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HomeMy WebLinkAbout2010.02.01 ORD 2010-441CITY OF HUGO AND TOWN OF MAY Washington County, Minnesota City of Hugo Ordinance 2010-441 May Township Ordinance 2010-01 AN ORDINANCE DISSOLVING A STORM SEWER IMPROVEMENT TAX DISTRICT WITHIN THE MEANING OF MINN. STAT. SECTION 444.16 ET. SEQ. THE CITY COUNCIL FOR THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AND THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF MAY, WASHINGTON COUNTY, MINNESOTA, HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. This ordinance is adopted to dissolve a storm sewer improvement tax district within the meaning of Minn. Stat. Section 444.16 et. seq., specifically the "Hugo/May Joint Storm Sewer Improvement Tax District No. 1, was created by Ordinances of the City of Hugo (Ordinance 96-309) and Town of May (Ordinance 96-510) on the 8th day of April, 1996, and the same has been recorded in the Office of the Washington County Recorder as Document No. 886380. The governing bodies of the City and the Town have determined that there is no further purpose for this storm sewer improvement tax district and that its purposes can be fulfilled by the governing watershed districts and/or the City and Township individually; and WHEREAS, the continued existence of the District creates separate taxing authorities and can create difficulty in the subdivision or combination of parcels in the area. SECTION 2. Authority. Minn. Stat. Section 444.21 provides that upon the retirement of all obligations issued to finance improvements within the District, the District may be dissolved by following the procedures for establishment of the Districts set forth in Minn. Stat. Section 444.17. No obligations have been issued to finance improvements within the District. SECTION 3. Description of Land. Pursuant to Minn. Stat. Section 444.17 the territory or area included within the Storm Sewer Improvement District is described with particularity on the attached Exhibit A. SECTION 4. Joint Powers Agreement. All associated joint powers agreements are hereby cancelled and terminated by agreement of the parties. SECTION 5. Termination of Storm Sewer Improvement Tag District. The "Hugo/May Joint Sewer Improvement Tax District No. 1" is hereby dissolved and terminated. SECTION 6. Filing. The City Clerk of the City of Hugo and the Town Clerk of the Town of May are hereby directed to file a certified copy of this Ordinance with the County Auditor and separate copy with the County Recorder pursuant to the requirements of Minn. Stat. Section 444.17. Ordinance 2010 - Dissolving Storm Sewer Tax District SECTION 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Whereupon said Ordinance was declared passed and adopted by the City of Hugo, Washington County, Minnesota, this 1 st day of February, 2010, and whereupon this Ordinance was declared passed and adopted by the Town Board of Supervisors of the Town of May, Washington County, Minnesota, this 4th day of February, 2010. Attest: Michele Lindau, City Clerk Attest: LindalKlchn, Town Clerk This instrument was drafted by: David K. Snyder, Esq. Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 (612)439-2878 IP CITY OF HUGO OF MAY Bill Voedisch, Chai AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: ORDINANCE NO. 2010441, MAY TOWNSHIP ORDINANCE NO. 2010-01 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 17th day of March 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkimnopgrstuvwxyz AUTH Z IGNATU Title Publisher /4 iKATIE L. NEUMAN-LINDSTROM Notary Public -Minnesota My Comm. Expires Jen. 31, 2013 MNM�I��M�wNAOI SUBSCRIBED AND SWORN TO BEFORE ME ON THE 20 DAY OF April-, 2010._ NOTARY SIGNATURE: RATE INFORMATION: $9.30/INCH CITY OF HUGO AND TOWN OF MAY WASHINGTON COUNTY, MINNESOTA CITY OF HUGO ORDINANCE 2010-441 MAY TOWNSHIP ORDINANCE 2010-01 AN ORDINANCE DISSOLVING A STORM SEWER IMPROVEMENT TAX DISTRICT WITHIN THE MEANING OF MINN. STAT. SECTION 444.16 ET. SEQ. THE CITY COUNCIL FOR THE CITY OF HUGO, WASHINGTON COUN- TY, MINNESOTA AND THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF