1995-057
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 95-57
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY
INTERESTS OF ARTHUR B. JOHNSON HELD WITHIN
THE LANDFILL GAS CONTROL DISTRICT
WHEREAS, the City Council of the City of Hopkins does hereby
"determine that it is necessary for the public use and purpose to
acquire the property interests of Arthur B. Johnson identified and
included in the Landfill Gas Control District, as described in
Hopkins City Ordinance No. 93-735;
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WHEREAS, under the Closure Order for the former 7th Street
Landfill dated June 13, 1988 executed by the Minnesota Pollution
Control Agency ("MPCA") and the City, as interpreted by the MPCA,
the City is obliged to prohibit or regulate the use or occupancy of
real property now within the Landfill Gas Control District;
WHEREAS, the MPCA has interpreted these requirements so as to
require the acquisition at the land presently owned by Arthur B.
presently within the Landfill Gas Control District, and has
required that the acquisition take place by December 31, 1995; and
WHEREAS, the City additionally finds that the acquisition of
referenced property is required for health and safety reasons;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hopkins:
1. That the City Attorney is authorized to commence eminent
domain proceedings pursuant to Minnesota Statute Chapter 117 and
City Ordinance No. 93-335 to acquire' the property interests
necessary to comply with the June 13, 1988 Closure Order, in
particular the property interests of Arthur B. Johnson held within
the Landfill Gas Control District.
2. That the City Attorney is authorized to acquire these
property interests pursuant to the II quick take II provisions of
~ Minnesota Statute Section 117.042.
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3. That the Mayor and the City Clerk/Manager are authorized
to execute all documents necessary, in the opinion of the City
Attorney, to effect the acquisition of necessary property
interests.
Adopted by the City Council in and for the City of Hopkins,
Minnesota, on the 18 day of July , 1995.
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Charles D. Re~pennin~
Chairman
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