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OAH 7-0330-21877-BA |
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STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MUNICIPAL BOUNDARY ADJUSTMENT UNIT
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In the Matter of the Petition for the Dissolution of the
City of |
FINDINGS OF FACT, CONCLUSIONS AND ORDER |
This matter was heard by
Administrative Law Judge (ALJ) Richard C. Luis on April 5, 2011, in the Council
Chambers at Tenney (the City),
The Petitioner and the City of
Based on all the records, files and proceedings in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions and Order:
Should the City of
The ALJ concludes that the City of
1.
On February 11, 2011, a Petition for Dissolution
was received by the Municipal Boundary Adjustment Unit requesting the Chief
Administrative Law Judge to order a referendum on the question of dissolution
of the City of
2.
In the 2010 general election, three voters
appeared at the City’s polling place in
3.
The area proposed for dissolution consists of
the area lying within the boundaries of the City of Tenney, Minnesota, located
in Section 28, Township 130 (Campbell Township, Wilkin County), Range 46, and
includes the City of Tenney’s City Dump, located in Section 26, Township 130,
Range 46 (which is 3 acres more or less of the total 21.89 acres proposed for
dissolution).[3] The Dump is located at the corner of
4.
The City owns nine lots located within the 19-acre
Tenney townsite. The property includes the
City Hall and a
5. The total assessed value of the City’s real estate is $22,500.00.[8]
6.
Tenney is the smallest City in
7.
The City does not have a municipal well, nor
does it provide sanitary sewer service or own a sewage treatment plant. All citizens in Tenney have their own well and
septic systems. The City does not issue
septic permits – these and other related functions are provided by
8.
The City does not have a fire department. It receives help from surrounding cities for
fire protection, such as Campbell and Tintah in
9. The City does not have a police department. It receives police protection from the Wilkin County Sheriff’s Department, for which it is not charged.[13]
10. The City currently has less than one mile of City streets,[14] which are plowed and maintained by the only business in the City, the Wheaton-Dumont Elevator Company, which uses the streets to accommodate truck traffic. At any given time on a normal business day, approximately 20 people are in Tenney (2 residents, 6 elevator employees, and approximately twelve truckers unloading grain or waiting in line for that purpose).[15]
11.
The City does not have zoning regulations. The zoning authority is that of
12. The City does not own any significant personal property, apart from lawn maintenance equipment and furniture. The estimated value of the City’s personal property is $8,555.00.[17]
13. The City had total cash deposits of approximately $7,000 on the day of the hearing.[18]
14. The City has no outstanding bonds or other obligations.[19]
15. No eligible individuals have expressed interest in filing for City Offices in any subsequent elections.[20]
16. The City considers June 21, 2011, as a favorable day for the referendum on the dissolution of Tenney.[21]
17.
Tenney’s City Council has adopted a resolution
requesting the
18.
The Wilkin County Auditor administers the
elections in and for the City of
19. After settlement of all outstanding accounts, any real estate, personal property and cash deposits then owned by the City will be transferred to Campbell Township (current population 84),[24] and the territory now occupied by Tenney will become part of that Township when the City dissolves and ceases to exist.
Based on the Findings of Fact, the Administrative Law Judge makes the following:
1. The Office of Administrative Hearings and Municipal Boundary Adjustment Unit have jurisdiction over this matter pursuant to Minn. Stat. § 412.091 and Ch. 414.
2.
3.
It is appropriate to Order the City of
Based on the Conclusions, the Administrative Law Judge makes the following:
1.
IT IS
ORDERED that the City of
2.
IT IS ORDERED
FURTHER that the City cause to be printed, on the ballot for the referendum,
the printed words: “For Dissolution” and
“Against Dissolution,” with a square before each phrase in which the voter may
express a preference by a cross or other method of expressing preference
provided by law.
3.
IT IS ORDERED
FURTHER that, following the election, the City Clerk shall file with the
Municipal Boundary Adjustment Unit, the Secretary of State, and the Wilkin
County Auditor a Certificate stating the results of the vote on the referendum.
4.
IT IS ORDERED
FURTHER that, if a majority of those voting on the question favor
dissolution, the City of
Dated: April 18, 2011
s/Richard C. Luis
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RICHARD C. LUIS Administrative Law Judge |
Reported: Digitally Recorded – No Transcript Prepared
NOTICE
Under Minn. Stat. § 414.07, this Order is the final decision in this case. Any aggrieved party may appeal to Wilkin County District Court within 30 days of the issuance of this Order, pursuant to Minn. Stat. § 414.07, subd. 2.
Any party may submit a written request for an amendment of these Findings of Fact, Conclusions of Law and Order within 7 days from the date of the mailing of the Order.[25] A request for amendment shall not extend the time of appeal from these Findings of Fact, Conclusions of Law, and Order.
[1] Ex. 1.
[2]
[3]
[4] Ex. 7.
[5] Testimonies of Schwab and Guenther.
[6] Ex. 6.
[7] Post-Hearing Submission by City.
[8]
[9] Ex. 3.
[10] Testimonies of Schwab and Guenther.
[11]
[12]
[13]
[14] Ex. 6.
[15] Testimonies of Schwab and Guenther.
[16]
[17] Post-Hearing Submission by City.
[18] Testimony of Guenther.
[19]
[20] Testimonies of Schwab, Guenther.
[21]
[22]
Post-Hearing Submission by
[23]
[24] Ex. 3.
[25]