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(June 23, 2016)

CHISAGO COUNTY
STATE OF MINNESOTA
RESOLUTION NO. ______

WHEREAS, residents of Nessel Township residing on or near Alpine Road N have expressed an interest in having said road paved or otherwise improved and the costs of said paving and yearly road maintenance for 10 years assessed back to the benefiting property owners; and

WHEREAS, a Petition requesting the creation of a Subordinate Service District for the bituminous improvement of and yearly maintenance for 10 years for Alpine Road N in Nessel Township, Chisago County, Minnesota, was filed with the Nessel Township Clerk; and

WHEREAS, on May 10, 2016 the Town Clerk reported to the Nessel Town Board of Supervisors that the required 50% of signatures had been verified and in conformity to Minnesota Statutes Chapter 365A; and

WHEREAS, a Public Hearing was held on the 14th day of June 2016, at 7:00 p.m., at the Nessel Town Hall to consider the creation of a Subordinate Service District for the area herein described below; and

WHEREAS, all statutory legal requirements regarding giving notice have been satisfied; and

WHEREAS, the Nessel Township Board of Supervisors determined that the creation of a Subordinate Service District to be in the best interest of the landowners of said area.

BE IT THEREFORE RESOLVED, that the Nessel Township Board of Supervisors, Chisago County, Minnesota do hereby establish a Subordinate Service District pursuant to Minnesota Statutes Chapter 365A with the following stipulations and conditions:

A. The following Subordinate Service District is created and established for the area graphically depicted on the map attached hereto as Exhibit A and incorporated herein by reference.

B.  The purpose of this Subordinate Service District is for the bituminous improvement of Alpine Road N as well as the yearly maintenance repair for 10 years, replacement, renovation and long-term accountability of said paved road  for all of the benefited residents.

C.  The Subordinate Service District will be financed as follows: The capitalization and construction of the Alpine Road N road improvements as well as the yearly maintenance costs, for 10 years after completion of said road improvements, are be the sole responsibility of the benefiting residents within the Subordinate Service District.  Road maintenance responsibility after the 10-year period shall thereafter be the responsibility of the Township.  Nothing in this paragraph shall be interpreted as to limit the rights of the Township to use Minnesota Statutes Chapter 429 to finance future road improvements to said road.  A property tax levied only upon the benefited users in the proposed “Alpine Road N Road Improvement” Subordinate Service District or a levy of a service charge against the benefited users, or a combination of a property tax and a service charge on the benefited users shall finance the capitalization, construction, operations, maintenance, and management of such services described above.  

D.  The Nessel Township Board of Supervisors shall establish rules and regulations for the operations and maintenance for the Subordinate Service District as necessary.

E. This Resolution shall be recorded against the title to all property within the Subordinate Service District as graphically depicted on the map attached hereto as Exhibit A.

F. The Subordinate Service District shall become effective upon passage of sixty days (60 days) from the publication of this Resolution.

G. The Town Clerk shall cause this Resolution to be published and shall give mailed notice as required by law.

Date: June 14, 2016

NESSEL TOWNSHIP
___________________________
John Sutcliffe, Chairman

Attest:
____________________________
Stan Iskierka, Clerk
        
Nessel Township Supervisor ____________ introduced the following Resolution and moved its adoption.  The motion for the adoption of the foregoing Resolution was seconded by Nessel Township Board Supervisor _______________, and, upon vote being taken, the following voted in favor hereof:
        
Ayes:               Nays:         
Absent:            Abstained:  

WHEREUPON, said Resolution was declared duly adopted, and signed by the Chairman of Nessel Township, and attested by the Township Clerk of Nessel Township of Chisago County, Minnesota.

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