HomeMy WebLinkAboutResolution 97-43RESOLUTION NO 97-43
THIS AGREEMENT is made this day of , 1997, ("Effective
Date") between the City of crake Elmo, Washington County, Minnesota ("City") and the
Town of Baytown, Washington County, Minnesota ("Town"), and constitutes a "Joint
Resolution" between the City and Town authorized by Minnesota Statutes §414.0325
providing for a procedure and a framework for orderly annexation of a part of the Town to
the City.
1.01 Certain land owners within the Town have petitioned the City and Town for orderly
annexation of their property from the Town to the city.
1.02 The Town and the City are currently considering a plan for the eventual consolidation
of the two political subdivisions.
1.03 Annexation of the subject property at this time would further the consolidation
process.
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2.01 The legal description of the property which is the subject of this orderly annexation
agreement is:
All that part of Section 6, Township 29 North, Range 20 West lying westerly
of the centerline of Stillwater Blvd. also known. as State Highway 5,
Washington County.
The Orderly Annexation Area is designated as in need of orderly annexation and no
consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries
is appropriate, and all conditions of annexation have been provided for in this Resolution:
the Minnesota Municipal Board may review and comment but shall, within thirty (30) days
of receipt of this Resolution, order the annexation in acrn-rdance with the terms of this
resolution.
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2.02 The subject area is 235 acres in size, and has a population of 21.
SECTION THREE
REAL ESTATE TAXATION
3-01 JQyLnJCitv TM Rate Differential. It is recognized that there is a significant difference
between the City's tax capacity rate and the Town's tax capacity rate, and that a
phase-in of the City tax rate would prevent a hardship to annexing properties.
3.02 Tax Rate Adi=ent for Annexed PariZCJ_$_ Pursuant to Minn. Stat. 414.035, for
parcels annexed by this orderly annexation agreement, the initial urban tax rate in the
year of annexation will be forty percent (40%) of the urban rate, with the percentage
being increased 10 percent (107e) each year for six (6) years to the full urban rate,
3.03 Tax Paymetitio TgalL During the term of this Agreement, taxes received by the
City based upon the tax capacity generated from any area annexed in the year of
annexation will be paid over to the Town and thereafter the amount to be paid to the
Town will be reduced by twenty percent (201%;) each year until the amount reaches
zero (0), when taxes based upon the full tax capacity will remain with the City. For
the purpose of this section, any increase in tax capacity over the tax capacity
generated in the year of annexation will remain with the City,
3.04 Y= of Aangzatian, If the annexation becomes effective on or before August I of
any year, the City may levy on the annexed area beginning with that year. if the
annexation becomes effective after August I of any year, the Town may continue to
levy on the annexed area for that year, and the City may not levy in the annexed area
until the following year.
4.01 This Agreement may be modified at any time by written agreement approved by both
the City and the Town.
SECTTON FIVE
GENERAL FROWSIONS
5.01 If any provision of this agreement is declared invalid, for any reason, by a court of
competent jurisdiction, the validity of the remaining terms and provisions shall not be
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effected and the agreement shall be construed and enforced as if the agreement did not
contain the particular term or provision held to be invalid.
CITY OF LAXE ELMO
By.
Wyn John, Its Mayor
Mary Kueffner
Its ClerWAdministrator
TOWN OF BAYTOWN
L-12
Ron Fredkiove, Chairman of
Its Board of Supervisors
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Patricia L. St. Clair
Its Town Clerk