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HomeMy WebLinkAbout1041 - ADMIN Ordinance - City Council - 1968/09/09e 4 Origin41 7C ORDINANCE NO. 1041 AN ORDINANCE AUTHORIZING SALE BY THE CITY OF THE LIBRARY PROPERTY LOCATED AT THE SOUTH- EASTERLY OF THE INTERSECTION GF GORHAM AND LOUISIANA TO THE COUNTY OF HENNEPIN THE CITY OF ST. LOUIS PARI( DOES ORDAIN: Section 1. It is hereby determined that the following described lands in the City of St. Louis Park, County of Hennepin, Minnesota: Those parts of Lots 1 through 36, both inclusive lying northeasterly of the northeasterly boundary of Gorham Avenue, Block 266, Rearrangement of St. Louis Park, according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota, title to which is now in the City of St. Louis Park, is no longer needed for the public purposes for which it was acquired and it is in the best interests of the City that same be sold. Section 2. It is hereby determined that the County of Hennepin has made a bonafide request to add this library to the County library system paying therefore the amount of its cost of the city, as provided by law. Section 3. It is hereby determined that the cost of said property is: Cost of Construction of Library Building $287,405.17 Less Federal Aid for Library purposes 97, 000.00 Cost of Land, received by donation None Offer by Hennepin County $190,405.17 Section 4. The Mayor and City Manager are hereby authorized to ,execute and deliver the following contract: AGREEMENT WHEREAS, The County of Hennepin now operates a branch of the County Library System in the City of St. Louis Park, and WHEREAS, it is the desire of both the County of Hennepin and the City of St. Louis Park for the County to acquire the land and the building housing such branch of the Hennepin County Library System, and WHEREAS, pursuant to the provisions of Chapter 24, Extra Session Laws of Minnesota 1967, Subdivision 2, the County Board of Hennepin County is authorized to levy a tax annually for the purpose of acquisition, betterment and construction of a county library building and premises thereof, and • • . WHEREAS, it is the desire of the County of Hennepin and the City of St. Louis Park for the County to purchase the ground and buildings now housing the branch of the Hennepin County Library System in the City of St. Louis Park described as: Those parts of Lots 1 through 36, both inclusive, lying northeasterly of the northeasterly boundary of Gorham Avenue, Block 266, Rearrangement of St. Louis Park, according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minne s ota, NOW THEREFORE, IT IS MUTUALLY AGREED, By and between the parties herein as follows: That the County agrees to purchase, and the City agrees to convey to the County by Quit Claim Deed, together with an Abstract or Certificate of Title for the above described premises for the total sum of One Hundred Ninety Thousand, Four Hundred Five Dollars and Seventeen Cents ($190,405.17). That the payment of the above sum for the purchase of the land and building shall be made as follows: Ninety Eight Thousand Dollars ($98,000.00) as an initial payment on this Agreement, due and payable on the date of the execution of this Agreement. The unpaid balance of the purchase price shall be divided into not to exceed fifteen (15) equal annual payments due and payable on the first business day of January of each of said years, beginning January 1, 1969, from sums which the County hereby agrees shall be levied by the County annually, pursuant to the provisions of Chapter 24, Extra Session Laws of Minnesota 1967, Section 2. The unpaid balance of the purchase price shall bear interest at the rate of 5% per year and shall be due and payable with the annual installments. IT IS FURTHER AGREED, By and between the parties hereto, that the County shall have the right to accelerate payment of all or any part of the unpaid balance without penalty, such accelerated payment plus accumulated interest, and the date of payment shall be on any anniversary payment date. IT IS FURTHER AGREED, By and between the parties hereto, that if for any reason the County of Hennepin fails to make a levy of necessary taxes or fails to make any agreed payment, or if it fails or is prevented by law from legally continuing the operation of a County Library System, the City of St. Louis Park shall have the right to re -purchase the above described property from the County, and the County agrees to convey for a sum not to exceed the original cost or portion thereof paid to the City by the County, together with the cost of any permanent improvements made