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1973-16Bill No. 1973-16 AN ORDINANCE REPEALING THAT CERTAIN ORDINANCE OF THE CITY OF RICHFIELD ADOPTED BY THE CITY COUNCIL ON FEBRUARY 12, 1973, RELATING TO THE REZONING OF CERTAIN PROPERTY CITY OF RICHFIELD DOES ORDAIN: "Section 1. Purpose and Intent of Ordinance. Subdivision 1. Purpose. The purpose of this ordinance is to repeal the ordinance adopted by this council on February 12, 1973, identified as Bi11 No. 1972-21, amending the ordinance code of the city to change the zoning classification of certain property in the city and hereinafter referred to as the "rezoning ordinance". Subd. 2. Referendum Effect. The rezoning in operation pursuant to a referendum petition, and related orders of the District Court. This to Section 5.11 of the City Charter and in comp District Court of June 22, 1973, providing that or repeal the rezoning ordinance. ordinance has been suspended filed under the city charter, ordinance is enacted pursuant liance with the order of the the city council shall affirm Subd. 3. Council Policy: Prior Resolution. In a resolution duly adopted on February 12, 1973, Council Resolution No. 4907, the city council resolved, based upon representations of the applicant for the said rezoning, that in the event the property designated in the rezoning application and in the rezoning ordinance were not developed for the purposes set forth in the application commencing during the year 1973, the council's intent was and is to take whatever action is necessary and appropriate to rezone the property to its original zoning classification. Subd. 4. Action by Applicant. The applicant for the said rezoning has not commenced development of the property in question for the purposes so stated in its application, and has indicated to the council that it has no present in- tention of so developing the property during 1973. Subd. 5. Council Intent. Because of the facts set forth in Subdivisions 1 through 4, the council hereby finds and determines that the public health, safety, good order and convenience, and the general welfare of the citizens of Richfield would be best served by reinstating the original zoning classification of pro- perty described in the rezoning ordinance. Section 2. Repeal. That certain ordinance of the City of Richfield duly adopted on February 12, 1973, d esignated as Bi11 No. 1972-21, and entitled "Amend- ment to Appendix C, Sections 3 and 4, of the Ordinance Code of the City of Richfield, Minnesota, is repealed." ~,~ ~.~ ~ Passed by the City Council this 9th day of Ju~, ~'73. >>~T.,or n L. Law ~ '~ r` Mayor Attest: ~/~ __ Thomas J. Mor~~n City Clerk Nl~! ,SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD SUN 6601 W. 78th St. State of Minnesota l County of Hennepin j SS. g'9~V 0~ ~iC~1~1B~S~ Bloomington, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Richfield Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has SO% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not 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 o! 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 twat-office. (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business ours for the gathering of news, sale of advertisements and sale of subscriptions and main- ined by the managing officer or persons in its employ and subject to his direction and con- ol during all such regular business hours and devoted exclusively during such regular usiness hours to the business of the newspaper and business related thereto. (8) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1988 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. He further states on oath that the printed Ordinance - Bi11 No. 1973-36 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OY3e successive weeks; that it was first so published o~ Z'T1Ur'S the ~"~ day of eTLl~-y 19?3 and was thereafter printed and published on every 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: abcdefghij klmnopgrstuvwxyz abcdefgh i j klm nopgrstuvwxyz Subscribed and sworn to before me this 12 day of July- 19~ (Nota~,ial Seal) r7 -s.~ ___ ~t G. M. Vest, Notary Public, Hennepin County, Minn. y Commission Expires April 18th, 1979. IOIlicial Pabliyattionl '; - i01t1 No.1113-16 AN ORIl~1VANCE s THAT CERTAIN ORDIN - CITY OF RICHFIELD AbOPTLD'BY THE CITY COUNCIL ON FEBRUARY I5, 1f73, RELATING TO THE REZONING OF CERTAIN PROPERTY CITY OF RICHFIELD DOES ORDAIN "Section 1. Porpose and Intent of Ordi- aaace. Subdivision 1. Parpoae. The pur- pose of this ordinance is to reQeal the or- dinanceadopted by this council on Febru- ary 15, 1973, identi[ied as Bill No. 1972.21, amending the ordinance code o[ the city to change the zoning classification of a certain property in the city and hereinaf- ter referred to as the 'rezoning ordi- nance." Subd. 2. Refereadam EffeM. The re- zoning ordinance has been suspended in operation pursuant to a reterendum peti- tion, tiled under the city charter, and re- lated orders of the District Court. This ordinance is enacted pursuant to Section 5.11 of the city cbarter and in comphance with the order o[ the District Court o[ June 22, 1973, providing that the city coun- cil shall aftirm or repeal the rezoning or- dinance. Subd. 3. Comcil Policy: Prior Resolu- tioa.In aresolution duly adopted on Feb- ruary 15, 1973, Council Resolution No. 4907, the city council resolved, based upon representations of the applicant for the said rezoning, that in the event the prop- erty designated in the rezoning applica- tion and in the rezoning ordinance were not developed for the purposes set forth in the application commencing duri0g the year 1973, Ne council's intent was and is to take whatever action is necessary and appropriate to rezone the property to its original zoning classification. Subd. 4. Action Dy Applicant. The ap- plicantfor the said rezoning has not commenced development o[ the property in question for the purposes so stated in its application, and has indicated to the council thatit has no present intention of so developing the property during 1973. Subd. 5. Cauocil toteot. Because of the facts set forth in Subdivisions 1 through 4, the council hereby finds and determines that the public health,. safety, good order and convenience, and the generalwelfare of the citizens of Rich[ield would be best served by reinstating the original zoning classification of property descnbed in the rezoning ordinance. Section 2. Repeal. That certain ordi- nance of the City of Rich[ield duly adopt- ed on February 15, 1973, designated as Bill No. 1972-21, and emitted "Amend- ment to Appendix C, Sectyms-3 and 4, of the Ordinance Cade of the City of Rich- [ie1d,Minaesofa,"is repealed."- Passed~by the City Council this 9th day o[ July,1973. . BY ORDER OF THE COUNCIL. Dated: July 9, 1973 LOREN W. LAW Mayor THOMAS J.MORAN -rv.• w....._o aseud ae r.« .,0.""7~+-RIB--.,..,., ^-