Henrietta Annexation

OA-1288 Park Rapids/Henrietta Township Joint Agreement

 

 

CITY OF PARK RAPIDS RESOLUTION NO. 2012-21

 

ANNEXATION RESOLUTION OF THE CITY OF PARK RAPIDS

IN ACCORDANCE WITH THE ABOVE-REFERENCED JOINT AGREEMENT BETWEEN THE CITY OF PARK RAPIDS AND HENRIETTA TOWNSHIP, DATED 07/27/06, AND AS AMENDED 06/14/07 AND 08/23/11, DESIGNATING CERTAIN PROPERTY, THE AMENDED PHASE III AREA, LOCATED IN THE ORDERLY ANNEXATION AREA (OAA) OF HENRIETTA TOWNSHIP, AS IN NEED OF IMMEDIATE ORDERLY ANNEXATION PURSUANT TO MINNESOTA

STATUTES, SECTION 414.0325

 

            WHEREAS, the City of Park Rapids (hereinafter the “City”) and Henrietta Township (hereinafter the “Township”) entered into a Joint Resolution for Orderly Annexation, dated July 27, 2006, describing the procedures and process for immediate and future orderly annexations of certain designated areas of the Township, referred to as the “Orderly Annexation Area” (OAA), for the purpose of orderly, planned growth and annexation, pursuant to Minnesota Statutes, Section 414.0325; and

 

            WHEREAS, the above-referenced Joint Resolution for Orderly Annexation between the City and Township, dated July 27, 2006, and amendments thereto, dated June 14, 2007 and August 23, 2011, respectively, have been previously filed with the Office of Administrative Hearings Municipal Boundary Adjustments Unit (OAH-MBAU) and are referenced as Office of Administrative Hearings File No. OA-1288 Park Rapids/Henrietta Township Joint Agreement (hereinafter collectively referred to as the “Joint Agreement”); and

 

            WHEREAS, the above-referenced Joint Agreement and the two amendments thereto are attached hereto as Appendix C; and

 

            WHEREAS, the above-referenced Joint Agreement, as amended, provide that the land within the Phase III area of the OAA designated therein and as amended by the Second Amendment to the Joint Agreement, dated August 23, 2011 (hereinafter the “Second Amendment”), may be annexed by the City at any time after January 1, 2012 during the term of the Joint Agreement (See Appendix C, Joint Agreement at Paragraphs 2 and 4); and

 

            WHEREAS, in accordance with Paragraph 4 of the Joint Agreement, and as of the date of this resolution, it is now past January 1, 2012 thereby meeting the stated triggering event for annexation by the City of the Phase III area, as amended by the Second Amendment, and designated and legally described in the Joint Agreement and Second Amendment thereto (See Appendix C at Paragraphs 2 and 4 and Exhibits (Exh.) A and B, as amended by the Second Amendment at Exh. A), which area shall be hereinafter referred to as the “Phase III Property”; and

 

 

            WHEREAS, the Phase III Property, as amended by the Second Amendment at Exh. A, excludes a portion of the originally designated Phase III Property in the Joint Agreement from annexation with the Phase III Property and instead includes the same area for annexation with the Phase IV Property as provided in the Joint Agreement; and

 

WHEREAS, the Phase III Property, as amended be the Second Amendment to the Joint Agreement, is hereby designated for immediate orderly annexation and is located within the OAA described in the Joint Agreement as amended by the Second Amendment thereto (Appendix C, Joint Agreement at Paragraph 2 and Exh. A and Second Amendment at Exh. A); and

           

            WHEREAS, the City has the capacity to provide municipal services to the Phase III Property designated herein for orderly annexation following annexation thereof; and

 

WHEREAS, annexation of the Phase III Property, designated and legally described herein for immediate orderly annexation is in the best interests of the City and property owners, and would benefit the public health, safety and welfare of the community; and

 

WHEREAS, having met all of the stated conditions for orderly annexation of the Phase III Property as provided in the Joint Agreement (Appendix C), the City may now adopt, execute and file this annexation resolution providing for the immediate annexation of the Phase III Property as legally described and depicted herein as amended by the Second Amendment to the Joint Agreement (See Appendix C, Joint Agreement at Paragraphs 2 and 4 and Exh. A and Second Amendment at Exh. A); and

 

            WHEREAS, in accordance with Paragraphs 2 and 4 of the Joint Agreement and the Second Amendment thereto, Appendix C, and Minnesota Statutes, section 414.0325, annexation of the Phase III Property does not require a hearing or any consideration by the Office of Administrative Hearings (OAH), and the OAH may review and comment thereon, but shall order annexation of the Phase III Property within 30 days of receipt of this annexation resolution.

 

            NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Park Rapids, Hubbard County, Minnesota, as follows:

 

  1. This resolution hereby constitutes and shall be referred to as the “Annexation Resolution” as provided in Paragraph 4 of the Joint Agreement.  See Appendix C.

 

  1. As of the date of this Annexation Resolution, the calendar date is now after January 1, 2012, and the City may hereby annex the Phase III Property, as provided in Appendix C at Paragraph 4 and as legally described and depicted in the Joint Agreement, as amended by the Second Amendment to the Joint Agreement.  See Appendix C, Joint Agreement at Paragraphs 2 and 4 and Exhs. A and B and Second Amendment thereto at Exh. A.

 

  1. The Phase III Property is located within the designated OAA legally described in the Joint Agreement and Second Amendment thereto, and the City has met all of the stated conditions for the immediate annexation thereof contained in the Joint Agreement and Second Amendment thereto.  See Appendix C Joint Agreement at Paragraphs 2 and 4, and Exhs. A and B and Second Amendment thereto at Exh. A.