MAY, WASHINGTON COUNTY, MINNESOTA, HEREBY OR- DAIN AS FOLLOWS: SECTION 1. Purpose. This ordinance is adopted to dissolve a storm sewer, improvement tax district within the meaning of Minn. Stat. Sec - Kion 444.16 at. seq., specifically the "Hugo/May Joint Storm Sewer Im- provement Tax District No. 1, was created by Ordinances of the City of Hugo (Ordinance 96-309) arid Town of May (Ordinance 96-510) on the 8th day of April, 1996, and the same has been recorded in the Office of the Washington County Recorder as Document No. 886380. The gov- erning bodies of the City and the Town have determined that there is no further purpose for this storm sewer improvement tax district and that its purposes can be fulfilled by the governing watershed districts and/or the City and Township individually; and WHEREAS, the continued existence of the District creates separate tax- ing authorities and can create difficulty in the subdivision or combination of parcels in the area. SECTION 2. Authority. Minn. Stat. Section 444.21 provides that upon the retirement of all obligations issued to finance improvements within the District, the District may be dissolved by following the procedures for establishment of the Districts set forth in Minn. Stat. Section 444.17. No obligations have been issued to finance improvements within the District. SECTION 3. Description of Land. Pursuant to Minn. Stat. Section 444.17 the territory or area included within the Storm Sewer Improve- ment District is described with particularity on the attached Exhibit A. SECTION 4. Joint Powers Agreement. All associated joint powers agreements are hereby cancelled and terminated by agreement of the parties. SECTION 5. Termination of Storm Sewer Improvement Tax District. The "Hugo/May Joint Sewer Improvement Tax District No. 1" is hereby dis- solved and terminated. SECTION 6. Filing. The City Clerk of the City of Hugo and the Town Clerk of the Town of May are hereby directed to file a certified copy of this Ordinance with the County Auditor and separate copy with the County Recorder pursuant to the requirements of Minn. Stat. Section 444.17. SECTION 7. Effective Date, This Ordinance shall be in full force and effect from and after its passage and publication according to law. Whereupon said Ordinance was declared passed and adopted by the City of Hugo, Washington County, Minnesota, this 1 st day of February, 2010, and whereupon this Ordinance was declared passed and adopt- ed by the Town Board of Supervisors of the Town of May, Washington County, Minnesota, this 4th day of February, 2010. CITY OF HUGO Approve: Fran Miron, Mayor Attest: Michele Lindau, City Clerk TOWN OF MAY Approve: Bill Voedisch, Chairperson Attest: Linda Klein, Town Clerk Published one time in The Citizen on March 17, 2010. ECKBER-G�•� DI MMERS i ATTORNEYS AT LAW Writer's Direct Dial: Stillwater Office: (651)351-2131 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 dsnyder@eckberglammers.com Fax(651)439-2923 September 24, 2009 Hudson Office: 2417 Monetary Boulevard Bill Voesdisch Bryan Bear Hudson, Wisconsin 54016 May Township City of Hugo (715) 386-3733 13519 May Avenue North 14669 Fitzgerald Avenue North Fax (651) 439-2923 Stillwater, MN 55082 Hugo, MN 55038 www.eckberglammers.com Re: May, Township-Ordinance Dissolving Storm Sewer Improvement Tax Distric Our File Nos.: 15015-19280 and 12832-19281 Dear Bryan and Bill: As Bryan Bear, Community Development Director for the City of Hugo, has pointed out, recently a builder in the Diamond Point East neighbor in Hugo tried to combine some parcels in order to build one house on them, however the County Auditor determined that the property had different tax codes and thus rejected the combination. Hugo City staff determined that the lots had different tax codes because of a storm sewer improvement taxing district created in 1996. According to Bryan,the staff has made arrangements with Washington County to get the parcels combined nevertheless Hugo City staff discussed with the council whether there was any continuing purpose for the taxing districts. The Hugo City