Improvement District Formation
The Pelican Group of Lakes Improvement District (PGOLID) was formed by order of the Otter Tail County Commission under Minnesota statute in 1994, and was amended in December 2001. The Original Order Establishing the Pelican Group of Lakes Improvement District can be found here. It was originally included in the minutes of the Thursday, December 27, 2001 meeting of the Otter Tail County Board of Commissioners.
The PGOLID board consists of 9 elected members and consists of 4 interconnected lakes; Big Pelican, Little Pelican, Fish, and Bass Lakes . PGOLID includes approximately 1,200 property owners with an estimated taxable market value in excess of $200 million dollars.
Findings of Fact
The Otter Tail County Board (the “Board”) adopted a resolution of intent to establish the Pelican Group of Lakes Improvement District (the “District”) on August 7, 1993 . The Board held a public hearing on August 28, 1993, within the proposed district regarding whether the district should be established. On October 5, 1993 , the Board ordered that the proposed district be established effective June 6, 1994 .
The boundaries of the Pelican Group of Lakes Improvement District encompasses all parcels of real property, any part of which is located within 500 feet of the ordinary high water mark of Bass, Big Pelican, Fish and Little Pelican Lakes in Scambler and Dunn Townships of Otter Tail County, to include the entire tax parcels, except for parcels classified for agricultural use. As the use of agricultural lands within the 500 foot boundary of the District changes to non-agricultural use, the District may use the County Auditor and Assessor, and by notifying the owner of the property and the Administrator of the Otter Tail County Department of Land and Resource Management, include those formerly agricultural lands in the District. See order.
Water and Land Resource Management Programs
The water and related land resource management programs to be undertaken in the district include the following:
1. Develop and implement a comprehensive plan to eliminate water pollution
2. Receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs;
3. Undertake research to determine the condition and development of the body of water included within the lake improvement district and to transmit the studies to the Department of Natural Resources, the Minnesota Pollution Control Agency and other interested authorities;
4. Make cooperative agreements with the United States or state government or other county or city to effectuate water and related land resource programs
5. Conduct programs of water improvement and conservation
6. Implement a water monitoring system
7. Serve as local sponsor for state and federal projects or grants;
8. Regulate water surface use as deemed necessary and reasonable; or such other programs, plans, studies, developments and implementations as are allowed or permitted by law, and approved by the County Board from time to time.
PGOLID Power and Authority
The Board delegates to the Pelican Group of Lakes Improvement District the power and authority to:
1. Acquire by gift or purchase an existing dam or control works that affects the level of waters in the district
2. Construct and operate water control structures that are approved by the commissioner of natural resources under section 103G.245;
3. Undertake projects to change the course current or cross section of public waters that are approved by the commissioner of natural resources under section 103G.245;
4. Acquire property, equipment, or other facilities, by gift or purchase to improve navigation;
5. Contract with a board of managers of a watershed district within the lake improvement district or the board of supervisors of a soil and water conservation district within the district for improvements under chapters 103C and 103D
6. Undertake research to determine the condition and development of the body of water and the water entering it and to transmit the results of the studies to the pollution control agency and other interested authorities
7. Develop and implement a comprehensive plan to eliminate water pollution
8. Conduct a program of water improvement and conservation with the specific approval of the County Board for a particular project
9. Construct a water, sewer, or water and sewer system in the manner provided by section 444.075 or other applicable laws
10. Receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs
11. Make cooperative agreements with the United States or state government or other counties or cities to effectuate water and related land resource programs
12. Maintain public beaches, public docks, and other public facilities for access to the body of water
13. Provide and finance a government service of the county or statutory or home rule city that is not provided throughout the county or, if the government service is provided, the service is at an increased level within the district
14. Regulate water surface use as provided in sections 86B.205, 103G.605, and 103G.621; with the specific approval of the County Board for a particular project finance sewer, water, joint sewer and water, storm water and related improvement programs and projects as provided in chapter 429 and section 444.075; and exercise those related functions necessary to effectuate the powers and authorities listed above.
The programs and projects of the lake improvement district will be financed by:
1. Assessing the costs of projects upon benefited property within the district in the manner provided under chapter 429
2. Imposing service charges on the users of lake improvement district services within the district
3. Issuing obligations as provided in section 429.091
4. Levying an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended solely on projects of special benefit to the district
5. Imposing or issuing any combination of service charges, special assessments, obligations, and taxes; or imposing any of the finance mechanisms provided for in section 444.075.
The Administrator of the Otter Tail County Department of Land and Resource Management shall be responsible for supervising the programs of the District.
Board Structure and Organization
The Board of Directors of the Pelican Group of Lakes Improvement District consists of nine members, who must be owners of property located within the district. The initial director is appointed to alternating terms of one, two and three years each. Thereafter, three directors shall be elected each year to serve three year terms. No director may serve more than two successive complete terms. An individual shall be eligible for re-election to the Board of Directors after three years absence.
Directors may be removed by a two-thirds vote of the remaining board members or by a vote of the majority of the property owners present at an annual meeting. Vacancies in the Board of Directors may be filled by a majority vote of the remaining directors, subject to approval by a majority vote of the property owners present at the next annual meeting. A director elected to fill a vacancy shall serve the unexpired term.