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c 682 '~ .,'.- ~~ s c< ,~ ~$ ,~,i' ,L, :harter IOrale ~ rv AND Idition to o acquire ights and ¡treet and reets and butments 'opertno It domain be in pur· , 117.042, 1 111.115 ~1 thereof, n the city aners act- :r with all all issue a shall take leal bond. class may les, public , ation. the '"'". f in which " 683 ACQUISITION OF PROPERTY FOR STREETS 440.14 440.13 COUNCIL MAY VACATE STREETS IN CITIES OF THE FOURTH CLASS. In any city of the fourth class organized under a home rule charter, the council thereof shall bave power by a majority vote of the council to vacate any street or high. way, or any part of any street or highway therein, upon the petition of all the owners of lands abutting both sides of the street or highway, or part thereof, proposed to be vacated wherein one end of the street or highway, or part thereof proposed to be vacated does not connect with any other street or highway. If any part of the street or highway proposed to be vacated terminates at or abuts upon any public water, the peti. tioners shall serve notice of the petition by certitìed mail upon the commissioner of nat· ural resources at least 30 days :before tbe council hearing on the matter. The notice under this subdivision is for notification purposes only and does not create a right of intervention by the commissioner of natural resources. Except as herein provided all other provisions of the home rule charter shall apply to and govern the proceeding. History: (1828-9 1/2) 1933 c 95 s 1; 1989 c 183 s 5 440.135 VACATING STRE~ HOME RULE CHARTER CITY OF THE THIRD CLASS. Subdivision 1. Application. This section applies to every home rule charter city of the third class. Subd. 2. Council may vacate; conditions. In addition to any other method provided by law, the council of such city. upon the presentation and filing of a verified petition signed by or on behalf of any owner, natural or corporate, of any real estate abutting thereon, may vacate any street or segment of street or any portion of the width thereof within its geographical limits, provided only that the street. segment, or portion thereof so vacated pursuant to such petition shan not be longer than the distance intervening between any two adjacent intersecting streets. If any street, segment, or portion thereof proposed to be vacated terminates at or abuts upon any public water, the petitioners shall serve notice of the petition by certitìed mail upon the commissioner of natural resources at least 30 days before the council hearing on the matter. The notice under this subdivision is for notification purposes only and does not create a right of interven- tion by the commissioner of natural resources. Subd. 3. Cenifted copy of resolution to be filed. Such action of such council may be taken at any regular or special meeting duly called for such purpose and shall be by resolution, and a copy of the resolution duly certified by the city clerk shall be recorded in the office of the county recorder in the county where such city is located before the action shall be effective. Subd. 4. Not to interfere with special improvements. The vacation of any street or segment thereof under this section shall not destroy or interfere with the right of any person, corporation, or municipality owning or having control of any electric light or telephone pole or lines existing upon such street at the time of the vacation thereof or with any sewer or water pipes, mains or hydrants thereon or thereunder to enter upon such street or portion thereof vacated for the purpose of repairing the same or otherwise attending thereto. History~ 1945 c 224; 196$ c 45 s 59; 1976 c 44 s 42; 1976 c 181 s 2; 1989 c 183 s 6 440.14 CONTRACTS FOR LIGHTING STREETS. In all cities of the first class, the council may award, enter into, and let contracts for lighting the city streets, parks, and other public places, or either or any of the same, for any term not exceeding two years under anyone contract. It shall not be necessary, b,efore awarding or entering into such contracts, that provision by budget appropria- tions or otherwise shall first have been made to meet the indebtedness incurred by these contracts, but provision for meeting the obligation or indebtedness may be made after the !ettíng of the contracts. History~ (1479) 1911 c 179 s 1