86-7143R19
RESOLUTION N0. 7143
A RESOLUTION RESCINDING
AND REPEALING "AMENDMENT
TO APPENDIX C OF THE
-0RDINANCE CODE OF THE.
CITY OF RICHFIELD" ADOPTED
OCTOBER 28, 1985.
WHEREAS, on October 28, 1985, the
of Richfield adopted an-ordinance
"Bill No. 1985-27" and entitled "
the Ordinance Code of the City of
nance") , and
city council of the City
bearing the designation
Amendment to Appendix C of
Richfield" (the "Ordi-
WHEREAS, the publication of the Ordinance was withheld by
action of the city council .pending completion of environ-
mental procedures relating to a development proposed by CDR
Investments of Minnesota, Inc. ("CDR") on the property which
was the subject of the Ordinance, and'
WHEREAS, an action has been instituted against the City of
Richfield in the case of Sorum v. City of Richfield in
District Court of Hennepin County challenging the validity
of the Ordinance because of procedures followed by the city
in the adoption of the Ordinance, and
WHEREAS, such litigation has resulted in a temporary injunc-
tion restraining the city from proceeding to publish the
Ordinance and from certain other actions until new notices
have been given and new hearings have been held, and
WHEREAS, the Ordinance has also been challenged by the
filing of a referendum petition under the provisions of City
Charter Section 5.11, requesting that the Ordinance be
repealed or submitted to a referendum of the voters of the
city, and
WHEREAS, CDR has requested that the Ordinance be repealed,
without prejudice to its right to pursue its rezoning peti-
tion at a later time, to permit CDR to work with residents
of the city in an effort to develop its project in a way
which will receive general acceptance within the community,
NOW, THEREFORE, BE IT RESOLVED by the city council of the
City of Richfield as follows: .
1. The action of the city council taken on October 28,
1985, adopting the Ordinance, is hereby rescinded.
2. The following Qrdinance is hereby adopted:
AN ORDINANCE REPEALING
"AMENDMENT TO APPENDIX C
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD"
ADOPTED OCTOBER 28, 1985.
WHEREAS, on October',28, 1985, the city council of
the City of Richfield adopted an ordinance designated
as "Bill No. 1985-27~," entitled "Amendment to Appendix
C of the Ordinance Code of the City of Richfield"
(the "Ordinance") , a,nd
WHEREAS, the Ordinan~,ce has never been published, and
WHEREAS, the validif~,y of the Ordinance is being chal-
lenged through litigation, and
WHEREAS, the Ordinance has been challenged through
the filing of a referendum petition calling for its
repeal,
NOW, THEREFORE,
CITY OF RICHFIELD DOES ORDAIN:
The Ordinance, to whatever extent. it may have legal
force and validity, is hereby repealed..
Passed by the city council of the City of Richfield
this 10th day'', of February , o Q~
ATTEST:
City Clerk ',