79-005 ORD
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ORDINANCE NO. 79-5
AN ORDINANCE REQUIRING DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR PUBLIC PURPOSES.
The City Council of the City of Elk River does ordain as follows:
Section 1.
It is hereby found and declared that, as a general rule, it is rea-
sonable to require, in every plat, rep1at, or subdivision of land to
be developed for residential, commercial, industrial, or other uses,
or as a planned development which includes residential, commercial
and industrial uses, an amount of land equal in value to ten percent
of the undeveloped land proposed to be subdivided, be set aside and
dedicated by the tract owner or owners to the general public as open
space for parks, p1aygounds, public open space, or storm water holding
areas or ponds. As an alternative, at the option of the City, the tract
owner or owners shall contribute to the City an amount of cash equal to
the fair market value of the undeveloped land otherwise required to be
so set aside and dedicated, or set aside and dedicate a part of such
land and contribute the balance of such undeveloped land value in cash.
Any monies so paid to the City shall be placed in a special fund and
used only for the acquisition of land for parks, playgrounds, public
open space, and storm water holding areas or ponds, development of
existing parks and p1ayground,s:i.tes, public open space, and storm water
holding areas or ponds and debt retirement in connection with land
previously acquired for such public purposes. For purposes of this
ordinance, "fair market value of the undeveloped land" is defined
as the fair market value of the land within such plat, rep1at, or
subdivision is presented to the City Council for final approval, as
determined by the City Assessor in the same manner as he determines
the fair market value of land for tax purposes.
Section 2. This ordinance shall apply to all plats, rep1ats or subdivisions of land
otherwise within its terms which have not received final plat approval
from the City Council as of the effective date of this ordinance.
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Section 3. This ordinance shall be in full force and effect upon its passage and
publication and, when effective, shall be filed with the office of the
Register of Deeds, Sherburne County, Minnesota~
Passed and adopted this I'~ay of hr;~ (
ATTEST;
, 1979.
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F'r - a sen, lla;yor
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Robert C. Middaugh, City 'nistrator
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PUBLIC NOTICE
AFFIDAVIT OF PUBLICATION
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State of Minnesota
County of Sherburne
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Charles F. Dare, being duly sworn on oath says he is and durlnq all the times
herein stated has been the publisher and printer of the newspaper known as
Sherburne County Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the Engll~h language In newspaper
format and in column and sheet form equivalent In printed space to at least .,00
square inches, (2) Said newspaper is a weekly and is distributed at least once
eiilch week, (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and d~s not wholly
duplicate any other publl~ation aAd is net made up entirely of patents. plate
matter and advertisements. '(4) Said newspaper is circulated in and near the
municipality which it purports to serve, has at least 500 copies regularly
delivered to paying subscribers, has an average of at least 75,*! of its total
circulation currently paid or no more than three months in arrears and has entry
as second'class matter in its local post,office. (5) Said newspaper purports to
serve the City of Elk River in the County of Sherburne and it has its know., office
of issue in the City of Elk River in said county, established and open during its
regUlar business hours for the gathering of news, sale of advertisements and sale
of subscriptions and maintained by the publisher llf said newspaper or persons in
his employ and subject to his direction and control during all such regular
business hours and devoted exclusively durll1g such regular business hours to the
business of the newspaper and business related thereto. (c!l) Said newspaper flies
a copy of each issue immediately w~th the State Historical, SOciety. (7) Said
newsPaper is made available at single or subscription prices to any person.
corporation, partnership or other unincorporated association requesting tile
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (9) Said newspaper has flied with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an,
affidavit in the form, prescribed by the Secretary of State and signed by the
publiSher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper. I
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He further states on oath that the printed
hereto attached as part hereof was cut from the columns of si!lid newsPaper,
and was printed and published therein In the EngliSh language. once each week
for --L- successive weeks; that it was first so publiShed on
3rz9
day of
Thursday,
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and was thereafter
printed and published every Thursday to and inclUding the
day of 19 and that the following Is a
printed copy of the lower case alphabet from A to Z. both inclusive, and Is hereby
acknowledged as' being the size and kind of type used in the composition and
publication of said notice, to wit: '
abcdefghi i kl mnopqrstuvwxyz
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(.."..6.~ .,eublisher
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Subscribed and sworn to before me this
day of
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Notar
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My Commission Expires Mar. 31, 1982 ~
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