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2005-074 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2005-74 A RESOLUTION APPROVING THE PREAMBLE TO PROPOSED ORDINANCE NO. 2005-954 DECLARING THE EXISTENCE OF AN EMERGENCY DUE TO THE LACK OF AN ORDINANCE REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS IN THE CITY OF HOPKINS. WHEREAS, the City Council previously has adopted ordinances regulating the construction, installation and maintenance of signs located in both commercial and residential areas of Hopkins (the "Sign Ordinances"), and; WHEREAS, a lawsuit has been filed against the City of Hopkins (Advanta2e Media. L.L.C.. et at v. City of BODkins. U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit") challenging the constitutionality of the Sign Ordinances and, on July 29,2005, U.S. District Court Judge Michael Davis issued a preliminary injunction in the Lawsuit preventing Hopkins from enforcing the Ordinances while the injunction is in place, and; . WHEREAS, as a result of the injunction, Hopkins is without any regulation regarding the size and location of signs, the number of signs that might be permitted on a property and the types of materials from which signs can be constructed, and; WHEREAS, Section 3.03 Subd. 4 ofthe Hopkins Charter authorizes the City Council to adopt an "emergency ordinance" when the City Council finds that an emergency exists that requires adoption of an ordinance on an expedited basis, and: WHEREAS, Minnesota Statutes, Section 462.355, Subd. 4 authorizes the City of Hopkins to adopt an 'interim ordinance" that imposes a moratorium on building and/or other activity in the city while the city considers modifications to its comprehensive plan or official controls, and; WHEREAS, the City Council finds that it is necessary and proper to impose immediately an interim ordinance to regulate signs in the City of Hopkins while a new, permanent sign ordinance is considered and approved, and; WHEREAS, the City Council has reviewed proposed Ordinance No. 2005-954, an emergency interim ordinance regulating signs in the City of Hopkins, and the City Council hereby adopts and approves the preamble in Section 1 of the proposed interim ordinance which declares that the lack of a current sign ordinance constitutes an emergency. NOW, THEREFORE, the City Council hereby resolves that the lack of an ordinance regulating signs in the City of Hopkins constitutes an emergency and adopts and approves the preamble in Section I of the proposed interim ordinance and declares that the lack of a current sign ordinance constitutes an emergency. August 3,2005 \ APPROVED AS TO FORM AND LEGALITY: August 3. 2005 Date