HomeMy WebLinkAbout2012 04-12 AP - ORDINANCE NOT ADOPTED i
www.MinnLocal.com City of Brooklyn Center all yeas is dismissed,the City shall pay
all reasonable costs and expenses in-
(Official Publication) curred by the condemnee including attor-
CITY OF BROOKLYN CENTER ney's fees. The City has a 60 day period
from the initiation by the City Council of
Notice is hereby given that a public hear- s
ing will be held on the 14th day of May eminent domain to dismiss proceedings
2012 at 7 p.m.or as soon thereafter as unless an extension is stipulated and
the matter may be heard at the City Hall, agreed to by all parties.
6301 Shingle Creek Parkway,to consid- Section 9.05. CITY MAY TAKE ENTIRE
MM E D I A er an ordinance amending Chapter 9 of PLANT.If the City condemns a public util-
the Brooklyn Center City Charter regard- ity which is operated at the time of the
AFFIDAVIT OF PUBLICATION ing eminent domain. commencement of the condemnation
Auxiliary aids for persons with disabilities proceeding as one property or one sys-
tem OF MINNESOTA ) are available upon request at least 96 ,itshallnotbenecessaryi othecon-
dem
hours in advance. Please contact the nation proceedings or any the pro-
)SS. City Clerk at 763-569-3300 to make treat edings of the Council,to describe or
COUNTY OF HENNEPIN ) arrangements. treat separately the different kinds
property composing such system;but all
Richard Hendrickson, being duly sworn on ORDINANCE NO. of t nelands,
, rts articles,
franchise values, a which
an oath,states or affirms that he is the Chief AN ORDINANCE AMENDING CHAP- comprise such system may,unless oth-
known TER 9 OF THE BROOKLYN CENTER erwise ordered by the court,be treated
Financial Officer of the newspaper(s)
CITY CHARTER REGARDING EMI- together as one property and an award
as NENT DOMAIN for the whole property in one lump sum
Brooklyn Park, Brooklyn Center Sun-Post THE CITY COUNCIL OF THE CITY OF may be made by the commissioners or
BROOKLYN CENTER DOES ORDAIN other body assessing the damages on
AS FOLLOWS: condemnation.This does not prevent the
City, when the plant and property are
Section 1.Brooklyn Center City Charter, separable into distinct parts,from acquir-
and has full knowledge of the facts stated Chapter 9,Eminent Domain,is amended ing only such part or parts thereof as may
below: as follows: be necessary in the public interest.
(A)The newspaper has complied with all of CHAPTER 9 Section 3. This ordinance shall be ef-
fective after adoption and ninety(90)
the requirements constituting qualifiea- EMINENT DOMAIN days following it lgal publication.
tion as a qualified newspaper as provid- Section 9.01. POWER TO ACQUIRE Adopted this day of 2012.
ed by Minn. Stat. §331A.02, §331A.07, PROPERTY. The City may acquire by
purchase,gift,devise,or condemnation,
and other applicable laws as amended. any property,real or personal,corporeal Mayor
(B)The printed public notice that is attached or incorporeal,either within or without its ATTEST:
corporate boundaries, which may be City Clerk
was published in said newspaper(s) needed by the City for a ayapublicuseor
once each week,for one successive >>blic purpose. Easements for slopes, Date of Publication:
fills, access, drainage,sewers, building
week(s);it was first published on Thurs- lines poles,wires,pipes,and conduits for Effective Date:
day,the 12 day Of April water,gas,heat,and power may be ac- ( gget indicates matter to be deleted,
2012, and was thereafter printed and quired by gift,devise,purchase,or con- underline indicates new matter.)
p demnation in the manner provided by
published on every Thursday to and in- law. (Apr.12,2012)P1-EminentDomain
cluding Thursday, the ___ day of Subdivision 1. Public use:public pur-
2012;and printed pose,
below is a copy of the lower case alpha- (a) "Public use"or"Public purpose"
bet from A to Z, both inclusive, which is means exausiwew:
(1) the possession,occupation,owner-
hereby acknowledged as being the size ship,and enioyment of the land by the
and kind of type used in the composition general public or by public agencies:
and publication of the notice: (2) the creation or functioning ofapublic
service corporation:or
abcdef hi'klmnopgrstuvwxyz (3) mitigation of a blighted area,remedi-
ation of an environmentally contaminated
area,reduction of abandoned property.
or removal of a public nuisance.
d/ fs7 (b) The public benefits of economic de-
/ - U,�! velopment including an increase in tax
BY: ` base,tax revenues,employment.or gen-
eral economic health.do not by them-
FO selves constitute a public use or a public
purpose.
Section 9.02. PROCEEDINGS IN AC-
QUIRING PROPERTY.The necessity for
Subscribed and sworn to or affirmed the taking of any property bythe City shall
before me on this 12 day f be determined by the Council and shall
y be declared by a resolution which shall
April 2012. describe such property clearly and state
the use to which it is to be devoted.In ac-
quiring property by exercising the power
of eminent domain,the City shall proceed
according the laws of this state,except
as otherwiss r e ovided in this charter.
Notary ublic Section 9.03. PAYMENT OF AWARD.
y The City shall,within seventy(70)days
after the filing of the commissioner's re-
port,or in case of an appeal within forty-
five(45)days after the final judgments or
A DIANE L. ELIASON stipulations of settlement thereon, pay
r•,, x any award of damages allowed pursuant
NOTARY PUBLIC-MINNESOTA c to this section and State law whether by
the commissioners or upon appeal.if the
�u J. My Comm. Exp.Jan.31,2015 award is not paid the court,on motion of
the owner of the land,shall vacate the
award and dismiss the proceedings
against the land.
Section 9.04.CITY MAY DISMISS PRO-
CEEDINGS.The City may dismiss all or
part of the property being acquired in a
condemnation proceedings so long as
the dismissal is filed with the proper court
prior to the expiration of the time for an
appeal or before entry of judgment if an
appeal has been taken. When the pro-