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AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Ordinan No. 10-05 CITY OF PLK RIVER An Ordinan a of the City of Elk River zo 'ng certain prop- Heidi Quanrud, being duly sworn on oath says that she is the office manager of the erty into t e Solid Waste Newspaper known as the Star News, and has full knowledge of the facts which are stated Facilities Ov rlay Zoning Dis- below: trict and the ineral Excava- tion Overlay 2 ining District. FINDIN OF FACT (A)The Newspaper has complied with allofthe req uirementsconstituting qualifications The City Co cil of the City of as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other Elk River ma Findings of FE es the following pp m ct: applicable laws, as amended. 1. The City Waste Facil f Elk River Solid ties Ordinance (B) The printed Ordinance 10 -05, which is attached was cut from the columns of said (SWF 6rdin ace) was initially newspaper and was printed and published once a week for one week; it was first published adopted in Elk 2. The Elk on Saturday, 24th day of April, 2010 p p y River Landfill Y� y p � , ,and was therefore printed and published on ever (Landfill) w to subsequently Saturday to and including Saturday, the 24th day of April, 2010, and printed below is a copy zoned into I Facilities he Solid Waste of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as r Zoning Dis- trict a and a nd being the size and kind of e used in the composition and publication of the notice onditional use g type p p permit (CUP for the Landfill was initially pproved in 1988. 3; Since 198 , the CUP for the Landfill has een renewed and amended 10tmes. abcdefghijklmnopgrstuvwxyz 4. The legal escriptions of the . -area to be zo 7erlay District j he covered t�* Landfill ed into the SWF and the area by the CUP for were provided by �" Q the Landfill. The legal descrip- fjons covere I several parcels ag1 almost two pages of text. 0e City hai always assumed th4t the dee tty the Landfill riptions provided Office Manager covered the g entire Landfi 1 property. ' 5. In corm ction with the Subscribed and sworn to before me on recent litigal Landfill's ap ion regarding the this 24th day of April, 2010 lication to expand Y onto the Til er property; the Lgndfill is t king the position SHELLY RAE WESTOVER g that their en within the ire property is not NOTARY PUBLIC WF Overlay Dis- '.''� MINNESOTA trict. If th s were true, the My Commission Landfill ha Expires Jan. 31, 2015 deposited solid waste outsi lay District under the a the SWF Over- which is illegal ity's Zoning and (,� Txw \ SWF Ordinaj ices. 6. In order to eliminate the Notary Public possibility o a gap in the SWF zoning of th Landfill property, to impleme t the intent that the entire L Lndfill property be RATE INFORMATION zoned SWF Overlay District, and to brinj the Landfill into 21.00 Zon- compliance ith the City (1) Lowest classified rate paid by ing and SW City has de Ordinances, the commercial users for comparable space ermined to zone (line, word or inch rate) the entire andfill property into the SW Overlay District (2) Maximum rate allowed by law for the $ 15.50 and the ME O erlay District INANCE above matter THER£FO , the City Coun- (line, word or inch rate) cil of the Ci hereby ord ' of Elk River does (3) Rate actually charged for the above as follows: $ 15.00 matter (line, word or inch rate) 2,160,231