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ORDINANCE INCORPORATING PREVIOUSLY APPROVED CHANGES INTO THE BOUNDARY DESCRIPTION OF THE CITY IN THE CHARTER, AMENDING CHAPTER I, SECTION 1, OF THE CITY CHARTER.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Chapter I, Section 1 of the 1912 Home Rule Charter of the city of Duluth, as amended, is hereby amended, to read as follows:
Sec. 1 Generally
(A) The city of Duluth in the County of St. Louis and State of Minnesota is a municipal corporation of the same name with the same following boundaries, except as not included therein pursuant to Subsection B below: Commencing at a point where the north line of sSection twenty-five (25), tTownship fifty-one (51) nNorth, of rRange thirteen (13) wWest, in St. Louis County, Minnesota, intersects the shore line of Lake Superior; thence west to the northwest corner of sSection twenty-six (26), in said tTownship fifty-one (51) nNorth, of rRange thirteen (13) wWest; thence south to the west quarter corner post on the west line of said sSection twenty-six (26); thence west to the center of sSection twenty-seven (27) in said tTownship fifty-one (51) nNorth, of rRange thirteen (13) wWest; thence south to the south quarter corner post on the south line of said sSection twenty-seven (27); thence west to the southeast corner of Section 25 in Township 51 North of Range 14 West; thence north to the north line of the south one-half of the northeast quarter of said Section 25; thence west to the west line of said northeast quarter of Section 25; thence south to the south quarter corner of said Section 25; thence west to the northwest corner of sSection thirty-five (35) in tTownship fifty-one (51) nNorth, of rRange fourteen (14) wWest; thence south to the southwest corner of said sSection thirty-five (35); thence west to the northwest south quarter corner of Section 31 tTownship fifty (50) 51 nNorth, of rRange fourteen (14) wWest; thence north to the center of said Section 31; thence east to the southeast corner of the southwest quarter of the northeast quarter of said Section 31; thence east along the south line of the southeast quarter of the northeast quarter of said Section 31 a distance of 440 feet; thence north along a line that is parallel with and distant 440 feet east of the east line of southwest quarter of the northeast quarter of said Section 31 a distance of 990 feet; thence west 440 feet along a line parallel with and distant 990 feet north of the south line of the southeast quarter of the northeast quarter of said Section 31 to said east line of southwest quarter of the northeast quarter of Section 31; thence north to the northeast corner of said southwest quarter of the northeast quarter of Section 31; thence east to the southeast corner of the west half of the northeast quarter of the northeast quarter of said Section 31; thence north to the northeast corner of said west half of the northeast quarter of the northeast quarter of Section 31; thence west to the northwest corner of the east half of the west half of the east half of the northwest quarter of the northeast quarter of said Section 31; thence south along the west line of said east half of the west half of the east half of the northwest quarter of the northeast quarter of Section 31 to the north line of the southwest quarter of the northeast quarter of said Section 31; thence west to the southeast corner of the northwest quarter of the northwest quarter of said Section 31; thence north to the northeast corner of said northwest quarter of the northwest quarter of Section 31; thence west to the northwest corner of said northwest quarter of the northwest quarter of Section 31; thence south along the west line of said Section 31 to a line that is parallel with and 1780 feet north of the north line of Section 1 of Township 50 North, Range 15 West; thence west along said parallel line a distance of 300 feet; thence south along a line that is parallel with and 300 feet west of said west line of said Section 31 to the north line of said Section 1; thence west to the southeast corner of Section 35, Township 51 North, Range 15 West; thence north to the northeast corner of the south half of the northeast quarter of said Section 35; thence west to the northwest corner of the southeast quarter of the northwest quarter of said Section 35; thence south to the southwest corner of said southeast quarter of the northwest quarter of Section 35; thence east to the northwest corner of the north half of the southeast quarter of said Section 35; thence south to the southwest corner of the north half of the southeast quarter of said Section 35; thence east to the northwest corner of the southeast quarter of the southeast quarter of said Section 35; thence south to the southwest corner of said southeast quarter of the southeast quarter of Section 35; thence west to the north quarter corner of Section 2 of Township 50 North, Range 15 North; thence south to the center of said Section 2; thence west to the northwest corner of the east half of the southwest quarter of said Section 2; thence south along the west line of said east half of the southwest quarter of Section 2 to the north right of way of Trunk Highway 53; thence easterly and southeasterly along said north right of way to the south line of said Section 2; thence east along said south line of Section 2 and along the north line of northwest quarter of Section 12, Township 50 North, Range 15 West to a point that is 360 feet west of the northeast corner of the northwest quarter of the northwest quarter of said Section 12; thence south along a line that is parallel and 360 feet west of the east line of said northwest quarter of the northwest quarter of said Section 12 to the north line of the southeast quarter of the said northwest quarter of northwest quarter of Section 12; thence west to the northwest corner of said the southeast quarter of northwest quarter of the northwest quarter of Section 12; thence south to the southwest corner of said southeast quarter of the northwest quarter of the northwest quarter of said Section 12; thence west to the northwest corner of the southwest quarter of the northwest quarter of said Section 12; thence south along the west line of said southwest quarter of northwest quarter of Section 12 to the center line of Airbase Road; thence easterly along said center line of Airbase Road to the center line of Swan Lake Road; thence easterly along the center line of Swan Lake Road to the east line of the northwest quarter of said Section 12; thence north to the northeast corner of the northwest quarter of said Section 12; thence east to the northeast corner of said Section 12; thence south to the southwest corner of said tTownship fifty (50) nNorth, of rRange fourteen (14) wWest; thence west to the northwest corner of sSection two (2), in tTownship forty-nine (49) nNorth, of rRange fifteen (15) wWest; thence south to the northwest corner of the west half of the southwest quarter of said Section 2; thence east to the northeast corner of said west half of the southwest quarter of Section 2; thence south to the southeast corner of said west half of the southwest quarter of Section 2; thence west to the southwest corner of said west half of the southwest quarter of said Section 2; thence south to the southwest corner of sSection fourteen (14) in said tTownship forty-nine (49) nNorth, of rRange fifteen (15) wWest,; thence west to the northwest corner of sSection twenty-two (22), in said tTownship forty-nine (49) nNorth, of rRange fifteen (15) wWest; thence south to southwest corner of said Section 22; thence west to the southeast corner of the west half of the southwest quarter of the southeast quarter of Section 21, Township 49 North, Range 15 West; thence north to the northeast corner of said west half of the southwest quarter of the southeast quarter of Section 21; thence west to the northwest corner of the southeast quarter of the southwest quarter of said Section 21; thence south to the southeast corner of the northwest quarter of the northwest quarter of Section 28 of Township 49 North, Range 15 West; thence west to the southwest corner of said northwest quarter of the northwest quarter of Section 28; thence south to the northeast corner of Section 32 of Township 49 North, Range 15 West, also being the northeast corner of Short Line Park Garden Tracts, according to the recorded plat thereof; thence south along the east line of said Short Line Park Garden Tracts to a line that is parallel and distant 750 feet south of the north line of Short Line Park Garden Tracts; thence west along said parallel line to the west line of said Short Line Park Garden Tracts; thence south along the west line of said Short Line Park Garden Tracts to the northeast right of way of Duluth, Winnipeg and Pacific Railroad Company; thence northwesterly along said northeast right of way of Duluth, Winnipeg and Pacific Railroad Company to the east line of the northeast quarter of the northwest quarter of said Section 32; thence south to the southeast corner of said northeast quarter of the northwest quarter of Section 32; thence west to the southwest corner of said northeast quarter of the northwest quarter of Section 32; thence north to the northwest corner of said northeast quarter of the northwest quarter of Section 32; thence west to the northwest corner of Section 31, Township 49 North, Range 15 West; thence south along the Range line between Township 49 North, Range 15 West and Township 49 North, Range 16 West and continuing thence south to the southwest corner of section thirty-four (34) in said township forty-nine (49) north of range fifteen (15) west; thence west on the town line between township forty-eight (48) north of range fifteen (15) west and township forty-nine (49) north of range fifteen (15) west, to the southwest corner of said township forty-nine (49) north of range fifteen (15) west; thence south on the rRange line between tTownship forty-eight (48 ) nNorth, of rRange fifteen (15) wWest and tTownship forty-eight ( 48) nNorth, of rRange sixteen (16) wWest, to the center line of the channel of the St. Louis River; thence easterly along the center line of the channel of said river to the state boundary line between the States of Minnesota and Wisconsin; thence along said state boundary line to the mouth of the St. Louis River at the entry of the Bay of Superior between Minnesota and Wisconsin points; thence in a straight line to the place of beginning.
(B) The property described in this Subsection B is not included within the City of Duluth: that part of Section 1, Township 50 North, Range 15 West that is bounded by a line distant 500 feet southeasterly of and parallel with the center line of northeast-southwest runway of Duluth International Airport, a line distant 750 feet northerly of and parallel with the center line of east-west runway of said Airport, and the east line of said Section 1.
(C) By and in its corporate name, it shall have perpetual succession; save as herein otherwise provided and save as prohibited by the Constitution or Statutes of the State of Minnesota, it shall have and exercise all powers, functions, rights and privileges possessed by the city of Duluth prior to the adoption of this Charter; also all powers, functions, rights and privileges now or hereafter given or granted to municipal corporations of the first class having "home rule charters" by the Constitution and laws of the State of Minnesota; also all powers, functions, rights and privileges usually exercised by, or which are incidental to, or inhere in, municipal corporations of like power and degree; also all municipal power, functions, rights, privileges and immunities of every name and nature whatsoever; and in addition, it shall have all the powers, and be subject to the restrictions contained in this Charter. In its corporate name, it may take and hold, by purchase, condemnation, gift or devise, and lease and convey any and all such real, personal or mixed property, within or without its boundaries as its purposes may require, or as may be useful or beneficial to its inhabitants.
(A). Certain lands upon which the Duluth International Airport is located were annexed to the corporate limits of the city of Duluth by Ord. No. 7564, passed February 13, 1967, under authority of M.S.A. 414.03, Subd. 2.
(B). Certain lands upon which the South St. Louis County fairgrounds is located were detached from the corporate limits of the city of Duluth by Resolution No. 11-0052 and subsequent order by the state of Minnesota chief administrative law judge, under authority of M.S.A. 414.061, Subd. 1.
(C). Certain lands formerly in Midway Township were annexed to the corporate limits of the city of Duluth by Ord. No. 10321, passed July 21, 2014, under authority of M.S.A. 414.0325.
Section 2. That this ordinance shall take effect 90 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance amends Chapter I, Section 1, of the Duluth City Charter relating to the city boundary. This amendment updates the legal boundary of the city by incorporating lands located by the Duluth International Airport annexed by the city by Ordinance 7564 on February 13, 1967, lands formerly in Midway Township annexed by Ordinance 10321 on July 21, 2014, as amended, and lands formerly in Rice Lake township annexed by Resolution 15-0225 on April 27, 2015. In addition, this ordinance also adjusts the city boundary to reflect that certain lands south of the St. Louis county fairgrounds were detached from the city by Resolution No. 11-0052.
This amendment was reviewed and recommended by the Charter Commission at its meeting on October 12, 2016.
This ordinance requires a unanimous vote for approval.