City Code: 675:0

Section 675 - Street Vacation Procedure

Section 675:00. Petition, Requirements. No street, alley or public right-of-way, or any part thereof, within the City, shall be vacated, except upon the Council's own motion or upon the petition directed to the Council of a majority in number of the owners of property abutting such street, alley or public right-of-way and upon completion of the procedure specified hereinafter. Such petition shall set forth the grounds for the desired vacation and shall be accompanied by a plat of the street, alley or public right-of-way proposed to be vacated and such petition shall be verified on behalf of a majority of said petitioners. A fee, as established by the City Council from time to time, in Chapter V of this Code to pay the costs incurred by the City in the process, shall also accompany the petition. Assessments which would have been levied on the property may be charged at the time of vacation.

Section 675:05. Order for Hearing. Upon the Council's own motion or upon the filing of the petition as aforesaid, the Council shall direct that such petition be filed with the City Clerk and shall order a hearing on such petition and fix the time and place of such hearing.

Section 675:10. Notice of Hearing. Notice of public hearing shall be given not more than thirty (30) days and not less than ten (10) days before the hearing by publication at least once in the official newspaper of the City of Owatonna. Such notice shall include the time and place of the hearing, a description of the contents of the request to be heard and description of the right-of-way proposed to be vacated.

In addition to published notice, the Clerk-Treasurer shall mail a notice, at least ten (10) days before the date of the hearing, to all owners of property abutting the right-of-way proposed to be vacated. Names and addresses from current City records shall be deemed sufficient for such notification.

Section 675:15. Testimony at Hearing. Any person may appear and testify at such public hearing either in person or by a duly authorized agent or attorney.

Section 675:20. Effect Upon Existing Systems or Ownerships. The vacation of any street, alley or public right-of-way, or any part thereof, under this section, shall not destroy or interfere with the right of any person, corporation or municipality owning or having control of any electric light or telephone or lines, sewer or water pipes, mains, hydrants, lift stations or other integral parts of a system existing within, on or under the described right-of-way, nor the right of any such person, corporation or municipality to enter such right-of-way or portion thereof vacated, for the purposes of repairing the same or otherwise properly attending thereto.

Section 675:25. Council Ordinance. The Council, after hearing the petition, or upon the report of such board or commission, designated to hold hearing on such petition, may, by ordinance passed by the affirmative vote of not less than five (5) members, declare such street, alley or public right-of-way, or any portion thereof vacated or deny such petition.

Section 675:30. File and Record Ordinance Vacating. If a vacation is declared, the ordinance shall be filed for record and duly recorded in the office of the Steele County Recorder in and for Steele County, Minnesota.

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