2009 CLRSD Withdrawal 01-20-2009B
Resolution # 1-20-2009Brandon TownshipDouglas County, Minnesota
Whereas: the regional wastewater collection system for Brandon Township as proposed by the CLRSD was deemed not to be cost effective and there is no clear evidence of major sewer problems in Brandon Township requiring a costly central wastewater collection and treatment system at this time, and
Whereas: the residents of Brandon Township have expressed concern over the continuing cost of remaining part of the CLRSD and have also expressed their desire to address the township's wastewater collection and treatment needs independent of the CLRSD, and
Whereas: the BCWD organization have pledged their support to work with the Township in addressing the wastewater treatment needs of the area that will be identified in the forthcoming Wenck report to include encouraging Douglas County to immediately catch up on inspection and enforcement of individual non-compliant septic systems in the township as well as setting up a system of regular ongoing inspections of all septic systems, and
Whereas: Article 9 of Chapter 127 of Minnesota State Law states, "A municipality may withdraw from the district by resolution of its governing body. The municipality must notify the board of the district of the withdrawal by providing a copy of the resolution at least two years in advance of the proposed withdrawal. Unless the district and the withdrawing member agree otherwise by action of their governing bodies, the taxable property of the withdrawing member is subject to its required property tax levies under this article for two taxes payable years following the notification of the withdrawal and the withdrawing member retains any rights, obligations, and liabilities obtained or incurred during its participation."Therefore, be it resolved that:
1. Brandon Township hereby withdraws from the CLRSD effective immediately,
2. The clerk shall given written notice of the Township's withdrawal to the CLRSD Board, said notice to include a copy of this resolution,
3. The clerk shall include a request that the CLRSD waive the two-year advance notice requirement and release Brandon Township from any further levies after the 2009 tax year, except for any continued obligation related to the bonds issued by the CLRSD prior to 2009.
Adopted on January 20, 2009 by the following vote: Supervisor Buse, "No"; Supervisor Cleary, "Yes"; Supervisor Lauthen, "Yes".