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212404r O,RIGIWAL TO CITY CLERK 2 404 CITY OF ST. PAUL FIOENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSION RESOLVED, That the Council of the City of Saint Paul hereby takes cognizance of the pendency of certain proposed legislation now before the State Legislature relating to Ramsey County and providing for joint governmental cooperation relating to storm water drainage matters, embodied in House File No. 1578; and RESOLVED, That the Council of the City of Saint Paul hereby expresses its support of such legislation when amended according to the attached draft, and urges the legislature to enact such legislation, as so amended, into law; and RESOLVED, Tla t the Council of the City of Saint Paul hereby requests the Ramsey County House and Senate Delegations to work toward the passage of such legislation; and RESOLVED, That the City Clerk is hereby directed to forward copies of this Resolution to the Chairmen of the Ramsey County House and Senate Delegations. Council File No. 212404 —By George J. Vavoulis, Mayor, by request— Resolved, That the Council of the City of Saint Paul hereby takes cog- nizance of the pendency of certain proposed. legislation now before the State Legislature relating to Ramsey County and providing for joint gov- ernmental cooperation relating to storm water drainage matters, em- bodied in House File No. 1578; and Resolved, That the Council of the City of Saint Paul hereby expresses its support of such egislation when amended according to the attached draft, and urges the legislature to en- act such legislation, as so amended, into law; and Resolved, That the Council of the City of Saint Paul hereby requests the 1, Ramsey County House and Senate Delegations to work toward the pass -j age of such legislation; and I Resolved, That the ,City Clerk is hereby directed to forward copies of this Resolution to the Chairmen of the Ramsey County House and Senate Delegations. 1 Adopted by the Council April 25, 1963. Approved April 25, 1963. (April 27, 1963) COUNCILMEN Yeas Nays Dalglish Holland Loss In Favor Mortinson Peterson 0 Against Rosen Mr. President, Vavoulis 1oM 6-62 APR 25 1963 the Council 19— APR 25 1963 9— Mayor .UOLICATE TO PRINTER , ' � 9 CITY OF ST. PAUL COUNCIL NO. _ OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED, That the Council of the City of Saint Paul hereby takes cognizance of the pendency of certain proposed legislation now before the State Legislature rebting to Ramsey County and providing for joint governmental cooperation relating to storm water drainage matters, embodied in-House File No. 1576 and RESOLVED, That the Council of the City of saint Paul hereby expresses its Support of such legislation when amended according to the attached draft, and urges the legislature to enact such legislation, as so amended, into law; and RESOLVED, That the Council of the City of Saint Paul hereby requests the Ramsey County Souse and Senate Delegations to work toward the passage of such legislation; and RESOLVED, That the City Clerk is hereby directed to forward copies of this Resolution to the chairmen of the Ramsey County house and senate Delegations. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis ions &62 In Favor A gainst APR 25 1963 Adopted by the Council 19— APR 2 5 1° Approved 19 Mayor Senator Nicholm State Capitol E St. 1'aul,. 1. MI Dear Sirs • J April 25, 1963. Z inclose a copy of a Resolute C.,F./212404 adopted by the City of Saint Paul City Council tod sing a Bill relating ay to Ramsey County, providing for--joiikgovelmriontal cooperation regarding storm water draina e whic parentl, is designated House File Igo. 1578. This era to an er cie ..drgft of a Bill on the sub iect . Very truly yours, City Clerk e - 1 April 25, 1963. Hon. John Tracy Anderson,, -state Representative, Mate Capitol Building, - St. Paul:, 1, Mirir. Dear Sir= I enclose a copy of a Resolut o C. 212404 adopted by the City of Saint- Paul ••City Council tod ring a Bill relating -to Ramsey County, providing fo care ntal cooperation- regarding storm water diaina• tter hick a ar©ntly is designated House File No. 1578. This srs to an nde draft of a Bill on the subject. Very truly yours, City Clark - F•- G A BILL FOR AN ACT RELATING TO RAMSEY COUNTY: PROVIDING FOR JOINT GOVERNMENTAL COOPERATION RELATING TO STORM WATER DRAINAGE MATTERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Any city or village in the county of Ramsey, by motion of its governinc body, may present to the county board a petition for a project providing for the disposition and carrying of storm water and the drainage and outlettinc. and disposition thereof when such project affects land areas in two or more cities or villages in Ramsey county, or one municipality and the county. Section 2. The petition as presented to the county board for a project shall contain: a. A general narrative statement of'the nature of the proposal, outlining the areas to be served, the general proposed route of the drainage project, and the outlet proposed. b. A statement, together with such evidence as is available to the petitioner demonstrating that the project will affect land area contained in more than one city or village in Ramsey county. c. A statement by the governing body of the petitioning municipality to the effect that the municipality is willing to bear its fair share of the cost of the proposed project as finally determined in accordance with the terms of this act. d. Any engineering and fiscal data that may be available to the governing body relating to the proposal. e. Any further information or recommendations which pe; 1_tioner may wish to submit to