1978-07Bill 1978-7
AMENDMENT TO CHAPTER XII,
PART I, SECTION 12.04
OF THE RICHFIELD ORDINANCE CODE
CITY OF RICHFIELD DOES ORDAIN:
Chapter XII, Part I, Section 12.04 of the Ordinance Code of the
City of Richfield dealing with vacation of streets is hereby amended
to read as follows:
"12.04 STREET VACATION PROCEDURE
Subdivision 1. Charter Authority. This section is acopted pursuant to
Section 12.06 of the City Charter. The procedures for the [creation]
vacation of streets within the city shall be as delineated in the remaining
subdivisions of this section and shall be applicable to all street vacation
proceedings in the city:
Subd. 2. Council [Resolution]Authority; Petition. The council may by
[resolution] ordinance vacate any street, alley, public grounds, or any
part thereof, upon the [prescribed] petition of the owners of half of
the land abutting on the street, alley, public grounds, or part thereof
to be vacated. [Owners of abutting property shall not include the city
nor any other political subdivision.]
Subd. 3. Receipt of Petition; Notice of Hearing. The council shall by
resolution acknowledge receipt of [any] the prescribed petition which
complies with the provisions of Subdivision 2. The resolution shall also
set the date for a public hearing on the proposed street vacation. No
such vacation shall be made unless it appears in the interest of the
public to do so and only after a hearing preceded by two weeks published
and posted notice.
Subd. 4. [Notice of Completion of Proceedings.] Effect of Vacation Upon
Other Easements. [After a resolution of vacation is adopted the clerk
shall prepare and present to the proper county officers a notice on com-
pletion of the proceedings, in accordance with Minnesota Statutes,
Section 117.19.] The Ordinance vacating a public street or portion
thereof shall specifv whether there are easements existing within the
area of the street right-of-way, and the extent to which the vacation
affects the authority of any person, corporation or municipality owning
or controlling electric or telephone poles and lines, gas and sewer lines,
or water pipes, rosins and hydrants, thereupon or thereunder, to~continue
maintaining the same or to enter upon such street or portion thereof
vacated to maintain, repair, replace or otherwise attend thereto.
~I
Subd. 5. Petition Fee. The petition for vacation of any street, alley,
public grounds or parks thereof shall be accompanied by the fee provided
in Appendix D of this Code."
Passed by the City Council of the City of Richfield, Minnesota, this
8th day of May, 1978.
.~
Lo en L. Lana ` ~ "Mayor
ATTEST:
Thomas J./ ran City Clerk
0
(Offiicial Publi~t~9g)
LEGAL NOTICE
,SUN NBWSPA.PERS
AFFIDAVIT OF PUBLICATION
RILHFIEI~D SL'~1
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
SS.
County of Hennepin
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Richfield Sun and
leas full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at ]east 75°J° of its total
circulation currently paid or no more than three months in arrears and has entry as second-class
matter in its locai post-office. (5) Said newspaper purports to serve the City of Richfield
in the County of Hennepin and it has its known office of issue in the City of Bloomington in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours acid at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
He further states on oath that the printed 81-x-1 ~ `~8-`~
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for 011E successive weeks;
that it was first so published on Wed the ~ _L_.-day of 1~'Ia y 19~~
and was thereafter printed and published on every to and including
the-._~day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghijklmnopgrstuvwxyz
~ ~~7~~~~-,~
Subscribed and sworn to before me this ~ ~ day of MaY 198
/~/
T~~'~,'1 r Jn~ )v I~ nSF:i~I.Q
si~on Exn's;as hug. 18, 1984
BILL I97&7~'.
A~DMENT TO
PTER;XII,
PAR? I, SECTION 12.04
OF~THE RICHFIELD
ORDINANCE CODE
CITY OF RICHFIELD DOES OR-
DAIN:
Chapter XII, Part I, Section 12.04 of
the Ordinance Code of the City of
Richfield dealing with vacation of
streets is hereby amended to read as
follows:
"12.04 STREET VACATION PRO-
CEDURE.
Subdivision 1. Charter ,Authority.
This section is adopted pursuant to
Section 12.06 of the City Charter. The
procedures for the (creation)
vacation of streets within the city
shall be as delineated in the remain-
ing subdivisions of'this.section and
shall be applicable to all street vaca-
tion proceedings in the city.
Subd. 2. Council [Resolution)
AUTHORITY; Petition. The council
may be [resolution] ordinance vacate
any street, alley, public grounds, or
any part thereof, upon. the
[prescribed] petition of the owners of
half of the land abutting on the street,
alley, public grounds, or part thereof
to be vacated. [Owners of abutting
property shall not include the city nor
any other political subdivision.]
Subd. 3. RECEIPT OF PETITION;
Notice of Hearing. The council shall
by resolution acknowledge receipt of
[any) the prescribed petition which
complies with the provisions of Sub-
division 2. The resolation -shall also
set the date fora public hearing on
the proposed street vacation. No such
vacation shall be made unless it ap-
pears inthe interest of the public to do
so and only after a hearing preceded
by two weeks published and posted
notice.
Subd. 4. [Notice of Completion of
Proceedings) EffecLof Vacation upon
other Easements. [After.a resolution.
of vacation is adopted the cle[k shall
prepare and present to the proper
county officers a notice on completion
of the proceedings, in accordance
with Minnesota Statutes, Section
117.19.1 The Ordinance vacating a
public street or portion thereof shall
specify whether there are @asements
existing within the area of the street
right of way, and the extent to which
the vacation affects the authority of
any person, corporation or.municipal-
ity owning or controlling electric or
telephone .poles and lines,. gas and
sewer tines, or water pipes, -mains
and hydrants, thereupon or thereun-
der, to continue maintainirt$ the same •.
or to enter upon such street or portion . ' i
thereof vacated to maintain, repair,,. ;.
replace or otherwise attend thereto: ~ . ';
Subd. 5. Petition-Fee. The petition
for vacation of any street, alley, pub-
lie grounds or parks thereof shall be
accompanied by the fee provided in
Appendix D of this code.
Passed by the City Council of the
City of Richfield, Minnesota this 8th
day of March, 1978.
LOREN L. LAW
Mayor
ATTEST:
THOMASMORAN
City Clerk
(May.17, 1978)-RN