Council is of a mind to dissolve the district since it seems as though it was created to allow taxing authority when the then Brown's Creek Watershed Management organization did not have any,however since that time Brown's Creek has acquired taxing authority. Based on this and based on the fact that no projects are planned for the area,(I am not sure that any ever have been planned at all)the desire,at least from the City of Hugo's standpoint, is to dissolve this district. Accordingly, pursuant to the statute I have prepared an ordinance (draft enclosed) which would effectuate this. Furthermore,the statute indicates that the district should be dissolved in the same way they are created. So the ordinance must: 1) describe with particularity the area to be included in the district;2)the ordinance can only be adopted after a public hearing has been held on the question;3)the notice of the time and place and purpose of the public hearing shall be published for two successive weeks in the official newspaper of the municipality;4)the last notice shall be at least seven days prior to the day of the hearing;and 5)the ordinance when adopted shall be recorded with the county auditor and county recorder. So far it appears that the Hugo City Council is inclined to adopt this ordinance and terminate the district. If Bill Voedisch can advise me as to whether or not he would recommend this to the Town Board then I believe that we can make arrangements to have the public hearings at the first Hugo City Council meeting in November and May Town Board meeting in November. That would give time for the public ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING. PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law Personal Injury/Wrongful Death Estate Planning/ Probate • Real Estate • Land Use Law • Mediation Municipal Law Civil Litigation notices to be completed in accordance with the state statute* are the clerks for the I am copying Li nda Klein and Michelle Lindau on this correspondence since they respective municipalities. for Your information Bill's phone contact me. Bryan, f you have any questions,please do not hesitatePhone number is (651 762-6320. Thank You• If ' number is (651) 433-5976. Bill,Bryan s Sincerel David K. Snyder DKS/nwm Enclosure Clerk of May Township cc: Linda Klein, Michelle Lindau, Clerk of the City of Hugo 2 ECKBERG,&9_a, L A N 4 M ERS TAMMY eANAA ATTORNEYS AT LAW Writer's Direct Dial: Stillwater Office: (651)351-2131 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 dsnyder@eckberglammers.com Fax(651)439-2923 February 19, 2010 Hudson Office: 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715)386-3733 Fax(651)439-2923 Michele Lindau 14669 Fitzgerald Avenue North www.eckberglammers.com Hugo, MN 55038 Re: City of Hugo - Ordinance Dissolving Storm Sewer Improvement Tax Dist. Our File No.: 12832-19281 Dear Michele: Enclosed,please find the original Ordinance Dissolving a Storm Sewer Improvement Tax District with the Meaning of Minn. Stat. § 414.16 et. seq. which has been signed by May Township. Please obtain signatures for the City of Hugo and return a copy to my office. Please feel free to contact me if you have any questions. Thank you. Sincerely /I-- David K. Snyder DKS/mah Enclosure ECKBERG, LAMMERS, BRIGGS, WOLFF F6 VIERLING, PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/Probate • Real Estate • Land Use Law • Mediation Municipal Law Civil Litigation 1 3786051 ,I Receipt#: 128610 II OD $46.00 II II ! II (I Certified Filed and/or recorded on: 4/06/2010 10:27 AM 3786051 Office of the County Recorder Retum to: Property Records&Taxpayer Services CITY OF HUGO Washington County,MN 14669 FITZGERALD AVE N HUGO MN 55038 Kevin J Corhid,Cozmty Recorder ORDINANCE City of Imp 14669 Fitzgerald Avenue North, Hugo, MN 55038 (651)762-6300 www.ci.hugo.mn.us March 31,2010 Washington County Recorders Office P.O. Box 6 Stillwater, MN 55082 I, Michele Lindau, City Clerk for the City of Hugo, hereby certify that the attached copy of the City of Hugo's Ordinance 2010-442 is a true and correct copy. 1 r ................ V( C ,`40ele->=,4 `'ity Clerk -`Stale of-sli, eso"fa- Co unty�£V aslainon` --city of�4ugo CITY OF HUGO Washington County,Minnesota City of Hugo Ordinance 2010-442 AN ORDINANCE DISSOLVING A STORM SEWER IMPROVEMENT TAX DISTRICT WITHIN THE MEANING OF MINN. STAT. SECTION 444.16 ET. SEQ. THE CITY COUNCIL FOR THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. This ordinance is adopted to dissolve a storm sewer improvement tax district within the meaning of Minn. Stat. Section 444.16 et. seq., specifically the "Hugo Storm Sewer Improvement Tax District No. 2" that was created by Ordinances 1998-327 of the City of Hugo on the 5'h day of October, 1998. The governing body of the City has determined that there is no further purpose for this storm sewer improvement tax district and that its purposes can be fulfilled by the governing watershed district and/or the City; and WHEREAS, the continued existence of the District creates separate taxing authorities and can create difficulty in the subdivision or combination of parcels in the area. SECTION 2. Authority. Minn. Stat. Section 444.21 provides that upon the retirement of all obligations issued to finance improvements within the District, the District may be dissolved by following the procedures for establishment of the Districts set forth in Minn. Stat. Section 444.17. No obligations have been issued to finance improvements within the District. SECTION 3. Description of Land. Pursuant to Minn. Stat. Section 444.17 the territory or area included within the Storm Sewer Improvement District is described with particularity on the attached Exhibit A. SECTION 4. Filing. The City Clerk of the City of Hugo is hereby directed to file a certified copy of this Ordinance with the County Auditor and separate copy with the County Recorder pursuant to the requirements of Minn. Stat. Section 444.17. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Ordinance 2010-442 Dissolving Storm Sewer Tax District Whereupon said Ordinance was declared passed and adopted by the City of Hugo, Washington County, Minnesota,this l" day of February, 2010. CITY OF HUGO Jiron, Mayor Attest: Michele Lindau, City Clerk This instrument was drafted by: David K. Snyder,Esq. Eckberg,Lammers, Briggs, Wolff R Vierling,P.L.L.P. 1809 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 2 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd.N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: CITY COUNCIL PUBLIC HEARING(2/1/10)which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday,the 6h day of January 2010; and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledgedas being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz AUTHO Z IGNATU Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE ......nn.�...e..c+�..,.....e..r...w. 20 DAY OF_Apnl 2010 "T"L.NEUlAAN IINDSTROM Notary Public-Minnesota NOTARY SIGNATURE: Sty Comm.Expires Jan.31,2013 - RATE INFORMATION: $9.30/INCH CITY OF HUGO CITY COUNCIL PUBLIC HEARING The Hugo City Council will hold a public hearing on Monday,February 1,2010 at approximately 7:00 p.m.to consider the repeal of a Storm Sewer Improvement Tax District.A complete list of parcels included in this district is available at City Hall.Anyone wishing to comment can be heard at this time. Michele Lindau,City Clerk Published one time in The Citizen on January 6,2010. AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd.N. • Hugo, MN 55038 651-426-6399 STATE OF NIINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: CITY COUNCIL PUBLIC HEARING(2/1/10)which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday,the 20th day of January 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz AUTHO ZE 'IGNATURE: Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE 20 DAY OF_April_,2010 . tt IRKATIE L NEUMAN•LINDSTROL9 NotaryPublic-Minnesotay Comm.Expires Jan.31,2013 NOTARY SIGNATURE: .ft�" � i — L) RATE INFORMATION: $9.30ANCH CITY OF HUGO CITY COUNCIL PUBLIC HEARING The Hugo City Council will hold a public hearing on Monday,February 1,2010 at approximately 7:00 p.m.to consider the repeal of a Storm Sewer Improvement Tax District.A complete list of parcels included in this district is available at City Hall.Anyone wishing to comment can be heard at this time. Michele Lindau,City Clerk Published two times in The Citizen on January 6 and 20,2010. 