the county board in ct.nnect *on with the proposal. y� � f f. A certified copy of the resolution of the petitioner or its governing body making such proposal. Sec. 3. Subdivision 1. Upon receipt of a proper petition, the county board shall examine the same. If it appears to be proper in form the board shall notice the matter for a public hearing to be held before the board not less than ten days nor more than 30 days from the date of the receipt of the petition. Notice of the hearing shall be published in the legal newspaper of the county and, if the board so directs, in any other newspaper in the county, Mailed notice shall be given to the clerk of each municipality having land area or construction affected by the. petition. Subd. 2. At the time and place noticed for the hearing the board shall hear all interested parties in support of and against the petition. At the conclusion of the hearing the board shall issue an order either adopting the petition or rejecting it. If a petition is rejected, no further proceedings shall be had thereon. If a petition is approved, proceedings thereon shall be held in accordance with the terms of this act. Sec. 4. In its order approving a petition the board shall select and appoint a competent engineer for the purpose of conducting preliminary investigation and preparing a feasibility report on the construction of the project as outlined in the petition. This preliminary investigation and feasibility report shall include suitable maps of the entire area drained or tributary to the project and identifying the extent and typical land characteristics of the sub -areas boundeC by each municipality and within the municipality which are used as a basis of computing run -off flows. The project petition anc order of the board shall be referred to the engineer with -2- directions to prepare the necessary report for the construction of the project. The engineer shall be given such reasonable length of time to prepare the report as may be determined by the board in its order. The engineer shall also lie required to submit an estimate of the total construction cost of the proposal and project. Sec. 5. Subdivision 1. When the report is returned to the county board by the engineer, the board shall forthwith refer it to the county engineer for action by the apportionment board set up in the following subdivision. Subd. 2. The report of the engineer shall be reviewed and considered by an apportionment board to be composed of the Ramsey county engineer and the village or city engineer, or other engineer appointed by the governing body of each municipality containing land area affected by the project. One member of the board of county commissioners to be appointed by the chairman and one member of the governing body of each village or city having land area or construction involved in the project to be appointed by the mayor in each case shall also be a member of the apportionment board. Upon proper notification by the county engineer to the chairman of the county board and the mayor of each municipality affected, those officials shall forthwith appoint the necessary members of the apportionment board. The first meeting of the apportionment board shall be held at the call of the county engineer at such time and place as he may designate. It is the duty of the apportionment board to examine the report of the engineer on the project. The apportionment board is to apportion the estimated total cost of the proposed project among the municipalities affected, including Ramsey county. In making this apportionment the apportionment board shall divide the cost, as estimated by the engineer, among the municipalities involved and including Ramsey County, in proportion as the municipalities and the County are determined -3- 10 to benefit from the project as a whole; so that as near as may be possible each municipality shall bear a proportionate share of tho final cost of the project in accordance with the percentage of benefit received by the municipality or county. In determining benefits, the apportionment board shall include in its consideration the volume of storm water runoff that the drainage area of the municipality and county contributes to the project. In determining the runoff quantities, the present and anticipated land -use of the respective drainage areas contributing storm runoff shall be considered. In addition to storm water volumes, the apportionment board may also consider, but is not limited to, the use of present existing facilities, the effect of the project on present drainage, the outlet selected and the utilization of official servies and offices and materials available to each municipality. Subd. 3. The appnrtionment board shall, upon reaching agreement as to the distribution of the estimated cost, by percentage of the total, report its finding to the county board, together with its recommendation in the matter. Upon receipt of the report of the apportionment board, the county board shall forthwith forward, by registered mail, a copy thereof to the clerk of each affected municipality. Each municipality, except Ramsey county, shall have a period of 60 days from the date of the report of the apportionment board within which to hold public hearings on the petition and reports concerning the project. Hearings may be held at such time and place as may be determined by the local governing body. Failure to hold such hearings shall not affect the legality or validity of the proceedings. The county board shall order the report of the apportionment board published, together with a two weeks' published notice of public hearing, to be held before the county board at a date not