The Fergus Falls Daily Journal

(First Publication September 13, 2012)

ORDINANCE NO. 141, SIXTH SERIES

AN ORDINANCE AMENDING CITY CODE TABLE OF SPECIAL ORDINANCES VI (VACATIONS) FORMERLY REFERRED TO AS CITY CODE CHAPTER VIII (STREETS AND ALLEYS VACATED), BY ORDERING VACATION OF THE EAST-WEST ALLEY  RIGHT OF WAY ABUTTING LOTS 1 THROUGH 14 OF BLOCK 19, FINKLE & WHITE’S ADDITION TO THE  CITY OF FERGUS FALLS, MINNESOTA.

THE CITY OF FERGUS FALLS DOES ORDAIN:

Section 1.  Pursuant to due notice, the hearing was held on the 6th day of August, 2012, upon the changes herein described and all parties desiring to be heard thereon were afforded such opportunity.

Section 2.  The east-west alley right-of-way abutting Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14),  Block Nineteen (19), Finkle & White’s Addition to the City of Fergus Falls, Minnesota, should be and is hereby vacated.

Section 3.  Duties of Abutting Property Owners.  That after such vacation goes into force and effect, the abutting property owner or owners who become the absolute owner or owners of such vacated alley shall assume and be responsible for the care of said area vacated, and it is hereby made their bounden duty to fill any depression contained in said vacated area and remove any and all hazards therefrom, and in the event an action is brought against the City of Fergus Falls for damages or injuries resulting from depressions or excavations and conditions of said vacated area, the property owner or owners shall be liable to the City of Fergus Falls for any damages suffered by it as a result of the failure to make said vacated alley safe from anyone who might be using same or traveling thereon.  That it is the duty of the owner of said vacated alley to place suitable warnings to the public of such vacation to the end that the traveling public may know that it is no longer a public alley but a vacated alley.  That the owners of said vacated alley shall be responsible for all costs incidental to the closing of the vacated alley.

Section 4.  Rights Reserved.  That the City of Fergus Falls retains the right to maintain, operate, repair and replace, construct by itself or by any licensee or holder of a franchise from the City any poles, wires, pipes, conduits, sewer mains, or any other facility or equipment for the maintenance or operation of any utility now located or to be located in that portion of the alley described above.

That this ordinance reserves and protects the rights which any private utility may have as of record or as to those rights which exist and presently are located in the portion of the alley described above.

That this ordinance reserves and protects the rights of the City of Fergus Falls which appear as of record or as to those rights which exist and are presently located in the portion of the alley described above.

Section 5.  Recording.  After all of the conditions and requirements of this ordinance have been fulfilled, the City Administrator of the City of Fergus Falls is hereby ordered to file for record in the office of the County Recorder of Otter Tail County, Minnesota, a certified copy of the within ordinance after the same has been published according to the correct copy of the original and in addition thereto setting forth in such certificate the date and newspaper in which said ordinance was published and the above filing shall be performed by the City Administrator when the benefited parties have paid the expenses of this proceeding.

Section 6.  Effective date.  The effective date of this ordinance shall be the 27th day of September, 2012.

THIS ORDINANCE was introduced on August 20, 2012, and adopted by the City Council of the City of Fergus Falls, Minnesota, on the 4th day of September, 2012, by the following vote:

AYES:    S Synstelien, Shelstad, Rachels, Fish, Cichosz, Connelly, R Synstelien, Thacker

NAYS: None

ATTEST:         APPROVED:
Mark Sievert    Hal Leland
City Administrator    Mayor

Published in the Fergus Falls Daily Journal on September 13, 2012.