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.
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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.
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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
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ATTEST:
Tami Loff, City Clerk
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CITY OF OTSEGO
BYL
Jessic L. Stockamp, Mayor