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HomeMy WebLinkAbout2005-05 08-04 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 4 day of August 2005, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 4 day of August 2005. Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law (3) Rate actually charged v newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.30 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION Section 19 -2000 Train Whistles. (Aug. 4, 2005)p1 /PHrg Locomotive Horn www.mnSun_com ORDINANCE NO. 2005-05 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY. ORDINANCES PROVIDING FOR THE REGU- LATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN- TER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new sections 19 -2001. Finding and Purpose. The Council finds that the sounding of railroad locomotive horns at grade crossings has increased in recent years. The increased use of rail- road locomotive horns at grade crossi gs in and -round residential neighborhoods has detracted from the quiet enjoyment of orooerty and from the peace and dignity of the City.` The Citv also is concerned about the safety of the public at railroad crossings if the negative impact of the use of train whistle and horns is mitigated by the creation of a 'quiet zone" In order to protect the safety. welfare and convenience of the public. the council finds it neces- sary to establish regulations pertaining to railroad loco- motive horns. bells. or whistles. The City establishes this ordinance and intends that,the ordinance be consistent with the applicable rules of the Federal Railroad Adminis- tration (FRAI found in 49 Code of Federal Regulations (CFR Parts 222 and 229 as they mat( be hereafter amended, relating to the establishment of quiet zones, 19 -2002. The City. having met the reauirements of 49 CFR Part 222. has established the Azelia Avenue auiet zone (the "Quiet Zone") along the rail line crossing Azelia Avenue from milepost 5.49 temileoost 6.00. No railroad locomotive horn, bet. or whistle shall be sounded in or along the Quiet Zone at any time except to pro a warning to prevent imminent injury. death. or property damage in accordance with 49 CFR, 6222.23. as such rule may be amended from time to time. or as otherwise'per- mitted by the applicable FRA regulations. The sounding of any railroad locomotive horn bell or whistle shall be prima facie evidence that it was sounded or blown with the permission of the railroad company. 19 -2002. Penalty. Violation of the provisions of this Sec- tion is a misdemeanor. Section 2. This ordinance shall be effective after es- tablishment of the Azelia Avenue Quiet Zone pursuant to the regulations of the FRA. Adopted this 25th day of July, 2005. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: August 4, 2005 Effective Date: September 3, 2005 (Strikeout indicates matter to be deleted; underline mdi, cates new matter).