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McLeod County- Ordinance

McLeod County



WHEREAS, a certain Petition for Annexation dated March 13, 2018 requesting annexation of the territory hereinafter described (the “Petition”) was duly presented to the Council on the March 19, 2018; and
WHEREAS, the land described in the Petition is 5 acres in area, abuts the City of Glencoe’s incorporated area and no part of which is included within the limits of an incorporated city, village or borough; and
WHEREAS, the Petition was signed by all the owners of said lands; and
WHEREAS, any objections to the annexation and any subsequent detachment pursuant to the terms of this Ordinance have been waived by the Helen Township Board, or any other governing body; and
WHEREAS, a hearing is required by law on the proposed annexation and was heard on March 19, 2018; and
WHEREAS, the land described in the Petition abuts upon the City limits at the Easterly boundary thereof.
Section 1: The City Council hereby determines (1) that if the City acquires fee simple title to Property legally described below, annexation of the Property will be in the best interest of the City and the territory affected; (2) the land abuts the municipality and the area to be annexed is 120 acres or less; (3) the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available; and (4) the municipality received a petition for annexation from the property owner of the land.
Section 2: Territory Annexed. Pursuant to Minn. Stat. §414.033, Subd. 2(3), and upon satisfaction of the terms and conditions herein, the corporate limits of the City are hereby extended to include the Property and the same is hereby annexed to and included within the City as effectually as if it had originally been a part thereof contingent upon the City acquiring fee simple title to the following:
See the legal description contained in the boundary survey attached hereto as Exhibit “A” and incorporated by reference. (the “Property”)
Section 3: Filing. Upon the City acquiring fee simple title to the Property, the City Clerk is hereby directed to file certified copies of this Ordinance with the Director of the Office of Strategic and Long Range Planning, the Secretary of State, McLeod County Auditor, Helen Township Clerk and McLeod County Recorder together with a copy of the deed showing that the City has acquired fee simple title to the Property.
Section 4: Detachment of Property. In the event that the Property shall have been finally annexed pursuant to the Petition and the City has not acquired title to the Property prior to September 1, 2018, then, upon submission of a Petition by the Petitioner in accordance with the provisions of Minn. Stat. §414.06, the City of Glencoe agrees to approve and submit to the Chief Administrative Law Judge a resolution of the City of Glencoe for detachment of the Property from the municipality, and in connection with any such hearing thereon, agrees that the Property is not needed for reasonably anticipated future development and that the detachment of the Property would not unreasonably affect the symmetry of the City of Glencoe nor cause any hardship in the City of Glencoe’s ability to carry on the functions of government.
Section 4: Effective Date. This ordinance takes effect upon its passage and publication and the filing of the certified copies as directed in Section 3, and after approval by the Office of Strategic and Long Range Planning. In the event the City shall fail to acquire title to the Property on for before September 1, 2018, this Ordinance shall automatically, and without further action, be rescinded, null, void and of no further force or effect.
Adopted the 16th day of April, 2018.
Randy Wilson
Mark D. Larson
City Administrator
(Published in the McLeod County Chronicle April 25, 2018)