LEGAL NOTICE: annexation of land for the city of Brooten

CITY OF BROOTEN, MINNESOTA, NOTICE OF PUBLIC HEARING

The City of Brooten, Minnesota, will conduct a public hearing on September 27, 2021, beginning at 7:00 PM at the Brooten City Hall, 147 Central Avenue North, P.O. Box 81, Brooten, MN 56316-0081. This hearing will offer Council to hear comments regarding Ordinance No. 1-2021.

ORDINANCE NO. 1-2021: AN ORDINANCE OF THE CITY OF BROOTEN, MINNESOTA ANNEXING

LAND LOCATED IN BANGOR TOWNSHIP, POPE COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.033 SUBDIVISION 2(3), PERMITTING ANNEXATION BY ORDINANCE.

WHEREAS, a petition signed by all the property owners, requesting that property legally described on Ordinance No. 1-2021 Exhibit A be annexed to the City of Brooten, Minnesota, was duly presented to the Council of the City of Brooten on the 12th day of July, 2021; and

WHEREAS, said property is unincorporated and abuts the City of Brooten and is less than 120 acres and is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available; and

WHEREAS, said property is not located within a flood plain or shoreland area; and

WHEREAS, said property is currently bare land and annexation is requested to facilitate the extension of city services for the commercial development of the property; and

WHEREAS, the City of Brooten held a public hearing pursuant to Minnesota Statutes § 414.033 Subd. 2b, on September 27, 2021 following thirty (30) days written notice by certified mail to the Town of Bangor and to all landowners within and contiguous to the area legally described on Ordinance No. 1-2021 Exhibit A, to be annexed; and

WHEREAS, provisions of Minnesota Statutes § 414.033 Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BROOTEN, MINNESOTA HEREBY ORDAINS AS FOLLOWS:

1. The City Council hereby determines that the property as hereinafter described abuts the city limits and is about to become urban or suburban in nature in that commercial use is being proposed for said property the construction of which requires or will need city services, including public wastewater facilities.

2. None of the property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute § 414.0325.

3. The corporate limits of the City of Brooten, Minnesota, are hereby extended to include the following described property, said land abutting the City of Brooten and being 120 acres or less in area, and is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available, and the City having received a petition for annexation from all the property owners of the land, to wit:

The South 497.83 feet, of the East 700.00 feet, of the Northeast Quarter of the Southeast Quarter, of Section 36, Township 124, Range 36, Pope County, Minnesota, as measured and perpendicular to the south and east lines thereof.

The above-described property consists of a total of eight (8) acres, more or less. Copies of the corporate boundary map showing the property to be annexed and its relationship to the corporate boundaries and all appropriate plat maps are attached hereto.

4. That the population of the area legally described on Ordinance No. 1-2021 Exhibit A and hereby annexed is zero (0).

5. The City of Brooten, pursuant to Minnesota Statutes § 414.036, and the township of Bangor, pursuant to Minnesota Statutes § 414.036, agree that with respect to the property taxes payable on the area legally described on Ordinance No. 1-2021 Exhibit A, hereby annexed, shall be payable to the City of Brooten for taxes commencing in the first year that the City can levy the annexed area and no portion thereof shall be payable to Bangor Township. A written agreement to this effect is attached hereto labeled Ordinance No. 1-2021 Exhibit B and incorporated herein by reference.

6. That pursuant to Minnesota Statutes § 414.036 with respect to any special assessments assigned by the Town to the annexed property and any portion of debt incurred by the Town prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the area legally described on Ordinance No. 1-2021 Exhibit A, there are no special assessments or debt incurred by the Township for which reimbursement is required.

7. That the City Clerk of the City of Brooten is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Pope County Auditor, and the Bangor Township Clerk.

8. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings.