00-0153R
RESOLUTION ELECTING THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES SECTION 115.23, SUBDIVISION 7.
BE IT RESOLVED, by the governing bodies of the city of Duluth, Minnesota (the "city"), the town of Duluth, Minnesota (the "town of Duluth") and the town of Lakewood, Minnesota (the "town of Lakewood"), meeting in joint session, as follows:

Section 1. Recitals.

1.01 The city, the town of Duluth and the town of Lakewood, all in St. Louis County, Minnesota, have submitted a petition to the Minnesota pollution control agency (the "MPCA") requesting creation of the Duluth/North Shore sanitary district (the "sanitary district") pursuant to Minnesota Statutes, Sections 115.18 through 115.37 (the "act"). (The city, the town of Duluth and the town of Lakewood are herein referred to collectively as the "municipalities".)

1.02 On January 25, 2000, the MPCA issued an order approving creation of the sanitary district (the "order"). The order was published in the State Register on January 31, 2000.

1.03 On March 1, 2000, the time for appeal of the order having expired, a certified copy of the order was duly filed with the Minnesota secretary of state, and creation of the sanitary district was thereupon deemed complete under the act.

1.04 The MPCA has designated the city as the central related governing body under the act.

1.05 The act requires that the municipalities elect a board of managers for the sanitary district (the "board of managers") as soon as practicable after creation of the sanitary district.

1.06 Pursuant to Section 115.23, subdivision 4 of the act, the city clerk has given at least ten days' notice of this meeting by mail to the clerks of the town of Duluth and the town of Lakewood, who transmitted such notice to all the members of each of their governing bodies.

Section 2. Findings.

2.01 It is in the best interests of the municipalities and of the sanitary district that the board of managers be composed of two members who are voting residents of the city, two members who are voting residents of the town of Duluth, and one member who is a voting resident of the town of Lakewood, each of whom must reside in the area of the sanitary district.

2.02 It is in the best interests of the municipalities and of the sanitary district that the following persons, each of whom is a registered voter residing in the area of the sanitary district, be nominated for election to the board of managers for the terms indicated:

(a) Nelson Thomas of the city, whose term shall expire on the first business day of January, 2003;
(b) Rick Certano of the city, whose term shall expire on the first business day of January, 2002;
(c) Mary Ann Sironen of the town of Duluth, whose term shall expire on the first business day of January, 2002;
(d) Lars Fladmark of the town of Duluth, whose term shall expire on the first business day of January, 2003; and
(e) Kevin Bovee of the town of Lakewood, whose term shall expire on the first busines day of January, 2004.
Section 3. Election of board of managers.

3.01 Election of the above named persons to the board of managers of the sanitary district is hereby approved and such persons are hereby elected for the terms indicated.

3.02 The city council president and the city clerk are authorized and directed to certify the results of this election to the secretary of the MPCA, to the county auditor of St. Louis County and to the clerks of the town of Duluth and the town of Lakewood and make and transmit to each board member elected a certificate of the board member's election.

Section 4. Appointment of temporary chair. This body hereby consents to the designation by the city council president of Nelson Thomas, duly elected member of the board of managers and chair of the North Shore Wastewater joint powers board, to serve as temporary chair for the purposes of initial organization of the board of managers. The city clerk is directed to include written notice thereof to all the board members with their certificates of election as set forth in Section 3.02 above.



STATEMENT OF PURPOSE: The purpose of this resolution is to elect the board of managers of the Duluth/North Shore sanitary district and to authorize the city clerk to perform certain procedural functions such as preparation and mailing of the certificates of election of members of the board of managers.