less than 60 days, nor more than 90 days, from the date of the report of the apportionment board. At such public hearing, if the county board approves the recommendations and findings of the apportionment board, the county board me a_ to benefit from the project as a whole; so that as near as may be possible each municipality shall bear a proportionate share of tho final cost of the project in accordance with the percentage of benefit received by the municipality or county. In determining benefits, the apportionment board shall include in its consideration the volume of storm water runoff that the drainage area of the municipality and county contributes to the project. In determining the runoff quantities, the present and anticipated land -use of the respective drainage areas contributing storm runoff shall be considered. In addition to storm water volumes, the apportionment board may also consider, but is not limited to, the use of present existing facilities, the effect of the project on present drainage, the outlet selected and the utilization of official servies and offices and materials available to each municipality. Subd. 3. The appnrtionment board shall, upon reaching agreement as to the distribution of the estimated cost, by percentage of the total, report its finding to the county board, together with its recommendation in the matter. Upon receipt of the report of the apportionment board, the county board shall forthwith forward, by registered mail, a copy thereof to the clerk of each affected municipality. Each municipality, except Ramsey county, shall have a period of 60 days from the date of the report of the apportionment board within which to hold public hearings on the petition and reports concerning the project. Hearings may be held at such time and place as may be determined by the local governing body. Failure to hold such hearings shall not affect the legality or validity of the proceedings. The county board shall order the report of the apportionment board published, together with a two weeks' published notice of public hearing, to be held before the county board at a date not less than 60 days, nor more than 90 days, from the date of the report of the apportionment board. At such public hearing, if the county board approves the recommendations and findings of the apportionment board, the county board —4— 4 r. 4 shall, by resolution, adopt the petition, engineer's report and report of the apportionment board and order its order of approval published in the legal newspapers of the county. The county board may, by order, at this time re -refer the proceedings to the apportionment board, together with recommendations for a reconsideration. In such event, the apportionment board shall reconvene and reconsider the matter and make a further report on the petition to the county board. An order of approval by the county board shall also be served upon each affected municipality, by registered mail, to the mayor or clerk thereof. Subd. 4. Any aggrieved municipality, including Ramsey county, may, within 40 days from service thereof as provided, appeal the apportionment made to the district court for Ramsey county by filing a notice of appeal with the clerk of district court. The sole issue to be tried upon appeal is whether the action of the apportionment board is arbitrary or capricious or contrary to law. The district court shall hear the matter without a jury in accordance with the Rules of Civil Procedure for District Courts, and may reverse, modify or.affirm the action of the apportionment board. An appeal lies to the supreme court from the action of the district court in the matter. Sec. 6. Subdivision 1. Upon adoption of a report of the apportionment board the county board shall advertise for bids and proceed to the construction of the project in accordance with usual methods of advertising and construction projects by the county of Ramsey. i Subd. 2. The county of Ramsey is authorized to acquire necessary interests in land for right of way and construction of any project under this act. Interests may be acquired by gift, purchase, lease, or condemnation under Minnesota - 5 - r' Statutes 1961, Ch.pter 117. The county board is authorized and empowered to do and perform all acts necessary to the accomplishment of any project constructed pursuant to this act . Sec. 7. Subdivision 1. The cost -of construction of any project authorized pursuant to this act shall be borne initially by the county of Ramsey. the board of county commissioners is authorized to levy and collect a tax in the amount necessary for the construction of any project authorized pursuant to this act, and to incorporate it in any annual county budget as a separate construction 'item. A tax levied pursuant to this section is not subject to any tax limitation otherwise imposed upon the county of Ramsey. Subd. 2. The proportionate cost of any project to be borne by any municipality as determined by the apportionment board, upon completion of the project, shall be certified to the governing body of such municipality by the board of county commissioners of Ramsey county. Upon receipt of such certification by the governing body of any involved municipality, such governing body shall forthwith make provision for the payment of its share as certified to the treasurer of Ramsey county. The governing body of any participating municipality is authorized to levy a tax in the amount necessary to defray its proportionate expense as certified. Such tax, when levied, shall not be subject to any tax levy limitation imposed by any statute other than this act. The amount'of the obligation may be paid at the discretion of the governing