Chapter 15 Listing of Uncoded Ordinances in Effect

LISTING OF UNCODED ORDINANCES IN EFFECT

All ordinances described in this Chapter remains in effect after adoption of the City Code. Since the text of these ordinances has no continuing reference value, they are listed here only to facilitate finding them in the event this becomes necessary. Listings are grouped according to subject matter.

ANNEXATIONS

ORDINANCE NO. 45

Passed and adopted February 11th, 1955.

That part of the North one-half of Southwest Quarter (N 1/2 of the SW 1/4) of Section Thirteen (13) Township One Hundred Nine (109), Range 40 beginning at the Southwest corner of said North half, running thence North 20 rods along said section line to a point, thence East 16 rods to a point, thence South 20 rods to a point on the south line of said North half, thence West 16 rods along the South line of said North half to the point of beginning.

ORDINANCE NO. 46

Passed and adopted January 23, 1956.

Beginning at a point which is 1320 feet east of the Northwest corner of Section twenty-four (24), Township One Hundred Nine (109) North, Range Forty (40) West, and 33 feet South of the center line of Trunk Highway 14 as now laid out and constructed, and thence running East along the Southerly right of way line of Trunk Highway 14, a distance of 80 feet; thence in a Southerly direction and at right angles to the center line of Trunk Highway 14, a distance of 17 feet; and thence running East along the Southerly right of way line of Trunk Highway 14, a distance of 479 1/2 feet thence in a Southerly direction at an interior angle of 88 degrees 33 minutes a distance of 780 1/2 feet; thence in a Westerly direction at an interior angle of 92 degrees 15 minutes, a distance of 540 feet; thence in a Northerly direction at an interior angle of 88 degrees 50 minutes a distance of 805 feet to the place of beginning containing nine and ninety-three hundredths (9.93) acres, more or less.

ORDINANCE NO. 47

Passed and adopted October 22, 1956.

Beginning at a point 33 feet North and 66 feet East of the Northeast corner of Lot seven (7) Block two (2) Henning Addition. Thence East along the North line of the Southwest Quarter, Section 24, Township 109, Range 40, a distance of 150 feet, thence South and parallel to the East line of 2nd Street East a distance of 128.5 feet, thence West and parallel to the said quarter line described above, a distance of 150 feet then North a distance of 128.5 feet to the point of beginning.

ORDINANCE NO. 48

Passed and adopted August 29, 1956.

Beginning at a point on the East City limits 400.5 feet East of Southeast corner of Lot One Park Addition measured along the North line of East Hollett Street extended and 17 feet North. Thence Easterly along line fence a distance of 540 feet to a point 23 feet North of said North line of Hollett Street extended, thence South a distance of 969.3 feet to a point on the South line of Elm Street extended thence Westerly along said South line of Elm Street a distance of 540 feet to intersect with present East City limits, thence Northerly along said East City limits to a point 961.8 feet to the point of beginning.

ORDINANCE NO. 51

Passed and adopted March 28, 1960.

Beginning at a point at the Southeast corner of Lot Five (5), Block Two (2), Sunrise Addition thence Easterly on a line parallel to the North line of State Street extended a distance of 540 feet; thence Southerly on a line parallel to the East line of Sunrise Addition a distance of 448.3 feet; thence Westerly along the South line of the Southeast quarter of the Northwest quarter of Section Twenty-four (24) Township One hundred Nine Northerly along the East line of Sunrise Addition a distance of 446 feet to the point of beginning.

ORDINANCE NO. 69-A

Passed and adopted June 22, 1964.

That part of the Southwest Quarter (SW1/4) of Section Fourteen (14), Township One hundred nine (109) North, Range Forty (40) west of the Fifth Principal Meridian, described by metes and bounds as follows: Starting at a point Four hundred thirty-three (433) feet East and thirty-three (33) feet North of the Southwest corner of said Southwest Quarter (SW1/4), thence running North at right angles a distance of Two hundred seventeen and eight-tenths (217.8) feet, thence running East at right angles a distance of Three hundred (300) feet, then running South at right angles a distance of Two hundred seventeen and eight-tenths (217.8) feet, thence running West at right angles a distance of Three hundred (300) feet to the point of beginning.

ORDINANCE NO. 71

Passed and adopted October 12, 1964.