thereon by the County of Hennepin, at a cost not to exceed the original cost of such permanent improvements made by the County of Hennepin. -2- Q Reviewed for administration: CT/A.9 City Manager Approved as to form and legality: and CITY OF ST. LOUIS PARK,,' City Attorney Accounting records posted: Alet4i C.:L-449—ot) Director of Finan e ay or Acting City Manager Resolution Authorizing COUNTY OF HENNEPIN No. By Chairman of its County Board Date; ATTEST: RECOMMENDED FOR APPROVAL: County Auditor County Administrator Approved as to form: City Attorney Director of Public Works Section 5. The Mayor and City Manager are hereby authorized in behalf of the City to execute a Quit Claim deed for the sale and conveyance of said premises to the County of Hennepin upon payment of the sum of One Hundred Ninety Thousand, Four Hundred Five Dollars and Seventeen Cents ($190,405. 17) in accordance with the Agreement set forth in Section 4 of this ordinance. Section 6. It is further determined that no indebtedness has been incurred by the City for the sum of money mentioned in Section 3 and the purchase price above mentioned shall be returned to the General Fund of the City. -3- Section 7. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council September 9, 1968. Attest: „IA rza.,L6-z) ity Clerk Reviewed frcr- administration: Approved as to form and legality: ,, yJ f 1/7.-) /41 Acting City Manager City Attorney -4- • 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LouIsPtiKSuN State of Minnesota t County of Hennepin SS. Bloomington, Minnesota W JOHN BERTRAM, being duly sworn, on oath says he is and during all tames here stated has been the vice president and printer of the newspaper known as The St Louis Park 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 50% 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 of 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 post -office. (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of in the City of Bloomington in said county, established and open during its regular business urs for the gathering of news, sale of advertisements and sale of subscriptions and main- Iue ned by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) 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, 1966 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 Nu. 1041 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 1 successive weeks; that it was first so published on • hurs • the 12 day of Sept. and was thereafter printed and published on every Thurs. 19 68 to and including Thursme 12 day of Bept.19 68and 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: abcdefghi jklmnopgrstuvwxyz Subscribed and sworn to before me this day of 19 (Notarial Seal) `arbara Samuelson, Notary Public, ' amsey County, Minn. My Commission Expires November 8, 1971 { (Official Poblication) SEPTEMBER 9, 1968 7C ORDANCE NO. 1041 AN ORDNANCE AUTHORIZING SALE BY THE CITY OF THE LIBRARY PROPERTY LOCATED AT THE SOUTHEASTERLY OF THE INTERSECTION OF GOR - HAM AND LOUISIANA TO THE COUNTY OF HENNEPIN THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 It is hereby deter- mined that the following described lands in the City, of St Louis Park, County of Hennepin, Minne- sota Those parts of Lots 1 through 36, both inclusive lying north- easterly of the northeasterly boundary of Gorham Avenue, Block 266, Rearrangement of St Louis Park, according to the plat thereof on file and of record in the office of the Reg- ister of Deeds of Hennepin County, Minnesota, title to which is Slow in the City of St Louis Park, is no longer needed for the public purposes for which it was acquired and it is in the best interests of the, City that same be sold Section 2 It is hereby deter- mined that the County of Henne- pin has made a bonafide request to add this library to the County library system paying therefore the amount of its cost to the city, as provided by law Section 3 It is hereby deter- mined that the cost of said prop- erty is Cost,of Construction of Library Building $287,405 17 Less Federal Aid for Library purposes 97,000 00 Cost of Land, received by donation None Offer by Hennepin County $190,405 17 Section 4 The Mayor and City Manager are hereby authorized to execute and deliver the following contract AGREEMENT WHEREAS, The County of Hen- npin now operates a branch of the County Library System in the City of St Louis Park, and WHEREAS, at is the desire of both the County of Hennepin and the City of St Louis Park for the County to acquire the land and the building housing such branch of the Hennepin County Library System, and