Subd. 1. Vacating of streets, public grounds.
A. The City Council 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 in 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, verified by the oath of the petitioner. The Council shall thereupon, if it deems it expedient that the matter shall be proceeded with, order the petition to be filed of record with the City Recorder, who shall give public notice by publication in the official paper of the city for four successive weeks, at least once in each week, to the effect that such petition has been filed as aforesaid, stating, in brief, its object and that said petition will be heard and considered by the Council, or a committee appointed by it, at a certain time and place specified, not less than ten days after the expiration of such notice.
B. The Council, or such committee as may be appointed by it for the purpose, at the time and place appointed, shall be present and shall investigate and consider the matter, and shall hear the testimony and evidence, together with the objections on the part of the parties interested. If, after having heard the testimony, evidence and objections, the Council shall determine in favor of such vacation, it shall then appoint three freeholders of said city, no two of whom shall reside in the same ward, as commissioners to view the premises and to ascertain carefully the amount of damages and compensation to be paid to the owners or property which may be injured by such vacation, and to assess the benefits which may accrue to the lands and property which may be benefitted by such vacation, and in proportion to the benefits to be received and without regard to its cash valuation. Two of such commissioners shall constitute a quorum and be competent to perform any duty required of such commissioners; they shall be notified of their appointment, and vacancies in their number be filled in the same manner. They shall give notice by two publications, in the official paper of said city, that such survey and plat is on file in the office of the City Recorder 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 such notice, meet at a place, designated in said notice, on or near the proposed improvements, and view that portion of the street proposed to be vacated, and ascertain and award therefor the damages and compensation, and assess thereon the benefits actually accruing to such property as may be benefitted by reason of such vacation; and that they will then 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 and 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 the other officers of the city.
C. After viewing the premises and hearing 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, and of the amount of benefits, if any, which may accrue to property by reason thereof, and may offset the amount of benefits thus accruing against the damages which may be sustained by reason of such vacation. In each case they shall award only the excess of the compensation and damages over and above such benefits.
D. The said commissioners shall then report to the City Council an assessment list containing their 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 assessed, the name or names of the owners thereof, if known, and the amount assessed, 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 one week after 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.
E. The Council may confirm such award and assessment of either, or annul the same, or send the same back to the same commission for further consideration, and the commissioners may, in either case, again, upon giving a like notice as herein provided, meet at a time and place to be designated in such notice, which shall be given as provided for the first notice, meet and hear any further evidence that same to the City Council, who may thereupon confirm or annul the same.
F. 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 hereinbefore provided, and the Council shall proceed at the same or any subsequent meeting, to levy such assessment upon the several parcels of land described in the assessment list reported to 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.
G. When damages are awarded to any person or persons as provided in this section, in excess of benefits, the Council shall order the same to be paid, out of the general fund of the City Treasury, on warrants to be drawn in the usual form; said warrants to be issued to the person or persons entitled thereto, at the expiration of the time for appeal, as hereinafter provided.
H. The Council, upon the confirmation of such award and assessment, may, by an order passed by a two-thirds vote of all the members elect, declare such public grounds, streets, alleys or highways, vacated, which said order, after the same go into effect, shall be published as in the case of ordinances, and thereupon a transcript of such order, duly certified by the City Recorder, shall be filed for record and duly recorded in the office of the County Register of Deeds.
Subd. 2. Appeals from vacating of streets.
A. Any person feeling aggrieved by any such vacation or discontinuance, or by any such assessment of damages therefor as herein provided, shall have the right at any time, within ten days after the publication of the order vacating such street, alley or highway, to appeal to the County District Court from such confirmation of such assessment or from such order declaring such vacation, where such appeal shall be tried by the court and jury as ordinary cases, and the judgment of which court shall be final. It shall be the duty of the City Recorder, as soon as any appeal is taken to transmit to the proper court a certified copy of the record of all proceedings in the case at the expense of appellant. Such appeal shall be entered and brought on for trial and be governed by the same rules in all respects as appeals from justices of the peace in civil suits, except that no pleadings shall be required.
Subd. 3. Plats to be filed with County Recorder. Whenever any highway, street, alley, or public ground is laid out, widened, narrowed, enlarged or any of the same are vacated or discontinued under the provisions hereof, the City Council shall cause an accurate survey and plat thereof to be made and filed in the office of the County Recorder.
(Ord. 614, passed 6-16-14)