Loading...
HomeMy WebLinkAbout2005-05 06-02 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 2 day of June 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: abcdefghgklmnopgrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 2nd day of June 2005. newspapers AFFIDAVIT OF PUBLICATION Notafry Pu5Iic (1) Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law (3) Rate actually charged RATE INFORMATION 2.85 per line 6.20 per line 1.30 per line City of Brooklyn Center (Of&a Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of July, 2005, at 7 p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance provid- ing for the regulation of railroad locomotive horns in the City. Auxiliary aids: for persons with disabilities are available upotxrequest at: least 96 hours in advance: Please contact the City Clerk at 763 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE, AMENDING CHAPTER' 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 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 section: Section 19 -2000 Train Whistles. 19 -2001. Findin and ose. The Co ncil find the t the so cling of railroad locomotive horns at grade crossings has increased in recent years. The increased use of rail- road locomotive horns at grade crossings in and around residential neighborhoods has detracted from the quiet en- iovment of property and from thepeace and dignity of the City. The City also is concerned about the safety of the pub- lic 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 necessary to establish regulations pertaining to railroad locomotive horns, bells, or whistles. The City establishes this ordi- nance and intends that the ordinance be consistent with the a..licable rul f the Federal Railroad dminis r:- tion (FRA) found in 49 Code of Federal Regulations (CFR) Parts 222 and 229 as they may be hereafter amended; re- lating to the establishment of quiet zones. 19 -2002. The City, having met the requirements of 49 CFR Part 222;' has established the Azelia Avenue quiet zone (the `Quiet Zone along the rail line crossing Az ;ha Av- enue from milepost 5.49 to milepost 6.00: No railroad lo- comotive horn, bell, or whistle shall be sounded' in or along the Quiet Zone at any time, except to provide a warning to prevent imminent iniury death, or property damage in ac- cordance wit 4 F 22.23 .s such r 1• -m. be amended from time to time, or as otherwise permitted by the a ..lic bl FRA re ations. Th a in of an rail- road 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 day of 2005. ATTEST: City Clerk Mayor Date of Publication: Effective Date: (Strikeout indicates matter to be deleted; underline indi- cates new matter). (June 2, 2005)pUlst read locomotive Horn Legal Notices continued on next page