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Home My WebLink AboutBoard of Commissioners - Minutes - 09/04/1979MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS OTTER TAIL COUNTY MINNESOTA Pursuant to adjournment, the Board of County Commissbners of Otter Tail County Minnesota met at 9:30 a.m., Tuesday, September 4, 1979, with all members present. Upon motion made by Bert Hovland, seconded by John Snowberg and carried, the treasurer's bond for George Nelson, in the amount of $50,000.00 was approved. Motion was made by Hub Nordgren, seconded by Andy Leitch and carried, to approve payment in the amount of $1,795.00 to Knutson Heating & Air Conditioning, Fe_rgus Falls, Minnesota, for· ventilation of the jail. Motion was made by Bert Hovland, seconded by Hub Nor_dgren and carried, to approve the reduction:ofassessed vaJ.uaton on ~he_Russ~ll Swanick property in Dunn Township, on a buildi_ng that had been moved· prior to the assessment date of January 2, 1978. ·Motion was made by Bert Hovland, seconded by Andy Leitch and carried, to approve payment of an CffITTlitted property tax by John Nichol in Pelican Rapids, without penalty. Motion was made by Bert Hovlanp, seconded by Andy Leitch and carried, to approve abatement of a 1975 tax on a mobile home in Scambler Township, assessed to LeRoy Belland in error, and collect t_he tax, w;aii;:v.e 8% penalty as omitted property to Richard & Ada Omang, current owner, if paid within thirty days The Board, having previously advertised for bids to be received for bridge replac,ement under S.A.P. 56-599-08, · proceeded to open bids which were found ·to be as follows: Ackling Construction Co., Perham, MN $72,834.00 After consideration~ motion was made by Sydney Nelson, seconded by Andy Leitch and carried, to accept the bid of Ackling Construction Co., Perham, Minnesota, in the amount of $72,834.00, it being the only bid. The Board, havi_ng previously advertised for bids to be received for bri_dge replq.cement under S. A. P. 56-599-16, proceeded to open bids which were found to be as follows: Sterling Excavating, Fergus Falls, MN Ackling Const. Co., Perham, MN Radniecki & Jensen Const. Co., Inc., Oklee, MN $44,351.88 59,921.00 98,695.25 After consideration, motion was made by Andy Leitch, seconded by Hub Nor_dgren and carried, to accept the bid of Sterling Excavating, Fergus Falls, MN in the amount of $44,351.88, it b~.ing-the lowest bid. -, '-' ' \ Upon motion made by Bert Hovland, seconded by Andy Leitch and carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS on May 23, 1978, the County Board accepted the bid of Sellin Bros., Inc., Hawley, Minnesota in the amount of $532,321.51 for grading and aggregate surfacing and Bridge No. 91553 on CSAH:, under S.A.P. 56-643-01 and S.A.P. 56-643-02, and WHEREAS the above contract has now been completed to the satis- faction of the County Board at a total cost of $549,325.02, an increase of $17,003.51 due to the need of additional culverts and excavation. Liquidated damages in the amount of $10,000.00 were charged against this project. NOW, TI-IEREFORE, BE IT RESOLVED, the County Auditor is hereby authorized and directed to issue a warrant in the amount of $48,198.04 payable to Sellin Bros., Inc., Hawley, Minnesota as final payment for this work. Dated at Ferg~s Fall;, Minnesota this 4th day of·September, 1979. Upon motion made by Bert Hovland, seconded by Hub Nordgren and carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter·Tail County Minnesota, that WHEREAS on November 21, 1978, the County Board accepted the bid of Ehrp Construction, Chokio~ Minnesota in the amount of $54,978.00 for R.C. P-A Culvert, Bridge No. 9!799, under S.A.P. 56-599-09, and WHEREAS the' above contract has now been completed to the satis- faction of the County Board at total cost of $55,018.00, an increase of $40.00 due to additional backfill used,-·· NOW, THEREFORE, BE IT RESOLVED, the County Auditor is hereby authorized and directed to issue a warrant in-the'amount of $6,707.80 payable to Ehrp Construction. Chokio, Minnesota as final payment for this work. Dated at Fergus Falls, Minnesota this 4th day of September, 1979. Upon mo~ion·-made by Bert ~oviand, seconded by John Snowberg and carried, the followi_ng resolution was adopted: . RESOLVED oy the Board of County Conunissioners of Otter Tail County Minnesota, that WHEREAS, in accordance. with a Procedural Agr_eement between the Minnesota Department of Natural Resources and.the U.S. Fish and Wildlife Service, dated May 23, 1962, certification by the County Board of Commissioners for acqui- sition of lands by the U.S. Fish and Wildlife Service is requested, and WHEREAS, representatives of the U.S. Fish and Wildlife Service met with the Otter Tail County Board on September 4, 19.79 and informed said Board that a waterfowl easement had been secured from Mr. and Mrs. Clarence Sundblad on the NW¾NE¾, ex. the east 2 rods, Section 30 -135 -.43, NOW, THEREFORE, BE IT RESOLVED, the·County Board does hereby approve the aforementioned easement acquisition by the U. S. fish and Wildlife Service. Dated at Fergus Falls, Minnesota this 4th.day of September, 1979 . ATTEST: ~> .it ~ff'XM rl2. Clerk . . ·,, Upon motion made by Bert Ho~i.and, seconded by John Snowberg and carried, the following resolution was adopted: RESOLVED by the Board of.County Commissioners of Otter Tail County Minnesota, that WHEREAS, in accordance with a Procedural Agreement between the Minnesota Department of Natural Resources and the U. s. Fish and Wildlife Ser- vice, dated May 23, 1962, certification by the County Boa~d of Commissioners for acquisition of lands by the u. s. Fish and Wildlife Service is requested, and WHEREAS, representatives of the u. s. Fish and Wildlife Service met with the Board of Commissioners on September 4th and infonned said Commis- sfoners that at waterfowl easement had been secured from Mr. Olaf Olson on the NW1-.iSW!:i, SE¼NW¼, NE¼S\'J¼ of Section 20 and E½NE¼ of Section 30, all in Township 13S, Range 44, NOW, THEREFORE BE IT RESOLVED, the County Board does hereby approve the waterfowl easement acquisition by the U.S. Fish and Wildlife Service. Dated at Fergus Falls, Minnesota this 4th day of September, 1979. ATTEST: ~C,,.j Jz. ~,/} Clerk Upon motion made by Hub Nqrdgren, seconded by Andy Leitch and carried, the following resolution was adopted: RESOLVED by the Board of ,County Commissioners of Otter Tail County Minnesota, that WHEREAS Steve Myhra, owner of record of the following described property: Pt, G.L. 5, Tr, 45' on lake;x 3~8' lying 50' NE, of and parallel to Lot,13, Camp Hatton, Section 12 -134 -40 has made application to repurchase said property, said property having forfeited to the State of Minnesota on the 27th day of October, 1978 for non payment of taxes for the year 1972 and subsequent years, and WHEREAS, the aggregate of all delinquent taxes, assessments, penalties costs and interest, amount to $1,212.38 ,. and WHEREAS the aforementioned applicant has paid the sum of $121.24, being one~tenth of the aggregate sum of said delinquent taxes, penalties, costs, and further agrees to pay the balance due in ten annual instalments with the balance· due