05.03 - Road Vacation - Laserfiche WebLink

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� �. � (Minn.App.,t9s��. best interests ofthe public. Adoption of a resolution granting or denying vacation � See Sample Resolution at Vaca 'ons must be approved by ciTy council resolution. A vacation com enced Appendix B. SOlely the initiative of the city council requires a four-fifths majorit vote in favor o e resolution. A vacation commenced by petition of a maj ty of abutting 1 d owners requires a simple majority of the quorum pre nt at the meeting to ss a favorable resolution. As previously discussed, e resolution should inclu the city's reasons for granting the vacation and tailed, written findings of fac See Sample Notice of Completion in Appendix B. When a city denie a petition for a vacation, the city shoul also adopt a resolution setting f h the city's reasons for the denial a written findings of fact. As previously di cussed, detailed findings build a cord necessary to support the city's decis n and refute allegations that e decision was arbitrary or capricious. After a resolution granting vacation is adopted e city clerk must prepare a notice of completion of the p ceedings contai ng the following: • The name of the city. • Identification of the street • A statement of the time of • A description of the real of the vacation. affected thereby. The notice must be presented t e county ditor, who will enter the notice in the transfer records and note on the instru nt, over official signature, the words "entered in the transf record." The not e must then be recorded with the county recorder. The c nty auditor in your unty may have a preferred form far the notice of co pletion in your jurisdich n. It is advisable to check with your county audit regarding the preferred for at at the beginning of a vacation proceedin�. Provided that all t]� other elements of a valid vacation � failure to file th��otice will not invalidate the vacation. III. I-�6me rule charter cities exist, mere Minn. Stat. § 410.33 Many h e rule cities have charter provisions that establish a pro ss for the vacati of city streets. If a charter is silent on the issue, the general tatutory prov' ions previously discussed may be used. See Handbook, cnapcer a. me rule charters may supplement, but not contradict state statute. The eneral rule is that when a charter provision is in conflict with state law, t statutory provision prevails and the charter provision is ineffective to the ex that it conflicts with state policy. VACATION OF CTTY STREETS 7