3786050 Receipt#: 128610 O D $46.00 Certified Filed and/or recorded on: 4/06/2010 10:27 AM 3786050 Office of the County Recorder Retum to: Property Records&Taxpayer Services CITY OF HUGO Washington County,MN 14669 FITZGERALD AVE N HUGO MN 55038 Kevin J Corbid,County Recorder ORDINANCE s ` • City of ugo 14669 Fitzgerald Avenue North, Hugo, MN 55038 (651)762-6300 www.ci.hugo.mn.us March 31,2010 Washington County Recorders Office P.O. Box 6 Stillwater, MN 55082 I, Michele Lindau, City Clerk for the City of Hugo, hereby certify that the attached copy of the City of Hugo's Ordinance 2010-441 is a true and correct copy. Iiahee idau,. iy Clerk le.�fltngita Co�ii l of'Vashington City of Hugo CITY OF HUGO AND TOWN OF MAY Washington County,Minnesota City of Hugo Ordinance 2010-441 May Township Ordinance 2010-01 AN ORDINANCE DISSOLVING A STORM SEWER IMPROVEMENT TAX DISTRICT WITHIN THE MEANING OF MINN. STAT. SECTION 444.16 ET. SEQ. THE CITY COUNCIL FOR THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AND THE TOWN BOARD OF SUPERVISORS.OF THE TOWN OF MAY, WASHINGTON COUNTY, MINNESOTA, HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. This ordinance is adopted to dissolve a storm sewer improvement tax district within the meaning of Minn. Stat. Section 444.16 et. seq., specifically the "Hugo/May Joint Storm Sewer Improvement Tax District No. 1, was created by Ordinances of the City of Hugo (Ordinance 96-309) and Town of May (Ordinance 96-510) on the a day of April, 1996, and the same has been recorded in the Office of the Washington County Recorder as Document No. 886380. The governing bodies of the City and the Town have determined that there is no further purpose for this storm sewer improvement tax district and that its purposes can be fulfilled by the governing watershed districts and/or the City and Township individually; and WHEREAS, the continued existence of the District creates separate taxing authorities and can create difficulty in the subdivision or combination of parcels in the area. SECTION 2. Authority. Minn. Stat. Section 444.21 provides that upon the retirement of all obligations issued to finance improvements within the District, the District may be dissolved by following the procedures for establishment of the Districts set forth in Minn. Stat. Section 444.17. No obligations have been issued to finance improvements within the District. SECTION 3. Description of Land. Pursuant to Minn. Stat. Section 444.17 the territory or area included within the Storm Sewer Improvement District is described with particularity on the attached Exhibit A. SEC .Joint Powers Agreement. All associated joint powers agreements are hereby cancelled and terminated by agreement of the parties. SECTION 5. Termination of Storm Sewer Improvement Tax District. The "Hugo/May Joint Sewer Improvement Tax District No. 1"is hereby dissolved and terminated. SECTION 6. Filing. The City Clerk of the City of Hugo and the Town Clerk of the Town of May are hereby directed to file a certified copy of this Ordinance with the County Auditor and separate copy with the County Recorder pursuant to the requirements of Minn. Stat. Section 444.17 Ordinance 2010- Dissolving Storm Sewer Tax District SECTION 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Whereupon said Ordinance was declared passed and adopted by the City of Hugo, Washington County, Minnesota, this 1 st day of February, 2010, and whereupon this Ordinance was declared passed and adopted by the Town Board of Supervisors of the Town of May,Washington County, Minnesota,this 4�' day of February, 2010 CITY OF HUGO Mayor Attest: � Yyl Michele Lindau, City Clerk TO OF MAY Bill Voedisch, Chairperson Attest: Linda 1 n, Town Clerk This instrument was drafted by: David K.Snyder,Esq. Eckberg,Lammers,Briggs, Wolff&Vierling,P.L.L.P 1809 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 2