 

  1. This Annexation Resolution hereby designates for immediate annexation by the City, the Phase III Property, as amended by the Second Amendment, which is legally described in Appendix A, attached hereto and incorporated herein by reference.

 

  1. A boundary map showing the Phase III Property designated herein for immediate orderly annexation, legally described in Appendix A, is attached hereto and incorporated herein by reference as Appendix B

 

  1. The Phase III Property legally described in Appendix A hereto and designated as in need of immediate orderly annexation is approximately 207.39 acres.

 

  1. The population of the Phase III Property legally described in Appendix A and designated as in need of immediate orderly annexation is approximately 105.

 

  1. In accordance with Paragraph 4 of the Joint Agreement, Appendix C, the Office of Administrative Hearings may review and comment on this Annexation Resolution, but shall within thirty (30) days of receipt of this Annexation Resolution and a copy of the above-referenced Joint Agreement and amendments thereto (attached as Appendix C), order the annexation of the Phase III Property designated in this Annexation Resolution and legally described in Appendix A in accordance with the terms and conditions of the above-referenced Joint Agreement and amendments thereto.  No alteration of the stated boundaries as described in this Annexation Resolution is appropriate, no consideration by the OAH is necessary, and all terms and conditions for annexation of the Phase III Property have been met and are contained in the Joint Agreement and amendments thereto, Appendix C.

 

  1. Upon the annexation of the Phase III Property designated herein for immediate orderly annexation and legally described in Appendix A and depicted in Appendix B, the City shall reimburse the Township for the loss of taxes from the property so annexed in accordance with Paragraph 6 of the Joint Agreement, Appendix C.  All conditions for tax reimbursement or any other reimbursement arrangement as provided in Minnesota Statutes, section 414.036 are contained in the Joint Agreement.  See Appendix C at Paragraphs 6 ands 7.

 

  1. This Annexation Resolution is not subject to the notice and publication requirements of Minnesota Statutes, sections 414.0325, subd. 1b, as the Joint Agreement, Appendix C, previously designated the OAA and the subject area annexed by this Annexation Resolution, and the Joint Agreement was filed with OAH prior to the effective date of Minnesota Statutes, sections 414.0325, subd. 1b and cannot be applied retroactively hereto.  Further, section 414.0325, subd. 1b, even if it could be construed to apply to the Joint Agreement, which is cannot, remains inoperative as it can only apply to the initial designation to include property in an orderly annexation area, which occurred July 27,

 

2006, and not to any subsequent annexation of property from within the designated area, which is the case here.  See Appendix C.

 

  1. Following annexation of the Phase III Property designated herein for orderly annexation, the City shall be responsible for providing municipal governmental services to the annexed area in accordance with Paragraph 8 of the Joint Agreement.  See Appendix C at Paragraph 8.

 

  1. This Annexation Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota and the above-referenced Joint Agreement and amendments thereto.  See Appendix C.

 

  1. Upon adoption and execution of this Annexation Resolution by the City, the City shall file the same with the Township and the OAH-MBAU along with the required filing fee.

 

  1. In the event there are errors, omissions or any other problems with the legal descriptions or mapping provided in Appendix A or Appendix B of this Annexation Resolution, in the judgment of the OAH-MBAU, the City shall make such corrections and file such additional documentation, including a new Appendix A or Appendix B, making the corrections requested or required by the Office of Administrative Hearings as necessary to make effective the annexation of said subject area in accordance with the Joint Agreement as amended, Appendix C, and this Annexation Resolution.

 

Passed, adopted, and approved by the City Council of the City of Park Rapids, Hubbard County, Minnesota, this 10th day of  January 2012.

 

                                                                 

                                                                  CITY OF PARK RAPIDS

 

 

                                                                  By: ________________________________

                                                                         Nancy J. Carroll, Mayor

 

                                                                        ATTEST:

 

 

                                                                        By:                                                                 

                                                                                Margie M. Vik, City Clerk


APPENDIX A

 

The Phase III Property designated for immediate orderly annexation in this Annexation Resolution and in the Joint Agreement, and excluding the portion of the area designated, described and depicted in the Second Amendment thereto (See also Appendix C Joint Agreement at Exh. A and Second Amendment to Joint Agreement at Exh. A) and shown on Appendix B (See also Appendix C Joint Agreement at Exh. A and Second Amendment to Joint Agreement at Exh. A) is legally described as follows:

 

Phase III  

(2012)       

 

The North Half of the Northeast Quarter of the Southeast Quarter (N ½ NE ¼ SE ¼ ) of Section Nineteen (19), Township One Hundred Forty (140), Range Thirty-four (34).

 

AND

 

The North Half of the Northwest Quarter (N ½ NW ¼ ) of Section Thirty, Township One Hundred Forty (140), Range Thirty-four (34) (including the Plat of Green Acres, but not excepting those parcels previously annexed),

 

AND

 

The North Half of the Northeast Quarter (N ½ NE ¼ ) of Section Thirty, Township One Hundred Forty (140), Range Thirty-four (34).
APPENDIX B

 

The boundary map referenced in this Annexation Resolution showing the Phase III Property, as amended by the Second Amendment to the Joint Agreement, designated for immediate orderly annexation and legally described in Appendix A, is attached hereto.  (See also Appendix C Joint Agreement at Exh. B and Second Amendment to Joint Agreement at Exh. A).


APPENDIX C

 

The Joint Agreement (Joint Resolution for Orderly Annexation between the City and Township, dated July 27, 2006, and amendments thereto, dated June 14, 2007 and August 23, 2011, respectively) providing for this Annexation Resolution and designating the Phase III Property as amended by the Second Amendment to the Joint Agreement for orderly annexation is attached hereto.