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ANOKA COUNTY ATTORNEY <br /> <br /> ROBERT M.A. JOHNSON <br /> <br />Government Center ~ 2100 rl'hird Avenue ~ Anoka, MN 55303-2265 <br /> <br />Adtninistration <br />Civil Division <br />Family Law & Mental <br /> <br /> Health Division <br />(612) 323-5550 <br />(612) 422-7589 Fax <br /> <br />Criminal Division <br />Investigation Division <br />Juvenitc Division <br />Victim-Wimcss Services <br />(612) 323-5586 <br />(612) 422-7524 Fax <br /> <br />September 15, 1994 <br /> <br />Steven J. Jankowski, P.E. <br />City Engineer <br />City of Ramsey <br />15153 Nowthen Boulevard N.W. <br />Ramsey, MN 55303 <br /> <br />Re: County Ditch//3 <br /> <br />Dear Mr. Jankowski: <br /> <br /> I am writing in response to your letter addressed to Jon Olson requesting information on <br />procedures to undertake an improvement project for the cleaning of County Ditch//3. <br /> <br /> This drainage system, County Ditch #3, was constructed in 1889. Benefits were determined <br />at that time to be $1781 for the 720 acres determined to be in the benefitted area. No formal repair <br />work on County Ditch #3 has ever been done. Costs for a repair are assessed only against those <br />properties originally determined to be benefited by the drainage system. <br /> <br /> A ditch repair can be initiated by filing a repair petition which states that the drainage system <br />needs repair. A repair petition can be filed by an individual or entity interested in or affected by the <br />drainage system. In Anoka County, a repair petition would be filed with the Anoka County Property <br />Records and Taxation Division Manager. Minn. Stat. §103E.202, Subd. 5, requires a petitioners' <br />bond in an amount of at least $10,000 payable to the county be filed. <br /> <br /> The petition is presented to the county board for consideration. If the county board <br />determines the drainage system needs repair, an engineer is appointed to examine the ditch and make <br />a repair report. Prior to appointment of the engineer, the county board may give notice and order a <br />hearing on the petition. I would anticipate that a hearing on a repair petition for County Ditch #3 <br />would be held prior to expenditure of funds for an engineer. <br /> <br /> In a repair proceeding, if the county board determines the drainage system needs repair, an <br />engineer is appointed by the county board to examine the ditch and make a repair report specifying <br />the necessary repairs, the estimated cost, and specifications for the repair. A hearing is then held on <br />the repair report. Minn. Stat. §103E.715, Subd. 4, provides that an order for the repair is to be <br />made if: <br /> <br />1. the county board determines from the repair report and the evidence presented that the repairs <br /> recommended are necessary for the best interests of the affected property owners; or <br />2. the repair petition is signed by the owners of at least 26% of the property area affected by and <br /> assessed for the original construction of the drainage system, and the county board determines <br /> Affirmative Action / Equal Opportunity Employer <br /> <br /> <br />