at four percent interest per annum on the unpaid balance, NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of Otter Tail County does hereby approve the above application, to be in the best public interest and relieve undue hardship, Dated at Fergus Falls, Minnesota this 4th day·of September, 1979. ATTEST: Clerk ,. •, ' I .... ' ' ' Upon motion made by Sydney Nelson. seconded by Andy Leitch and carried, the following resolution was adopted: RESOLUTION. WHEREAS, the County of Otter T~;i..1 has a,pplied to the Commis- sioner of Transporta,tion :f;oi;-·a, grant from.the m.nnesota State Trans- portation Fund for.the. reconstruction·of·Township Bridge No. 91798 over the Toa,d R,:;i_ver, and; WHEREAS,· the· ~ppli.ca,ti.on· for· the grant has been reviewed by th.e. W:est Central Region~! Devel,opinent Commission, and; WHEREAS, the amount of the grant has been determined to be $40,312.00 by reas.on of the !Qwest responsible bid. NOW, THEREFORE; BE IT RESOLVED, that the County of Otter Tail does hereby affirm that any _cos.t·· of the bt;idge :;i.n excess of th.e grant will be 'a.ppropriated from funds available to the County of Otter Tail, and that any grant ll!Onies a,ppropriated for the bridge but not required, based on the final ~stimate, shall be returned to the Minnesota State Transportation Fund. Attest: ·-,_. correct copy of a :re Otter Ta.i.1 a.t ~ dul,y of ________ , (SEAL) County . rs ion is a true ,and y the County of the· ___ Day County A.udi,tor I , Upon motion made by Bert Hovland, seconded by Andy Leitch and carried, the·following resolution was adopted: RESOLUTION BE IT RESOLVED, that the "following described project .is hereby approved by Otter Tail County and the County Highway Engineer shall take such action needed to have the work completed. BE IT FURTHER RESOLVED, that the work may be included in future County contracts, added to existing County contracts or_by any Qther method .deemed to be the most advantageous to the County: .. .., .. , ·_Project Owner __ Du_n_n_._T_o_wn_'_s_h_'i...,P ___ ·, _________ _ Type --~----,B~i_t_u_m_i_n_o~u_s---'S_u~r_f_a_c_i_n~g,___._ ___ -__ _ •. \I ' Location /''.·(Section 28 ,& 33) & (Sectio_n 21 & 22) ___ __,_ _____________ _._ __ _._ _______ _ Approx. Length 2.4 Miles ---------'-------------- Approx. Cost .$80,000 ---'--...._ ________________ _ BE IT FURTHER RESOLVED, that when work is added ·to an existing contract, an ~dditional contract time allowance will be made on a proportional basis for the extra work. Adopted this 4th day of September, 1979. Attest: ~~~,w,_uj CounyAudi.tor (/ (SEAL) . unty Upon motion made by Andy Leitch, seconded by Hub Nordgren and carried, the following resolution was adopted: RESOLUTION WHEREAS, the County of Otter Tail has applied to the Connnis- sioner of Transportation for a grant from the Minnesota State Trans- portation Fund for the _reconstruction of Township Bridge No. 95032 over the Ponnne De Terre River, and; WHEREAS, the application for the grant has been reviewed by the West Central .Regional Development Co1l)lllission, and; WHEREAS, the amount of the grant has been determined to be $28,510.08 by reas.on of ·the lowest responsible bid. NQW, THEREfORE, BE IT RESO~VED, that the Co_unty of Otter Tail does. hereby aHinn tha_t any cos:t of· the bridge in excess of the grant wi.11 be appropriated from funds_ available to the County of Otter Ta.i.l, and that a,,ny g:i;ant mon:;i.es appropriated for the bridge but not required, based on the final estimate, shall be returned to th_e ~:nnes.ota State Transportati,on Fund. At.test: {_SEAL) I do he correct