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County attorney outlines process to seek municipal powers for county water system; board authorizes resolution
Summary
County attorney told the board it can petition district court under Minnesota statute 169A.01 to obtain municipal powers for its water system — enabling access to some funding programs that restrict eligibility to municipalities — and the board authorized staff to prepare the resolution to start that process.
County legal staff advised the board that, under Minnesota statute 169A.01, the county may petition the district court to be granted municipal powers limited to its water system, a step that would make the county eligible for certain state programs now limited to municipal applicants.
The county attorney explained the petition process: the board would first pass a resolution authorizing the petition; the petition would be filed with the district court; the court would set a hearing following public notice; and if the court grants the petition, the county would obtain the municipal powers enumerated in the referenced statutes (the attorney cited chapters and statutes that confer municipal authorities for water systems and related powers). The attorney noted the process does not change other county functions (for example, it would not alter highway department authority) but would allow the county to apply for programs that require municipal status.
The board moved to authorize staff to prepare a resolution to pursue the petition and to place the resolution on the next agenda; the motion was seconded and approved by voice vote. Staff will bring the proposed resolution back to the board and proceed with the petition if the board approves the formal resolution.
The action is procedural and would require additional steps (public notice and a court hearing) before any change in authority takes effect.
