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G:y of <br />Elk — <br />River <br />Resolution. 23-26 <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 January of 2023, all owners ("Property Owners") of the 28 properties located within <br />the Rolling Hills subdivision ("Properties"), filed a Petition, Waiver and Agreement for Payment of <br />the Cost to Design and Bid the Decommissioning of the Existing Rolling Hills Subdivision <br />Subsurface Sewage Treatment System ("SSTS") and Connecting the Rolling Hills Subdivision to the <br />City of Elk River Sanitary Sewer System, and for Assessment of Amounts Paid as a Special Charge <br />Under Minnesota Statutes, Chapter 429 ("First Petition"); and <br />WHEREAS, by Resolution 23-04, the City of Elk River ("City") accepted the First Petition and <br />ordered the design and bidding of the Decommissioning of the Existing Rolling Hills "SSTS" and <br />Connecting the Rolling Hills Subdivision to the City of Elk River Sanitary Sewer 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 by <br />Resolution 23-04 is complete, and the decommissioning and connection project is ready to proceed; <br />and <br />WHEREAS, the Property Owners, filed a Petition, Waiver and Agreement for Payment of the Cost <br />to Decommission the Existing Rolling Hills SSTS and Connect the Rolling Hills Subdivision to the <br />City of Elk River Sanitary Sewer System pursuant to the plans and specifications, and for <br />Assessment of Amounts Paid as a Special Charge Under Minnesota Statutes, Chapter 429 ("Second <br />Petition"); and <br />WHEREAS, the City acknowledges that the SSTS has failed, that the failure of the SSTS has created <br />a public health and safety hazard; that in lieu of replacing the SSTS the Owners have collectively <br />agreed to connect the Subdivision to the City of Elk River Sanitary Sewer System; that the proposal <br />is reasonable and necessary to connect the Subdivision to the Sanitary Sewer System and to eliminate <br />the public health and safety hazard from the Properties. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, <br />Minnesota, as follows: <br />226789v2 <br />