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HomeMy WebLinkAbout2020-02 SECOND READING ADOPTIONCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1 Oth day of February, 2020, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creels Parkway, to consider an ordinance establishing a storm sewer improvement tax district. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2020-02 AN ORDINANCE ESTABLISHING THE EASTBROOK ESTATES 2ND ADDITION STORM SEWER IMPROVEMENT TAX DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Background; Findings. 1.01. The City of Brooklyn Center (the "City") is authorized by Minnesota Statutes, sections 444.16 — 444.21 (the "Act") to establish a storm sewer improvement tax district in connection with the Eastbrook Estates 2nd Addition plat (the "District") to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities within the District and to acquire, construct, maintain and improve stormwater holding areas and ponds outside of the District which are for the benefit of the District in accordance with the Act and to levy a tax on all taxable property within the District to finance such activities. 1.02. The establishment of the District to address repairs and improvements to the stormwater pond and related facilities within the plat that may be needed if the owners within the plat fail to keep such facilities adequately maintained and functioning was addressed in the development agreement and the stormwater agreement entered into with the developer of the plat. Both agreements are being recorded against the property to help ensure those who purchase lots within the plat are aware of their shared obligation to keep the stormwater pond and related facilities properly maintained and that the City may, but is not obligated, to repair or improve the stormwater pond and charge the costs back against the lots within the District. 1.03. It is found and determined that it is in the best interests of the City and its taxpayers that the District be established to ensure the costs generated by the storm water facilities associated with the Eastbrook Estates 2nd Addition development are paid for by the property owners within the plat. The District shall be comprised of all lots within the plat of Eastbrook Estates 2nd Addition as shown on the map attached as Exhibit A and legally described in the attached Exhibit B. Article II. Establishment; Authorizations. 603234v2BR291402 EXHIBIT B Legal description of properties contained within boundaries of Eastbrook Estates 2nd Addition Storm Sewer Improvement Tax District Lots 1-12, Lot 15-19, Block 1; Lots 1-5, Block 2; and Lots 1-8, Block 3; all in Eastbrook Estates 2nd Addition, Hennepin County, Minnesota. B-4 603234v2BR291402 2.01. The Eastbrook Estates 2nd Addition Storm Sewer Improvement Tax District is hereby established. The City shall have all powers and authority conferred by the Act in the operation and financing of the activities of the District. 2.02. The boundaries of the District include all properties within the plat of Eastbrook Estates 2nd Addition, excluding Lots 13 & 14, Block 1 as shown on the map attached as Exhibit A and legally described in the attached Exhibit B. 2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with the Auditor and Recorder of Hennepin County. Article III. This ordinance shall become effective after adoption and upon thirty days following its publication. Adopted this 1 Ot" day of February, 2020. 4 %%y1yor ATTEST: City Clerk Date of Publication: February 20, 2020 Effective Date: March 21, 2020 2 603234v2BR291-402 EXHIBIT A Map of District (attached hereto) A-3 603234v2BR291402