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POLICY NUMBER 1.150 <br />VACATION OF CITY PROPERTY <br />I. PURPOSE AND NEED FOR POLICY <br />The purpose of this policy is to provide guidelines to determine whether unneeded city - <br />owned property should be sold or rented, or disposed of by vacation at no cost to abutting <br />property. <br />II. POLICY <br />Where city -owned property is to be disposed of, a determination must first be made whether <br />it is feasible or prudent to sell or rent the property. If sale or rental is desirable then said <br />disposition shall be accomplished in accordance with Policy 1.130. <br />If any of the following criteria are met then consideration should be given to sale of the <br />property: <br />A. If city funds were expended to purchase the property originally. <br />B. The parcel is of sufficient size to be buildable under city ordinance. <br />C. By addition to an existing parcel, the land becomes buildable under city ordinance. <br />If none of these criteria are met, then the city -owned property may be disposed of or <br />vacated at no cost. <br />III. PROCEDURE <br />A. Vacation of city -owned property may be initiated by petition from at least 50% of the <br />abutting landowners or by the City of Burnsville. <br />B. A public hearing pursuant to State Statute to consider the proposed vacation <br />including the appropriate legal notices shall be conducted by the City Council. <br />C. If a majority of the Council members present approve, a resolution vacating the <br />legally described property must be adopted. <br />D. If the vacation proceedings are initiated by petition, the administrative fee as defined <br />in Policy 5.310 shall be paid by the petitioner prior to scheduling the required public <br />hearing. <br />E. The City shall record the vacation resolution with the county. <br />IV. RESPONSIBILITY <br />A. The appropriate department head shall make a determination whether the excess <br />land shall be sold, rented, or disposed of at no cost, in accordance with established <br />city policy. Said determination shall be approved by the City Council. <br />B. If the property is to be disposed of at no cost; the appropriate department shall <br />schedule a vacation public hearing and cause the proper legal notices to be <br />published. <br />