body of the municipality over a period of ten years, in ten equal installments, at the discretion of the governing body. The municipality may use any means, including assessment against benefited property, available to it under the law in raising the - 6 - necessary funds. In the event that the county of Ramsey provides the initial construction cost of any project by issuing its bonds therefor, the certification of the cost to a municipality shall include interest sufficient to offset the cost to the county of the bond issue. In the event that the county raises the necessary funds by direct taxation, as authorized in this section, then no interest shall be included in the certification of cost to the municipalities. If a benefited municipality makes payment for the apportioned share of the cost of the project within 90 days of the date of award of contracts, then no interest rate shall be charged to the benefited municipality. Final settlement shall be made as a credit or balance due upon completion of the project. Sec. 8. Subdivision 1. For the purposes of providing funds for the construction of any project authorized pursuant to this act, the county board is hereby authorized and empowered to provide by resolution for issuance, at one time or in series from time to time, bonds of the county for the purpose of providing funds for the paying of the costs thereof. Such bonds and any interest coupons to be attached thereto shall be executed in such manner as may be determined by resolution of the county board. The bonds of each series issued by the county board under provisions of this section shall bear interest at a rate or rates not exceeding six percent per annum, payable semi - annually, and shall mature annually or semi - annually within 30 years, commencing not later than three years from the date of issuance, as may be determined by the county board. Subd. 2. The sale of such bonds issued by the county board shall be at public sale pursuant to Minnesota Statutes 1961, Chapter 475. Such bonds may be sold in the manner and 7 I for the price the county board determines to be for the best in- terests of the county. Such bonds may be made callable, and if so issued may be refunded. The county board shall have the power and authority to enter into all contract agreements and covenants with any trustee for the purpose of carrying out the powers and authority given to the county board under this section of the act for the issuance of bonds. Subd. 3. In the issuance of bonds herein provided, the county board shall have the power and authority to secure the payment of the principal and interest of such bonds by a pledge of the full faith and credit of the county of Ramsey. Such bonds may be issued and sold without a vote of the electorate, but in all other particu- lars shall be issued pursuant to Minnesota Statutes 1961, Chapter 475, if the same be not covered herein. Such bonds, when issued, shall be fully negotiable notwithstanding any other law to the contrary. Sec. 9. Notwithstanding any other provisions of this Act, the authority of the County Board to expend funds pursuant to this Act shall not exceed two million dollars between the date of passage and July 1, 1965, following which date the maximum total expenditure under this act shall not exceed $500,000 from July 1, 1965 through December 31, 1965 and shall not exceed one million dollars annually thereafter. Sec. 10. Any storm water drainage facility initiated or com- pleted under the provisions of this act shall be and become the prop- erty of the county of Ramsey, The maintenance thereof and the opera- tion and control thereof is vested in the board of county commission- ers. The cost of maintenance of any such project shall be borne by the municipalities affected in the same proportion as the initial cost thereof was allocated in the report of the apportionment board. Payment therefor shall be made by each municipality affected, annually, upon the certification of the cost therefor by the Ramsey county engineer to the affected municipalities. me Sec. 11. Within ninety days after passage of this Act, the Ramsey County Board shall cause to be initiated by a compe- tent engineer a comprehensive study to be made of storm water drainage within Ramsey County. Such stuay snail incluue definition of watershed boundaries, drainage areas tributary to existing ditches, streams, creeks, lakes, and other water courses in Ramsey County, preparation of an overall drainage plan and approximate cost estimates.- The results of such study shall be compiled into a complete report and submitted to the County Board on or before January 2, 1965. The cost of the foregoing study shall be borne by the County of Ramsey and may be financed in the same manner as all other costs incurred by Ramsey County pursuant to this Act. Sec. 12. Subdivision 1. This act is effective as to Ramsey county upon approval by a majority of the county board of Ramsey county and upon compliance with ,Minnesota Statutes, Section 645.021. Subd. 2. This act is effective as to a specific city or village in the County of Ramsey upon approval thereof by a majority of the governing body of the specific city or village and upon compliance with Minnesota Statutes, Section 645.021. Subd. 3. Notwithstanding the provisions of Minnesota Statutes, Section 645.021, Subdivision 1, relating to time limits for approval by local governmental units, to the contrary, this act may be approved by any of the local governmental units named in the act at any time following 01 J its enactment and an approving governmental unit may file a certificate of approval at any time following the enactment of this act. a