copy of; Otter Tail at a of -------- (SEAL) CE.R_'rI:fI:CATl:QN , 1979. County issioners ution i_s a true and ed by the County of · on the day ---- County Auditor Motion was made by Bert Hovland, seconded by Hub Nordgren and carried, to grant a utility permit to the Crystal-Lida Sanitary Sewer District. in Llda Township. Motion was made by Andy Leitch, seconded by Hub Nordgren and carried, to purchase the property adjacent to the county garage in Vining. Motion was made by Sydney Nelson. seconded by Andy Leitch and StP.i 0.,91 q. carried, to grant an appropriation of $250.00 to Gorman Township for Special Ai\Ol984 Motion was made by Andy Leitch, seconded by Bert Hovland and carried, to approve payment to Mark Sand & Gravel Company, Fergus Falls, Minnesota, reducing the retainage percentage to 1% on C.P. Old #52 and 5% on· S.A.P. 56-611-08, etc •• Motion was·made by Andy Leite~, seconded by Bert Hovland and carried, requesting the County Auditor write to the Minnesota Pollution Control Agency, re- questing different guide lines be set ·tn, the rural less populated-.:·!,. areas, to con- form with legislative intent. Upon motion made by Bert Hovland, ·seconded by John Snowberg and carried, the following bills were allowed: I Office Expense Glen Melby Richard Tamke Thomas Tamke Joseph Peloquin Carl Blomgren SHERIFF South Mill Standard Westside Service Ottennan Standard Otter Tail Oil Co Pelican Union 76 Phillips Petroleum Co Park Region Co-op Farmers Union Co-op Oil Birkholz North Side Self Service Big Chief Standard Bengtson Oil Co· Perham Co-op Oil Service Oil Co Otter Tail Co-op Oil Riverside Repair Bauck Chevrolet Fergus Tire Center Beyer's Body Shop Big "A" Auto Parts Xerox Corp The Photo Center Nelson Bros Printing Indianhead Specialty Co Vere's Fergus Concrete Products The Travel Gallery Kustoms Signals Inc. Mobile Radio Service City of Fergus Falls Allied Supply Co Daily Journal Hesby Barker Agency Battle Lake Review. Fergus Falls Medical Group Lake Region Hospital Memorial Hospital & Homes Fergus Falls Vets Clinic City Pharmacy Andrew & Meister Drug Mrs Gordon Tomhave Orletta Eisenh,li;h Bev Hendrickson' Service Food Market Red Owl Piggly Wiggly Metz Baking Fergus Locker & Meat Supply Fergus Jobbing 63.25 8.88 3.15 137.00 13.65 150.00 15.32 128.92 13.42 21.25 9.56 10~79 29.20 15.32 62.22 · · 133.66 35.50 120.54 993.89 579.37 122.38 21.48 303.31 589.90 21.55 261.96 256.30 41.00 10.00 188.50 26.4o 220.00 60.12 248.55 26.00 113.40 8.10 282.09 13.40 162.90 85.00 35.00 66.50 45.55 3.90 32.85 29.20 32.85 53.96 40.91 10.29 94.06 12.84 39.10 I Continental Big Red Cass Clay Creamery Mrs Gordon Tomhave -1 CO COURT Xerox Corp Indianhead Specialty Co Miller Davis Co Poucher Printing & Litho Victor Lundeen & Co Indianhead Specialty Co Empire Business Machines Cooper's Office Supply Inc. Mid West Business Products Houg Business Service Larimer County St Could DWI Clinic - Fergus Falls DWI Clinic City of Perham · John Rightmir Jr Brian Vigen Kathy DeVine Carole Lillestol Michael Kirk CO ATl'ORNEY Minn. Co Attorney's Assoc Xerox Corp IBM Corp Miller Davis Co James Johnson Larry Krohn Richard MacGregor William Kalar GR Graphics Pelican Union 76 Otter Tail Co-op Oil South Mill Standard LAND & RESOURCE Otter Tail Co Sheriff's Dept - University of Minnes~'ta · ' CO PLANNING June Ryan Wilfred Estes~ Battle Lake Review Perham Enterprise Bulletin Pelican Rapids Press Daily Journal Henning Advocate 373-55 250.57 14.oo 550.00 20.18 55.18 61.6o 26.37 21.92 470r,40 18.00 -115.37 183.50 12.06 25.00 275.00 65.00 35.00 48.92 48.92 35.00 267.80 6o.oo 194.73 266.75 15.01 130.89 66.92 86.56 116.32 264.74 44.24 51.77 10.92 52.98 5.00 83.60 174.28 38.28 34.51 26.04 36.10 16.95 3 BOARD OF ADJ Battle Lake Review 34.72 Perham Enterprise Bulletin 8.45 VETS SERVICE Roger Bengtson 160.94 Rudolph Auch 111. 