§ 96. Vacation of Streets.

The City Council of said City shall have the sole and exclusive power to vacate or discontinue public grounds, streets, alleys and highways within said City.

No such vacation or discontinuance shall be granted or ordered by the City Council, except upon the petition of one or more residents and freeholders of said City; such petition shall set forth the facts and reasons for such vacation accompanied by a plat of such public grounds, streets, alleys, or highways proposed to be vacated, and it shall be verified by the oath of the petitioners.

The City Council, shall, thereupon, if they deem it expedient, that the matter be proceeded with, order the petition to be filed of record with the City Administrator, who shall give notice by publication in the official paper of the City for four (4) weeks, at least once a week, to the effect that such petition has been filed as aforesaid, and stating in brief its object and that said petition will be heard and considered by the City Council; or a committee appointed by them, on a certain day therein specified, not less than ten (10) days from the expiration of said publication.

The City Council or such committee as may be appointed by them, for the purpose, at the time and place appointed shall investigate and consider the said matter and shall hear the testimony and evidence on the part of the parties interested.

If, after having heard the testimony, and evidence, the City Council shall determine in favor of such vacation, it shall then appoint three disinterested freeholders of said City, no two of whom shall reside in the same ward, as commissioners to view the premises and to ascertain and award the amount of damages and compensation to be paid to the owner of property which may be injured by such vacation, and to assess the benefits which may accrue to the lands and property which may be benefited by such vacation, and in proportion to the benefits to be received.

Two of such commissioners shall constitute a quorum and be competent to perform any duty required of such commissioners.

They shall give notice by two publications in the office paper of said City that such survey and plat is on file in the office of the City Administrator for the examination of all persons interested, and that they will, on a day designated in such notice, which shall be at least ten days after the first publication of said notice, meet at a place designated in said notice on or near proposed improvement and view that portion of the street proposed to be vacated, and ascertain and award therefore the damages and compensation, and assess thereon the benefits actually accruing to such property as may be benefited by reason of such vacation; and that they will then and there hear such evidence and proof as interested parties may offer.

And such commissioners shall meet and view the premises pursuant to such notice and may adjourn from time to time, and after having viewed the premises, may for the hearing of evidence and preparation of their award assessment, adjourn, or go to any other convenient place in said City, and may have the aid and advice of the City Engineer and of any other office of the City.

After viewing the premises and hearing the evidence offered, such commissioners shall prepare and make a true and impartial appraisement and award of the compensation and damages to be paid to each person whose property may be injured by reason of such contemplated vacation.

In each case they shall award only the excess of the compensation and damages over and above such benefits.

The said commissioners shall then report to the City Council an assessment list containing the appraisement of such compensation and damages, or such charges thereon as shall not exceed the actual benefits to the property so assessed, which list shall contain a brief description of each tract or parcel of property so assessed, the name or names of the owners thereof, if known, the amount assessed, and of the excess of such compensation and damages as aforesaid which they shall return unassessed.

Such report shall lie over until the next regular meeting of the council, which shall occur at least one week from the reception thereof, at which time or at any other meeting the City Council may act on such report and hear any complaint touching such award or assessment, or it may refer the matter to a committee of the Council to hear such complaint and report thereon.

The Council may confirm such award and assessment, or either, or annul the same or send the same back to the same commission for further consideration, and the commissioners may, in such case, again, upon giving a like notice as herein provided, meet at a time and place to be designated in said notice, which shall be at least two (2) weeks after the publication of such notice, meet and hear any further evidence that may be adduced by interested parties and may adjourn from time to time, and may correct any mistakes in such award and assessment and alter and revise the same as they may deem just, and again report the same to the City Council, who may thereupon confirm or annul the same.

Whenever the City Council shall confirm any such award and assessment, such confirmation shall make such award and assessment final and conclusive upon all parties interested, except as herein provided, and the City Council shall proceed at the same or at any subsequent meeting to levy such assessment upon the several parcels of land described in the assessment list presented by the commissioners in accordance with the assessment so confirmed and cause to be made and adopted an assessment roll of the same, which may be in such form as the Council may adopt.

When damages are awarded to any person or persons, as provided in this section, in excess of benefits, the City Council shall order the same to be paid out of the city treasury on warrants to be drawn and attested by the City Administrator and signed by the Mayor; said warrants to be issued to the person or persons entitled thereto at the expiration of the time for appeal as hereinafter provided.

The City Council upon the confirmation of such award and assessment, and upon payment into the city treasury of such assessment, may, by an order passed by a three-fifths ( 3/5 ) vote of the Council as a whole, declare such public grounds, streets, alleys or highways vacated, and a transcript of such order, duly certified by the City Administrator, shall be filed for record and duly recorded in the office of the register of deeds for the County of Koochiching.

(Ord. No. 28, 3rd series, eff. 2-17-01; Ord. No. 24, 4th series, eff. 9-29-06)