vote on the question, and, IZiEREAS, SECTION 9 of Minnesota Extra Session Laws of 1961, Chapter 90, provides a procedure for detaching a unit of gOvernment from said District, and 7TEREAS, on November 11, 1963, at 9:00 o 'clock P.M., the Fridley City Council upon due notice did meet specially to consider the question of withdrawl from the North Suburban Sanitary Sewer District. PE IT RESOLVED: 1. That all of the lands or area of the City of Fridley be detached and withdrawn from the North Suburban Sanitary Sewer District. 2. Further resolved that a public hearing be held on December 3, 1963, at 8:00 o'clock P.M. , at Hayes School, 615 N.E. Mississippi Street, Fridley, Minnesota, or at such other time and place as may be designated by the Board of the North Suburban Sanitary Sewer District to caasider the with- drawal and detachment of the lands and area within the City of Fridley from the North Suburban Sanitary Sewer District. 3. Be it further resolved that the City Manager of the City of Fridley, Minnesota, be directed and authorized to have served a copy of this Reso- lution, a copy of the Petition for Detachment, and a Notice of the Public hearing upon the appropriate officers of each of the units of government involved in the said N.S.S.S.D., upon the Secretary of the Board of the N.S.S.S.D., and upon the Board of County CommissiOners of Anoka County, and that in addition Notice be published in legal newspapers for each of said units. 4• further resolved that the Mayor and Manager be authorized and dir- ected to execute a Petition for Detachment embodying the provisions of this. Resolution and a copy of said Petition be attached hereto marked, Exhibit "A" and made a part hereof. The motion for the adoption of the foregoing Resolution was made by Councilman Sheridan. Councilman Johanson seconded said motion for adoption. Upon vote the following members voted aye: Nee, Sheridan, Brook, 3ohanson The following members voted Nay: Wolke AT)OPTED THIS 11TH DAY OF NOVEMBER, 1963. 7/tAA,_ CITY :MANAGER CA- e 60' '1, I* A 4,1' 414 01 . • • • Aan 165' Tr]SOLUTION O. 180 VITTBIT °A" PETITION The City Council of the City of Fridley 1 Minnesota, hereby petitions the Board of the North Suburban Sanitary Sewer Astrict to detach from the District all of the lands lying within the corporate limits of the City of Fridley. The grounts for detachment are as follows: 1. The City of Fridley now has sufficient and satisfactory sewage dis- posal service with the City of Minneapolis. 2. The taxpayers in the City of Fridley have invested in this disposal capacity by paying both an area assessment, plus ad valorem taxes on all tax- able property regardless of whether or not a connection servis the taxpayer and/or his land at the present time. 3. The City Council of Fidley finds that no finance plan considered by the Board of Trustees of the North Suburban Sanitary Sewer District pro- vides equitable compensation to Fridley taxpayers for their investment in and rights to they present existing disposal capacity. 4. That the use of ad valorem taxes by the N,.S.S.S.D. further compounds the inequity to the Fridley taxpayer. 5. That the City of Fridley has an existing and operating sanitary sewer system and that further outlet capacity will not be available from the City of Minneapolis under present proposals from the N.S.S.S.D. Board. 6. The voters in the City of Fridley on November 5, 1963, expressed by an advisory bote that the City of Fridley should withdraw from the N.S.S.S.D., in that 1,603 citizens voted to withdraw, 693 voters favored continued part ' icipation and 521 did not vote on the question. 7. That N.S.S.S.D. at the present time can furnish no benefit to the taxpayers and property holders within the. City of Fridley. 8. That it is not to the best interests of the taxpayers, residents and property owners of the City of Fridley to incur a liability and res- ponsibility to the N.S.S.S.D. which presently does not have a vested sewer capacity connection, that presently does not have a sewage distribution system in operation, does not have a Court validaged organization and structure for operation, and does not presently have any different means of sewage disposal available to it than now exists to the City of Fridley. CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA / / BY A A AA./ Its Mayor - BY -..or_Ati e Its Manager ir ATTEST: // i/ ACTING CI ERK - Carmel Geihar DATED: This 11th day of November, 1963.