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AFFIDAVIT OF PUBLICATION <br /> CITT OF HUGO STATE OF MINNESOTA ss <br /> COUNTY OF WASHINGTON <br /> ORDINANCE NO.94-292 <br /> CITY OF HUGO <br /> AN ORDINANCE PROVIDING FOR says IMPROVEMENT,MAINTE- being duly sworn, on oath sa s that he or she is <br /> NANCE AND REGULATION OF THE <br /> WALCITY CO NCILOFCEMETERY the authorized agent and employee of the <br /> THE CITY COUNCIL OF THE CITY 9publisher of the newspaper <br /> OF HUGO,WASHINGTON COUNTY, <br /> MINNESOTA,AINASFOLLOWEBYOR- known as The Times, and has full knowledge of the facts which are stated <br /> OR- <br /> DAIN AS FOLLOWS: <br /> Subd.1.Walker Cemetery—Histori- <br /> cal Background.There is located in the below: <br /> Northwest Quarter of the Northwest <br /> Quarter,Section 23,Township 31 North, <br /> Range 21 West, Washington County, <br /> Minnesota,a cemetery which appears to (A)The newspaper has complied with all of the requirements con <br /> have been first established in approxi- <br /> mately 1883.The burials within the cem- stituting qualification as a legal newspaper, as provided by Minnesota <br /> etery date to the period of about 1883- <br /> 1895.The Cemetery is located north of <br /> 147th Street North and west of Irish Ave- Statute 331A.02, 331A.07 and other applicable laws, as amended. <br /> nue North. <br /> The Cemetery was originally known (B) The printed (u <br /> as the Walker Cemetery. In approxiL. <br /> - <br /> mately 1893, the land upon which the <br /> Cemetery was deeded to the Brisson <br /> family.Accordingly,the Cemetery has <br /> also been known as the Brisson Ceme- <br /> tery. Buried within the Cemetery are <br /> some of the early settlers of the Hugo which is attached was cut from the columns of said newspaper, and <br /> (formerly Oneka Township)area. <br /> On January 9, 1994,the Sunshiners 4- <br /> H Club' (who had been caring for the was printed and published once each week, for successive weeks; it <br /> Cemetery for several years)inquired as <br /> to whether or not the City would be will- Was first published on the day of <br /> ing to assist with maintenance of the <br /> Cemetery. A search of applicable rec- <br /> ordsindicatesthattheregisteredowner 19and was thereafter printed and published each <br /> of the Cemetery is Ms. Eugenia Culp. <br /> Ms.Culp has agreed to donate the Ceme- <br /> to week to and including , the day of <br /> 5d.2.Statutory Authority.The City <br /> Igo,in enacting this Ordinance and <br /> ...obtaining the land upon which said 19 <br /> Cemetery is located,is acting pursuant <br /> etipeit•To atedue 41440)-- - • . <br /> to the authority found in M.S. Section <br /> 306.246. <br /> Subd.3.Standard of Care.The mainte- <br /> nance and improvements envisioned <br /> herein shall be performed in such man- <br /> ner as the City Council,in its sole and TITLE: n+ <br /> absolute discretion,deems advisable. <br /> Subd.4.Cemetery Maintenance.It is <br /> the intent of the City Council that the <br /> Walker Cemetery should be maintained Subscribed and sworn to before me on <br /> in a neat and clean condition according <br /> to the established standard for other his- e <br /> torical cemeteries in determining prop- <br /> er maintenance and upkeep, the City <br /> Ha of - •t , 19 <br /> may consult with interested persons and or path in the Cemetery or in any way in- <br /> groups including the Washington County jure, deface, or destroy any structure, 6 _ � <br /> Historical Society, the Minnesota His- grave,tombstone,grave marker,fence, �� � <br /> torical Society,the Sunshiners 4-H Club, vegetation, or any other thing in the <br /> and the property owners in the area of Cemetery. <br /> the Cemetery.. f. No person may remove any object <br /> The service road leading to the Ceme- from any place in the Cemetery or make Notary Public <br /> tery shall be maintained in such a fash- any excavation without the written Gon- <br /> ion that maintenance vehicles are al- sent of the City Council. r. HOWARD D. LESTRUD <br /> lowed proper access to the site.Finally, g.No person may disturb the quiet of C ` <br /> the City may make all other repairs the Cemetery by noise or improer con- 7''4 ,tom,l �RM PURL IC • MIOUNTY <br /> I <br /> and/or maintenance which are neces- duct of any kind. a WASHINGTON COUNTY <br /> sary and proper to maintain the Ceme- h.No person may discharge any fire- -,v,...,.: <br /> v ,i MY CnMMISION 8XPt S <br /> tery. arm or have possession of any firearm `� <br /> Subd. 5. Improvements. The City's within the CemeteryAPRIL 16. 1995 <br /> employees, agents, representatives or the City <br /> Coun without A 1 <br /> permission of the Council Jest C <br /> independent contractors shall have the i.No person under the age of 18 years rs for comparable space <br /> right to make any improvements as are may be permitted within the Cemetery zteMlifft- <br /> 3 col.inch <br /> necessary to the general upkeep of the unless in the control of an adult. <br /> Cemetery. Said improvements shall j.No person may allow any animal to <br /> first be authorized by the City Council. run at large in the Cemetery. ximum rate allowed by law for the above <br /> Subd.6.Delegation of Responsibility. k. The City reserves the right to re- tter col.inch <br /> The City Council may, from time to move all monuments,markers,flowers, <br /> time, delegate to a private individual, plants, trees,other vegetation, decora- <br /> ition or group (approved by the tions,fences,or other objects without li- :e actually charged for the above matter $ col.inch <br /> he right to undertake the repair, ability to the owner whenever any of <br /> nance and/or improvement work these objects becomes unsafe or un- <br /> envisioned herein. Any individual or sightly. to actually charged for additional <br /> group so authorized,shall,at least annu- subd. 8 Financing. The City Staff is ertions $ col.inch <br /> ally,apprise the City Council of the sta- hereby directed to budget sufficient <br /> tus of the Cemetery.Said annual report funds for the purposes established here- <br /> may be in writing or delivered orally to in.The City Staff is also directed to dis- <br /> the City Council at a City Council meet- burse on an annual basis,or more or less <br /> ing.Said report shall advise the Council often as is required, said earmarked <br /> as to any improvements which need to funds for the purposes described herein. <br /> be made to the Cemetery as well as in- Subd.9.Penalties.Any person violat- <br /> forming the Council as to the general ing any provision of this Ordinance is <br /> m of the Cemetery grounds. guilty of a misdemeanor and shall,upon <br /> --.7c,• 7.General Regulations. the conviction,be punished accordingly. <br /> burials,reinternments,or disin- Subd. 10. Effective Date. This Ordi- <br /> nts present or future shall take nance shall be in full force and effect <br /> t Walker Cemetery without the from and after its passage and publica- <br /> ritten approval of the City Coun- tion according to law. <br /> and <br /> Coun- <br /> , Cemetery will be open to visi- cilP ofs the City adoof Huted go,h the Washington <br /> n dawn to dusk,and at such oth- County,Minnesota,on June 20,1994. <br /> as the Council may establish by CITY OF HUGO: <br /> )n. No person shall be on the /s/Walter L.Stoltzman,Mayor <br /> ry grounds at any other times Walter L.Stoltzman,Mayor <br /> • <br /> with the written permission of ATTEST: <br /> Council. /s/Mary Ann Creager,City Clerk <br /> No <br /> person may enter or leave the Mary Ann Creager,City Clerk <br /> y except at the gates provided. (Published in THE TIMES <br /> No person may use the Cemetery June 30,1999) <br /> or the road leading thereto for <br /> um parking or driving of any motor ve- <br /> hicle. This provision shall not apply to <br /> maintenance vehicles used by City em- <br /> ployees or private individuals or groups <br /> as appointed by the City Council pursu- <br /> ant to Subdivision 6. <br /> e.No person may obstruct any drive <br />