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ORD 16-13CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2016-13 AN ORDINANCE ANNEXING LAND LOCATED IN MONTICELLO TOWNSHIP, WRIGHT 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 as; (see Exhibit A) be annexed to the City of Otsego, Minnesota, was duly presented to the City Council on October 10, 2016; and WHEREAS, said property is unincorporated and abuts the City of Otsego on its westerly boundary; is less than 120 acres; is not presently served by public sewer facilities or public sewer facilities are not otherwise available; and WHEREAS, said property is not located within a flood plain or shore land area; and WHEREAS, said property is currently agricultural and annexation is requested to facilitate the future extension of city services for commercial development of the property; and WHEREAS, the City of Otsego held a public hearing pursuant to Minnesota Statutes 414.033, Subd. 2b on November 14, 2016, following thirty (30) days written notice by certified mail to Monticello Township and to all landowners within and contiguous to the area legally described on 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. 1 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the property as hereinafter described abuts the City limits and is or is about to become urban or suburban in nature in that expanded business (commercial agricultural) use is being proposed for said property the construction of which requires or will in the future need City services, including public sewer facilities. The expansion of the business operation is an expansion of an already existing business within the City limits. 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 Otsego, Minnesota are hereby extended to include the following described property (see Exhibit A), said land abutting the City of Otsego and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and the City having received a petition for annexation from all the property of the land to wit (see Exhibit A). 4. The above described property consists of a total 39 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. 5. That the population of the area legally described on Exhibit A and hereby annexed is zero (0) persons. 6. The City of Otsego, pursuant to Minnesota Statutes 414.036, that with respect to the property taxes payable on the area legally described on Exhibit A, hereby annexed, shall make a cash payment to Monticello Township in accordance with the following schedule: Reimbursement of the property taxes to the Township shall be based on the property taxes collected by the Township in the last year it collected taxes on the annexed area ($442.46), in a total amount equivalent to that payable under the former law (2.5 x $442.46= $1,106.15), but adjusted to be paid in equal payment over two years in accordance with the 2006 amendments to Minnesota Statute 414.036. 7. That pursuant to Minnesota Statutes 414.036 with respect to any special assessments assigned by the Township to the annexed property and any portion of debt incurred by the Township 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 Exhibit A there are no special assessments or debt incurred by the Township on the subject area for which reimbursement is required. 2 8. That the City Clerk of the City of Otsego is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit Office of Administrative Hearings, the Minnesota Secretary of State, the Wright County Auditor and the Monticello Township Clerk. 9. The area legally described by Exhibit A shall be zoned A-1, Agriculture Rural Service District upon annexation in accordance with Section -20-50-4 of the Zoning Ordinance. 10. That the Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by the City Council of the City of Otsego this 14th day of November, 2016. MOTION BY Darkenwald SECOND BY: Warehime IN FAVOR: Stockamp, Darkenwald, Warehime, Heidner, Schroeder OPPOSED: None 4 ATTEST: Tami Loff, City Clerk 3 CITY OF OTSEGO BYL Jessic L. Stockamp, Mayor