78 Connie Hovland 70.35 Otter Tail Co-op Oil 58.52 Memindex 13.20 ASSESSOR Eugene Davenport 37.18 John Skramstad 65.15 Scott Winter 35.20 Otter Tail Co-op Oil' 134.40 Fergus Tire Center 14.38 Kimber Awning 55.80 White Drug 56.57 CORONER Mehdi Orandi M.D. 300.00 Marjean INlnson 75.75 Mehdi Orandi M.D. 70.50 Jerry Hendel'M.D. 30.25 Eliseo Dejoras M.D. 73.00 ·Lewi's: Struthers M.D. 42.80 The Photo Center 13.90 ~ H~A . Karen Peterson 2,022.91 Phyllis Dunker 840.00 l_ IBM Corp 29.74 Victor Lundeen & Co 4.70 ,-Peter Hoff 20.64 Floyd Hoff 23.20 Janice Palan 36.90 Russell Knutson 33.70 " WOT EXTENSION Otter Tail Co-op Oil 61.25 ' City of Perham 100.00 E OT EXTENSION Arlys"Donat 13.75 Perham Co-op Oil 46.18 DATA PROCESSING Burroughs Corp 476.28 Gambles 6.68 PHELPS MILL Todd Cle:nnont 581.45 Otte:nnan Standard 54.95 MISC EXPENSES Gust Lagerquist & Sons 246.50 Knutson Heating & Air Cond. 59.35 Wm Galena & Son 336.84 Mtc. Engineering Co 162.64 j National Chemsearch Western Chemical Lystads Northwestern Supply Co H & LOK Hardware Reynolds Construction Otter Tail Co-op Oil Larry Rosentreter Jeff Jenson Gregory Ristinen Xerox Corp Midwest Business· Products Nelson Bros Cooper's Office Supply Poucher Printing & Litho Indianhead Specialty Miller Davis Co . NCR Corp State of Minnesota Otter Tail Co Dept of Social Services Hunt Ins. Agency Daily Journal Battle Lake Review Pelican Rapids Press Parta Printing Holiday Inn _Sylvia Bergerud Cora Nelson Peggy Nash Evelyn Wagner George Nelson Buseth Tusow .. Post # 18 Gordon Bjoralt BOAT & WATER SAFETY Thalmann's Repair Simison Marine Fergus Marine Riverside Resort Bay View Shores Otter Tail Co-op Oils Service Oil Co Hesby Barker Agency Barco Bearing Co Big "A" Auto Parts Cummins Diesel Sales Inc. Ebersviller Impl. Co General Trading ROAD & BRIDGE Genuine Parts Co Fergus Falls Genuine Parts Pelican Rapids Gerry's Parts Supply Hanson Wheel Horse Hayden Murphy Equi:pment Helle International Hyman Freightways· Inc. Interstate Inc. Lawson Products 57.78 508.15 235.25 120.00 12.11 251.52 22.29 9.94 241.88 78.00 519.18 11.09 244.oo 81.20 63.94 48.14 901.01 899,00 2,973.28 420.00 85.00 384.53 45.00 2,649.73 10.34 75.56 21.12 40.00 4o.oo 32.92 123.86 50.00 73.60 16.80 18.20 56.00 30.12 16.73 240.14 57.66 13.00 15.27 83.15 209.67 2.64 568.78 13.52 39.51 13.76 5-95 235.46 11.24 16.43 99.14 227.20 National Bushing & Parts Co· Perham Farm SUpply Ruffridge Johnson Equipment Russ Johnson Co Sturdevant's Inc. SUper GMC Truck Sales Uselman's Inc. Westgo Truck Equipment Minnesota Motor Co Mobile Radi·on Service Olson Auto Electric Ottennan Standard & Marine Ace Hardware Affiliated Home Center Coast to Coast Parkers Prairie Crane Johnson Lumber Co Dalton Lumber Co Farm&ra-Elevator Hanson's Hardware Hank Lake Region Rehab Industries Lampert Building Center M-R Sign Co Inc. Peavey Building Supplies Perco Farm Service Sigelman Steel & Salvage Stenerson Bros Lumber Co Daryl Trites Vergas Co-op Mill & Elevator Auto Safety Service Farnam Tire Center Fergus Tire Center Firestone Stores Meyer's Service Station Otter Tail Co Landf'ill Assn State of Minnesota Mark Sand & Gravel Robert Osterman Reynolds Construction Sherbrooke Sodding Co Sterling Excavating Wadena Asphalt Co Daily Journal International Business Machines 3M Business Products Cormnissioner of Transportation Cooper's Office SUpply Inc. Gibson Discount Center· Nelson Bros Printing EOT Telephone Co NW Bell Telephone Co Dennis Berend Dennis Berend Helen Erkenbrack . -OT Co Dept of Soc-i.al 'Services H.V. Johnston Culvert Co L.N. Sickels Co Inc. Albert Hager Jerry Uselman 314.19 8.64 51.37 33.05 1.89 127.82 70.84 41.51 39.39 963.05 28.15 122.43 2.42 16.85 63.76 35.47 9.20 31.20 42.4o 335.90 28.25 510.50 18.00 16.95 34.60 54.69 45.00 25.40 183.56 142.34 25.20 283.08 990.43 23.50 6.oo 726.YJ 437.50 50.00 110.70 1,000.00 4,o48.oo 42.05 33.74 2,083.22 1,009.92 323.38 21.16 437.00 76.90 86.51 36.29 29.70 36.oo 10.00 ·2,947.20 20,825.51 20.00 20.00 D-A.Lubricant Co Inc. Nundahl Oil Co Andy's 66 Service Consumers Co-op Oil Co-op Services Inc. Don's Service Farmers Co-op Ass'n Deer Creek Otter Tail Co~op Oil Vergas Oil Co Ace Hardware Carr Enterprises Inc. Hanson's Hardware Hank Otter Tail Co-op Oil . Park Region Co-op Swanson Equipment. Vergas Oil Co Duane Bjerketvedt CETA 870.10 374.50 1,226.14 273.10 360.05 35.92 313.91 1,133.22 467.56 1.00 21.85 18.25 13.37 2.40 14.32 13.85 283.52 There being no further:busin~ss, the Chairman adjourned the meeting until 9:30 A.M., Wednesday, ·September S, 1979. -WEDNESDAY'S SESSION - Pursuant to adjournment, the Board of County Commissioners met at 9:30 A.M., Wednesday, September 5th, 1979, all members present. John Roberts appeared before the Board requesting permission to put an approach onto County Road #1, from Lot 4, Block 1, Carr's Subdivision· in Amor Township. After considerable discuss.ion, .motion was made by Bert Hov- land, seconded by Andy Leitch and carried, to allow said_ approach to be,,used only in the winter and to· be remov.ed ~ when the township takes over the access road serving Carr's Subdivision. Motion was made by Andy Leitch, seconded by Hub Nordgren and ' carried, to issue a site permit, at no fee, to Bernard & Roby Vogel in G.L. 1 Section 3 of Clitherall Township, for a governmental agency project. Upon motion made by tSyd NeUonil, seconded by Berti•¼Joi1tand and carried, the following applications for homestead classification were approved: Vic Satter, Jr. Kay Shields Pelican Township Dora Township Mobile home homestead Mobile home homestead Motion was made by Bert Hovland, seconded by Hub Nordgren and carried, to approve the plats of Aurdal River View, 2nd and 3rd Add'ns, located in Section 7 -133 -42. Motion was made by Hub Nordgren, seconded by Andy Leitch and carried, to approve the application of.Irvin Woodworth, Jr., of Woodworth Backhoe Service, Parkers Prairie, Minnesota for sewage disposal installer license. Motion was made by Bert Hovland, seconded by John Snowberg and carried, to approve the application of Raymond Davis, Lake Region Disposal Ser- vice, Fergus Falls·, Minnesota for solid waste colection and transportation license. Motion was made by Andy Leitch, seconded by John lnowberg and carried, to approve an application for change of classification on property in Pine Lake Township, by William & Rose Schmoker. Upon motion made by Andy Leitch, seconded by Bert Hovland and carried, the following resolution was· adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that On this 5th day of September, 1979, the Board of County Commissbners of Otter Tail County by its polling of a quorum of members present do hereby unani- mously resolved that Otter Tail County transfer, convey and sell by Warranty Deed to Osher Company, a co-partnership consisting of Marc Liebhaber, Henia Liebhaber, Mark Mandel and Roberta Mandel, certain property known as the Otter Tail County Nursing Home, together with all real