All that part of the Southwest Quarter (SW1/4) of Section Fourteen (14), Township One hundred nine (109) North, Range Forty (40) West, described as follows: Beginning at a point Twelve hundred ninety and three-tenths (1290.3) feet East and Fifty (50) feet North of said corner of said Southwest Quarter of Section 14, Township 109 North, Range 40 West; thence proceed in an Easterly direction for a distance of Two hundred eighty-seven (287) feet; thence turn angle Ninety degrees (90 degrees) to left and proceed in a Northerly direction for a distance of One hundred fifty-one and five-tenths (151.5) feet; thence turn delta angle of twenty-two degrees forty-five minutes (22 degrees 45 minutes) to left and proceed in a Northwesterly direction for a distance of Two Hundred eighteen (218) feet and turn delta angle of sixty-seven degrees fifteen minutes (67 degrees 15 minutes) to left and proceed in a Westerly direction for Two Hundred three and five-tenths (203.5) feet; thence turn angle of Ninety degrees (90 degrees) to left, and proceed in a Southerly direction for distance of Three hundred fifty (350) feet, to point of beginning, containing 2.1 acres of land, more or less.

ORDINANCE NO. 72

Passed and adopted November 23, 1964.

Beginning at a point Five hundred forty (540) feet East of the Southwest Corner of Lot five (5), Block Two (2), of Sunrise Addition, thence East along the North line of State Street extended a distance of Three hundred forty (340) feet; thence South and parallel to the East line of Sunrise Addition a distance of Four hundred forty-nine and eight-tenths (449.8) feet; thence Westerly along the South line of the Southeast Quarter of the Northwest Quarter of Section Twenty-four (24), Township One hundred nine (109) North, Range Forty (40) West, a distance of Three hundred forty (340) feet; thence North on a line parallel to Sunrise Addition a distance of Four hundred forty-eight and three-tenths (448.3) feet to the point of beginning and consisting of 3.5 acres.

ORDINANCE NO. 86

Passed and adopted July 10, 1967.

The Northwest Quarter (NW 1/4), excepting therefrom the Calvary Cemetery grounds, and the North Half (N 1/2) of the Southwest Quarter (SW 1/4), all in Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian.

ORDINANCE NO. 91

Passed and adopted March 11, 1968.

All that part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Fourteen (14), Township One hundred nine (109), Range Forty (40) Lyon County, Minnesota, included in and bounded as follows: Beginning at a point Thirty-three (33) feet North and Thirty-three (33) feet East of the Southwest corner of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section 14, thence East along the North line of the highway a distance of One hundred (100) feet; thence at right angles North a distance of Two Hundred seventeen and eight-tenths (217.8) feet; thence at right angles West and parallel to the first named course a distance of One hundred (100) feet, to the East line of the highway; thence at right angles South and along said East line of highway a distance of Two hundred seventeen and eight-tenth (217.8) feet to the point of beginning; and containing one-half (1/2) acre.

ORDINANCE NO. 92

All that part of the South half of the Southwest Quarter (SW 1/2 SW 1/4), of Section Fourteen (14), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian, described as follows: Commencing at a point on the South line of the said Section line of said Southwest Quarter (SW 1/4), 133 feet East of the Southwest corner of said Section, running thence North at right angles a distance of 250.08 feet; thence East at right angles 300 feet; thence South at right angles 250.08 feet to the South boundary line of said Section; thence West along the South boundary line of said Section a distance of 300 feet to the point of beginning.

ORDINANCE NO. 95

Passed and adopted April 8, 1968.

The North half (N 1/2) of the Southwest Quarter (SW 1/4) and the Northwest Quarter (NW 1/4), all in Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian, excepting therefrom all that part of the Northwest Quarter (NW 1/4) of Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian bounded as follows, to wit: Commencing at a point in the North line of said Northwest Quarter (NW 1/4) of Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian, a distance of 1801.8 feet East of the Northwest corner of said Northwest Quarter (NW 1/4), thence South at right angles a distance of 570.62 feet, thence East at right angles a distance of 486.62 feet, thence West at right angles a distance of 486.62 to the point of beginning, the same being owned by the Church of St. Mary of Tracy, Minnesota, a corporation.

ALSO

The Easterly Six and eighty-eight one hundredths (E'ly 6.88) acres of the Southwest Quarter (SW 1/4 SW 1/4) of Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian, excepting therefrom the following tract of land described as follows: Beginning at the Southwest corner of said Section Thirteen (13), and continuing East one thousand ninety-three (1093) feet to the point of beginning; thence continuing East along said Section line One hundred twenty (120) feet; thence North at right angles One hundred ninety (190) feet, thence West at right angles One hundred twenty (120) feet, thence South at right angles One hundred ninety (190) feet to the point of beginning.

