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<br />Ordinance 745 <br />Page 3 <br /> <br />Section 6. Section 1204.02 is amended by adding a subdivision to read: <br /> <br />Subd. 6. Right of Appeal. Pursuant to Minnesota Statutes sections 462.358 and 462.361 a <br />subdivider may appeal the imposition of dedication fee to the district court within 60 days of <br />the approval of the subdivision application. The subdivider must give written notice to the <br />Municipality regarding a proposed fee dispute prior to the final decision on the proposed <br />subdivision. Upon receiving the notice, the Municipality shall place the disputed fee <br />amount in an escrow and shall continue processing the subdivision application as if the fee <br />had been paid. The Municipality will not condition the approval of any proposed <br />subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the <br />subdivider fails to appeal the dedication fee within 60 days of the subdivision approval, or if <br />the subdivider does not prevail on the appeal, the funds paid into escrow will be transferred <br />to the Municipality. <br /> <br />Section 7. This Ordinance becomes effective thirty (30) days after its publication in the <br />official City newspaper. <br /> <br /> <br />Read by the City Council of the City of Mounds View on this 12th day of July, 2004. <br /> <br />Read and passed by the City Council of the City of Mounds View this 26th day of July, <br />2004. <br /> <br /> <br /> <br /> Jerry Linke, Mayor <br /> <br />ATTEST: <br /> <br />______________________________ <br /> Kurt Ulrich, Clerk / Administrator <br /> <br /> <br />(SEAL) <br /> <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br /> <br />__________________________________ <br />City Attorney <br />