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City <br />ver <br />Resolution 23- <br />A Final Resolution Accepting the Petition, Waiver, and Agreement for <br />Payment of the Cost to Design, Bid, and Construct the <br />Decommissioning of the Rolling Hills Subdivision Subsurface Sewage <br />Treatment and Connection to the City Sanitary Sewer System <br />WHEREAS, in Januaryr 2023, all owners ("PYopeYtyr OwneYs") of the 28 pYopeYties located within <br />the Rolling Hills subdivision ("Properties"), filed a Petition, Waiver and Agreement for PayTment of <br />the Cost to Design and Bid the Decommissioning of the Existing Rolling Hills Subdivision <br />Subsurface Sewage TYeatment System ("SSTS") and Connecting the Rolling Hills Subdivision to the <br />CityT of Elk River SanitaryT Sewer Sy stem, and for Assessment of Amounts Paid as a Special Charge <br />Under iVlinnesota Statutes, Chapter 429 ("First Petition"); and <br />WHEREAS, byT Resolution 23-04, the CinT of Elk River ("CityT") accepted the First Petition and <br />ordered the design and bidding of the Decommissioning of the E�sting Rolling Hills "SSTS" and <br />Connecting the Rolling Hills Subdivision to the Cinr of Elk River Sanitary Se�ver System, which <br />included a not-to-exceed amount special assessment amount for the design and bidding of the <br />proposed decommissioning and connection project; and <br />WHEREAS, the design and bidding work contemplated by the First Petition and approved byT <br />Resolution 23-04 is complete, and the decommissioning and connection project is readyT to proceed; <br />and <br />WHEREAS, the PropertyT Owners, filed a Petition, Waiver and Agreement for PayTment of the <br />Cost to Decommission the E�sting Rolling Hills SSTS and Connect the Rolling Hills Subdivision to <br />the Cit�r of Elk RiveY Sanitary SeweY System pursuant to the plans and specificarions, and foY <br />Assessment of Amounts Paid as a Special Charge Under Minnesota Statutes, Chapter 429 ("Second <br />Petition"); and <br />WHEREAS, the CityT ackno`vledges that the SSTS has failed, that the failure of the SSTS has <br />created a public health and safet�J hazard; that in lieu of replacing the SSTS the Owners have <br />collectivelyT agreed to connect the Subdivision to the CityT of Elk River SanitaryT Sewer SyTstem; that <br />the proposal is reasonable and necessar�T to connect the Subdivision to the SanitaryT Se�ver S�Tstem <br />and to elimii�ate the public health and safetyr hazaYd from the PYopeYties. <br />226789v2 <br />