File #: 22-0957R    Name:
Type: Resolution Status: Passed
File created: 11/21/2022 In control: Personnel
On agenda: 12/5/2022 Final action: 12/5/2022
Title: RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7.

Title

RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7.

 

Body

CITY PROPOSAL:

WHEREAS, the City of Duluth, the Town of Duluth and the Town of Lakewood, all in St. Louis County, Minnesota, in 1999 submitted a petition to the Minnesota Pollution Control Agency (the “MPCA”) requesting creation of the Duluth/North Shore Sanitary District (the “Sanitary District”) pursuant to Minnesota Statutes, Sections 115.18 through 115.37, as amended and recodified under Minnesota Statutes, Sections 442A.01 through 442A.29 (the “Act”).  (The City of Duluth, the Town of Duluth and the Town of Lakewood are herein referred to collectively as the “Municipalities.”); and

WHEREAS, on January 25, 2000, the MPCA issued an order approving creation of the Sanitary District (the “Order”).  The Order was published in the State Register on January 31, 2000; and

WHEREAS, on March 1, 2000, the time for appeal of the Order having expired, a certified copy of the Order was duly filed with the Minnesota Secretary of State, and creation of the Sanitary District was thereupon deemed complete under the Act.; and

WHEREAS, the Act requires that the Municipalities elect a board of managers for the Sanitary District (the “Board of Managers”) as soon as practicable after creation of the Sanitary District; and

WHEREAS, pursuant to Section 442A.14, subdivision 7 of the Act, the Municipalities may elect a board member or members by resolutions adopted by all of them separately, concurring in the election of the same person or persons.

THEREFORE, BE IT RESOLVED, that it is in the best interests of the Municipalities and of the Sanitary District that the following persons, who are voters residing in the area of the Sanitary District, be nominated for election to the Board of Managers for the terms indicated:

a.                     Dean Korri, of the Town of Duluth, Minnesota, for a term commencing upon the passage of all concurring resolutions by the Municipalities, and shall expire on the first business day of January, 2026.

b.                     Angela Braud, of the Town of Duluth, Minnesota, for a term commencing upon the passage of all concurring resolutions by the Municipalities, and shall expire on the first business day of January, 2026.

BE IT FURTHER RESOLVED, that election of the above-named persons to the Board of Managers of the Sanitary District is approved and such persons are elected for the term indicated.

BE IT FURTHER RESOLVED, that upon receipt of concurring resolutions from the Town of Duluth and the Town of Lakewood, the clerk is directed to certify the results of this election to the secretary of the MPCA and to the auditor of St. Louis County and make and transmit to the Board member elected a certificate of the board member’s election.

 

Statement of Purpose

STATEMENT OF PURPOSE:  The purpose of this resolution is to elect members to the Board of Managers of the Duluth/North Shore Sanitary District and to authorize the clerk to perform certain procedural functions with respect to the election.  The City has been designated as the central related governing body in the order of the MPCA creating the Sanitary District, and as such has the procedural duties described in Section 4 of the resolution.