estate, fixtures, furnishings, supplies and· all other personal property used in or in connection with the premises. IT IS FURTIIER RESOLVED that Sylvia G. Bergerud, the duly elected Auditor of Otter Tail County, be authorized and empowered to execute and deliver:,, to Osher Company.any and all documents required to further and complete this transaction. IT IS FURTHER RESOLVED that Sydney G. Nelson, the duly elected Chairman of the Otter Tail County Board of Commissioners, be authorized and empowered to execute and delivery to Osher Company any and all documents re- quired to further and complete this trans~ct~on. IT IS FURTHER:RESOLVED that the-County Auditor and the Chairman of the Board of County Commissioners be authorized_ and empowered to execute specifically the purchase, agreement, esc-row agreement -·and warranty deed in furtherance of this transaction. Dated at Fergus 'Falls, Minnesota _:this 5th day of September, 1979. ATTEST: ~J~~J-' ' -r ·clerk Comlilissioner Bert Hovland introduced the following resolution and moved for its adoption: RESOLlfl'ION APPOINTING SEWER COMMISSION PURSUANT TO M.S.A. 116A.24 AND ORDERING_ WAIVER.OF RIGHT TO APPROVAL OF ACTIONS OF SEWER COMMISSION FOR CRYSTAL LIDA SEWER SYSTEM A. RESOLlITION APPOINTING SEWER COMMISSION WHEREAS, the Otter .Tail County Boar4 of ,Co~issioners has ordered the establishment of the Crys;tal.t Lida Sewer Sfstem and desires to appoint a Sewer Commission, NOW, THEREFORE, BE IT RESOLVED;that such commission is hereby appointed before the final award of a contract for construction of the system and the number of members on said commission is hereby designated to be not less than five (S) and not more than eleven (11). Members shall be appointed hereby by the County Board from within the area of the County which is served by the System. The Commission members shall serve for terms of four (4) years and until his successor is appointed and qualifies. The commencement date of the term of each member and the name of each member and his successor is hereby fixed by Order of the Board so that as nearly as possible an equal number of members will be replaced or be re-appointed each year. The name and term of·each member is hereby designated as follows: Robert Engelstad, four year term Theodore Kessel, four year term Kenneth McNabb, three year term ·calvin Sebelius, three year term .Al Schierman, two year term Calvin Larson, two year term L. Bud Hanson, one year term Clarence Peterson, one year term B. ORDER DELEGATING POWERS AND WAIVING RIGHT TO APPROVAL WHEREAS, THE Otter Tail County Board of Commissioners may waive its right to approval of certain actions by the Sewer Commission, NOW, THEREFORE, BE IT HEREBY RESOLVED and ordered that the Sewer Com- mission hereby appointed may do all things necessary to construct, operate and maintain the system without approval of the Otter Tail County Board of Com- missioners including but not limited to the following: (1) Employ on such terms as it deems advisable, persons or firms per- forming engineering, legal or other services of a professional nature; require any employee to obtain and file with it an individual bond or fidelity insurance policy; and· procure insurance in such amounts.as it deems necessary against lia- bility of the board or its officers and employees or both, for personal injury or death and property damag~ or destruction with the force and effect stated in M.S.A. Chapter 466, and against risks of damage to or destruction of any of its facilities, equipment or other property as it deems necessary. (2) Construct or maintain its