DISCLAIMER

RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE


08-0414R


RESOLUTION APPROVING LAWS OF MINNESOTA 2008, CHAPTER 198, CORRECT ERRORS IN SPIRIT MOUNTAIN LEGAL DESCRIPTION.

CITY PROPOSAL:

     RESOLVED, that pursuant to the requirements of Minnesota Statutes Section 645.021, Subd. 3, the Duluth City Council hereby approves Laws of Minnesota 2008, Chapter 198, amending Laws of Minnesota, 1984, Chapter 390, Section 1, to correct errors in the legal description of the property included in the Spirit Mountain recreation area.


ADMIN/ATTY


STATEMENT OF PURPOSE:  The purpose of this resolution is to accept the special legislation approved by the 2008 Minnesota state legislature correcting errors that have crept into the legal description of the property included in the Spirit Mountain recreation area.


The area making up Spirit Mountain was originally described in Section 2, Subdivision 1, of the enabling legislation (Laws 1973, Chapter 327) approved in 1973. Additional property was later acquired to augment Spirit Mountain’s ability to provide recreational opportunities on the northwest side of Grand Avenue and, in 1984, the property description was amended by Laws 1984, Chapter 390, with the intention of including the added property.


However, somehow errors crept into the description resulting in the inclusion of property not owned by the city nor used by Spirit Mountain and the exclusion of some property that has been used by Spirit Mountain since its inception. On March 26, 2007, the city council approved Resolution 07-0171 requesting that the legislature correct these errors and during the 2008 session, the legislature did so approve Chapter 198, subject to the council’s acceptance thereof. This resolution accepting that special law completes the process.