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412.831 STATUTORY CITIES
<br />Note 1
<br />its official newspaper. Op.Atty.Gen., 3146 -19, nearby city as the official newspaper, and puhr•:h-
<br />luly 19, 1963. ed all official publications of the village in the at
<br />A zoning ordinance providing that the bounda• of town paper, but published notices and prada-
<br />ries of various districts were to be delineated on a mations, not required by law to be published, it
<br />map on file in the village hall, as well as the map, the newspaper of the mayor, the village coi:mdi
<br />would both be required to be published together could not properly authorize payment of chant
<br />in order to have a valid publication of the ordi• by the mayor for material published in his papa.
<br />nance. Op.Atty.Gen., 477 -8-34, Sept. 20, 1962, Op.Atty.Gen., 2776 -1, May 12, 1959.
<br />In the absence of contract between a village and A village council could not properly dele^yae
<br />a newspaper, village could properly change its authority to the village clerk to publish at hit
<br />designation of an official newspaper at a time discretion proceedings of the council in new ,via
<br />other than the first council meeting of the year, pen other than the official paper of the vili.age
<br />Op.Atty.Gen., 471g, March 19, 1962. Op.Atty.Gen., 3146 -23, Jan. 30, 1959.
<br />Where the only newspaper within a village was A village council could not designate more that
<br />published by the mayor of the village, and the one newspaper as the official paper under thin
<br />village council had designated another paper in a section. Id.
<br />412.841. Repealed by Laws 1976, c. 44, § 70, eff. March 13, 1976
<br />Laws 1976, c. 44, contained a stated purpose
<br />indicating that the act would determine which
<br />laws formerly applicable to cities would be ex-
<br />tended to municipalities formerly designated as
<br />Villages (see section 410.015).
<br />Prior to repeal this section was amended by
<br />Laws 1961, c. 494, §§ 1, 2; Laws 1965, c. 45,
<br />§ 57, and Laws 1973, c. 123, art. 2, § 1.
<br />1. Construction and application
<br />A village would not be at liberty to make a
<br />decision as to what records were of historical a
<br />legal value, and to destroy such records wfiici
<br />were more than six years old, but could only an
<br />to the extent provided by §§ 138.17, subd. 1, art
<br />this section. Op.Atty.Gen., 471f, March 23, 1962
<br />•
<br />412.851. Vacation of streets
<br />The council may by resolution vacate any street, alley, public grounds, public way, or ang
<br />part thereof, on its own motion or on petition of a majority of the owners of land abutriinf
<br />on the street, alley, public grounds, public way, or part thereof to be vacated. When there
<br />has been no petition, the resolution may be adopted only by a vote of four -fifths of al
<br />members of the council. No such vacation shall be made unless it appears in the intexea
<br />of the public to do so after a hearing preceded by two weeks' published and posted notes.
<br />After a resolution of vacation is adopted, the clerk shall prepare a notice of completion d
<br />the proceedings which shall contain the name of the city, an identification of the vacatior,
<br />a statement of the time of completion thereof and a description of the real estate and fans§
<br />affected thereby. The notice shall be presented to the county auditor who shall enter tie
<br />same in his transfer records and note upon the instrument, over his official signature, the
<br />words "entered in the transfer record." The notice shall then be filed with the counts
<br />recorder. Any failure to file the notice shall not invalidate any such vacation proceed:ngt.
<br />Amended by Laws 1967, c. 289, § 15, eff. May 4, 1967; Laws 1969, e. 9, § 85, eff. Feb. 12, 1969; law
<br />1973, c. 123, art. 2, § 1; Laws 1973, c. 494, § 11; Laws 1976, c. 181, § 2.
<br />1967 Amendment. Included "public ways"
<br />among those areas which might be vacated. Au-
<br />thorized vacation by council "on its own motion ",
<br />and added with reference thereto the second sen-
<br />tence.
<br />1969 Amendment. Correction bill.
<br />1973 Amendments. Laws 1973, c. 123, art. 2,
<br />§ 1, subd. 2, was a general authorization for the
<br />deletion of the term "village" and the substitution,
<br />where appropriate, of the term "city" or the term
<br />"statutory city."
<br />Laws 1973, c. 494, § 11, deleted "and present to
<br />the proper county officers" following "clerk shall
<br />prepare", substituted "which shall contain the
<br />name of the village, and identification of the vaca-
<br />tion, a statement of the time of completion thereof
<br />7�
<br />and a description of the real estate and /and
<br />affected thereby" for "in accordance with Scam
<br />117.19" in the third sentence and inserted tie
<br />fourth, fifth and sixth sentences.
<br />1976 Amendment. Changed the title of manna
<br />of deeds to county recorder.
<br />92
<br />Supplementary Index to Notes
<br />Abutting land 8
<br />Assessments 9
<br />L Construction and application
<br />As a general rule a municipality has no prcrpria
<br />tary interest in the public street but holds tit
<br />
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