WHEREAS, pursuant to the pro- visions of Chapter 24, Extra Ses- sion Laws of Minnesota 1967, Sub- division 2, the County Board of Hennepin County is authorized to levy a tax annually for the pur- pose of acquisition, betterment and construction of a county library building and premises thereof, and WHEREAS, it Is the desire of the County of Hennepin and the City of St Louis Park for the County to purchase the ground and buildings now housing the branch of the Hennepin County Library System in the City of St Louis Park described as Those parts of Lots 1 through 36. both inclusive, lying north- easterly of the northeasterly boundary of Gorham Avenue, _ Block 266, Rearrangement of St Louis Park, according to the plat thereof on file and of record in the office of the Reg- ister of Deeds of Hennepin County, Minnesota, NOW THEREFORE, IT IS MU- TUALLY AGREED, By and be- tween the parties herein asfol- lows That the County agrees to pur- chase, and the City agrees to, con- vey to the County by Quit Claim Deed, together with an AbstrajtL dor Certificate of Title for the above' described premises for the total, sum of One Hundred Ninety Thou- sand,. Four Hundred Five Dollars and Seventeen Cents ($190,405 17) That the payment of the above. sum for the purchase of the land and building shall be made ' as follows Ninety Eight Thousand Dollars ($98,000 00) as an initial payment on this Agreement, due and pay- able on the date of the execution of this Agreement The unpaid bal- ance of the purchase price shall be divided into not to exceed fif- teen (15) equal annual payments due and payable on the first busi- ness day of January of each of said years, beginning January 1, 1969, from sums which the County hereby agrees shall be levied by !the County annually, pursuant to the provisions of Chapter 24, Extra Session Laws of Minnesota 1967, Section 2 The unpaid balance of the pur- chase price shall bear interest at the rate of 5% per year and shall be due and paybale with the on- nual mstallme EED, $y nd between the parties hereto, hat the County shall have the ight to accelerate payment of all ✓ any part of the unpaid balance ithout penalty, such accelerated ayment plus accumulated inter- st, and the date of payment shall on any anniversary payment ate IT IS FURTHER AGREED, By nd between the parties hereto, hat if for any reason the County P Hennepin falls to make a levy .f necessary taxes or fails to make ny agreed payment, or if it falls ✓ is prevented by law from le - ally continuing the operation of County Library System, the City f St Lotus Park shall have the ight to re -purchase the above de- cribed property from the Coun- y, and the County agrees to con- ey for a sum not to exceed the riginal cost or portion thereof aid to the City by the County, ogether with the cost of any per- ianent improvements made there - n by the County of Hennepin, t a cost not to exceed the orig- nal cost of such permanent im- rovements made by the County 1 Hennepin CITY OF ST LOUIS PARK By LEONARD J THIEL, Mayor and R C MARTIN, Acting City Manager pproved as to form nd legality H BURRY, ity Attorney Accounting records posted EARL HANSON, Director of Finance :OUNTY OF HENNEPIN y ROBERT JANES, hairman of its County Board RECOMMENDED FOR APPROVAL STANLEY COWLE, County Administrator RAY FOLLAND, Director of Public Works TTEST EO B HICKEY, ounty Auditor pproved as to form H BURRY, ity Attorney Section 5. The Mayor and City anager are hereby authorized in ehalf of the City to execute a uft Claim deed for the sale and onveyance of said premises to e County of Hennepin upon pay- ent of the sum of One Hundred I inety Thousand, Four Hundred ive Dollars and Seventeen Cents 190,905 17) in accordance with e Agreement set forth in Section of this ordinance Section 6. It is further deter- ined that no indebtedness has een incurred by the City for the m of money mentioned in Sec - on 3 and the purchaso price bove mentioned shall be neturn- d to the General Funti of the ty Section 7. This Ordinance shall ke effect fifteen days after its ubllcation Adopted by the City Council ptember 9, 1968 LEONARD J THIEL, Mayor ttest. E DAHLSTROM, ty Clerk Approved as to form and legality H H BURRY, City Attorney eviewed for administration C MARTIN, cting City Manager (Sept. 12, 1968)—D _ ORDINANCE NO. 1041 ,4* - • • AN ORDINANCE AUTHORIZING SALE BY TBE CITY OF IRE LIBRARY PROPERTY LOCATED AT THE SOUTHEASThRLY OF THE INTERSECTION OF GORHAM AND LOUISIANA TO TBE COUNTY OF HENNEPIN tC 8/19161_3 9Z9/68_ • ___211/2 68 9LLL68 %.Arr pc.frence File No. Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of • •