systems or facilities in, along, on, under, over, or through public streets, bridges, viaducts and other public rights ' of way without first obtaining a franchise fro~ any local government unit having jurisdiction over them; but such facilities shall be constructed and maintained in accordance with the ordinances and resolutions of any such government unit re- lating to construction, installation and maintenance.of similar facilities in such public properties and shall not obstruct the public use of such rights of way. (3) Have the powe.r to adop't rules and !egulation~ relating to the establishment of water or sewer rentals or user fees as may be deemed advisable and the operation of any system operated by it, and may provide penalties for the violation thereof not exceeding.the maximwn which may be specified for a mis- demeanor. Any rule or regulaton prescribing a~; penalty for violation shall be published at least once ina newspaper having general circulation in the area. (4) Acquire by purchase, lease, gift, or grant, any real or personal property including positive and negative easements and water and air rights, and it may construct, enlarge, improve, replace, repair, maintain and operate any system determined to be necessary or convenient for the colle¢i:on and disposal of sewage or collection, treatment and distribution of water·1~ its jurisdiction. Any local government unit and-the commissioners of highways and·natural resources are authorized to convey to or permit.the:use.of.any such .. facilities owned or con- trolled by it by the board of commission, subject to the rights of the holders of any bonds issued with respect· thereto·,· with or without compensation, without an election or approval by any other government agency. The board or commission may hold such property so far as not needed for its purposes, upon such terms and in such manner as it shall deem advisable. (S) Contract with the United States or any agency thereof, any state or agency thereof, or any local government unit or governmental agency or subdivision · for the joint use of any facility owned by the board or such entity, for the opera- tion by such entity of any system or facility of the board, or for the performance on the board's behalf of any service, on such terms as may be agreed upon by the contracting parties. (6) TIIE OITER TAIL COUNTY BOARD OF COMMISSIONERS EXPRESSLY DOES NOT DELEGATE TIIB FOLLOWING POWERS AND HEREBY EXPRESSLY RESERVES AND DOES NOT WAIVE IBEIR RIGHT TO APPROVAL OF THE FOLLOWING MATTERS: (a) The power to enter any contract for the construction of the System is not delegated and approval by the Otter Tail County Board is required. (b) The power to sell bonds and levy special assessments and collect special assessments for the System is not delegated and approval by Otter Tail County is required. (c) The power to acquire lands and property rights by condenmation is not delegated and approval by .Otter Tail County is required. The motion for adoption of the foregoing REsolution and Order was duly seconded by Connnissioner Nordgren and upon a vote being taken thereon, the following voted in favor thereof: Sydney Nelson, Be~t Hovland, Andy Leitch, Hub Nordgren and John Snowberg and the following voted against the same: none Whereupon said Resolution and Order was declared duly passed and adopted at Fergus Falls, Minnesota this 5th day of September, 1979. AITEST: Clerk Upon motion made by Andy Leitch, seconded by Bert Hovland and carriE,.d, the meeting was adjourned until 1:00 p.m., Friday, September 7, 1979. ATTEST: ~.;;;J~-1 Clerk