ALSO

The Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of said Section Thirteen (13), Township One hundred nine (109) North, Range forty (40) West of the Fifth Principal Meridian, excepting therefrom the following described tracts, to-wit:Tract 1: Three (3) acres in the Southeast corner of said tract, said three (3) acres being thirty-two (32) rods long North and South and Fifteen (15) rods wide East and West, and Tract 2: Commencing on the South line of said Section Thirteen (13) at a point Fifteen (15) rods West of the Southeast Corner of the Southwest Quarter (SW 1/4) of said Section; running thence North in a straight line for a distance of Two hundred fifty (250) feet; thence West parallel with the South line of said Section for a distance of One hundred (100) feet; thence to right angles South for a distance of Two hundred fifty (250) feet to the South line of said Section; thence East for a distance of One hundred(100) feet to the place of beginning, and Tract 3: A tract containing .17 acres described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) and running thence North along the East line thereof a distance of Seven hundred forty (740) feet; thence West and at right angles to said East line a distance of Thirty-three (33) feet to the actual point of beginning; thence continuing West and at right angles to said East line a distance of One hundred (100) feet; thence North and parallel to said East line a distance of Seventy-five (75) feet; thence East and at right angles to said East line a distance of One hundred (100) feet; thence South and parallel with said East line a distance of Seventy-five feet to the point of beginning.

ALSO

The Northeast Quarter (NE 1/4) of Section Thirteen (13), Township One hundred nine (109) North, Range Forty West of the Fifth Principal Meridian.

ORDINANCE NO. 96

Passed and adopted May 27, 1968.

A tract of land in the Southeast Quarter of Southwest Quarter (SE 1/4 SW 1/4) of Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) and running thence North along the East line thereof a distance of Seven Hundred forty (740) feet; thence West and at right angles to said East line a distance of Thirty-three (33) feet to the actual point of beginning; thence continuing West and at right angles to said East line a distance of One hundred (100) feet; thence North and parallel with said East line a distance of Seventy-five (75) feet to the point of beginning, said tract containing .17 acres.

ORDINANCE NO. 97

Passed and adopted June 10, 1968.

A part of the Easterly 6.88 acres of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW1/4), of Section Thirteen (13), Township One hundred nine (109) North, Range Forty (40) West of Fifth Principal Meridian, described by metes and bounds as follows, to-wit: Beginning in the Southwest corner of said Section Thirteen (13) and continuing East One thousand ninety three (1093) feet to the point of beginning; thence continuing East along said section line One hundred twenty (120) feet; thence North at right angles One hundred Ninety (190) feet, thence West at right angles One hundred twenty (120) feet, thence South at right angles One hundred ninety (190) feet to the point of beginning.

ORDINANCE NO. 98

Passed and adopted July 22, 1968.

Beginning at point on the South line of Elm Street and which point is 132.5 feet East of the intersection of the South line of Elm Street and the East line of Third Street East in the City of Tracy, Minnesota, thence South and at right angles a distance of 408.2 feet to the North line of State Street; thence East and at right angles along the North line of State Street 140 feet to the West line of Fourth Street East; thence north and at right angles along the West line of Fourth Street East a distance of 408.2 feet to the South line of Elm Street; thence West and at right angles along the South line of Elm Street a distance of 140 feet to the point of beginning, and including all legal highways and streets adjoining thereto.

ORDINANCE NO. 99

Passed and adopted July 8, 1968.

Commencing at the Southwest corner of Block Two (2) of O'Brien's Addition to the City of Tracy, Minnesota; thence South a distance of 474.2 feet to a point on the extension Southerly of the East line of Fourth Street East; thence Westerly at right angles a distance of 60 feet; thence Northerly and along the extension line Southerly of the West line of Fourth Street East a distance of 474.2 feet to the Southeast corner of Block One (1) of O'Brien's Addition to the City of Tracy, Minnesota; thence Easterly to the point of beginning.

ORDINANCE NO. 119

Passed and adopted December 13, 1971.

All that part of the South half of the Southwest Quarter (S 1/2 SW 1/4), Section Fourteen (14), Township One hundred nine (109), Range Forty (40), lying South and East of the following described lines: Beginning at a point 1290.6 feet East of the Southwest corner of said Southwest Quarter (SW 1/4); thence North 271.6 feet, to a point; thence East, parallel to the South line of said Southwest Quarter (SW 1/4), and there terminating, excepting those parts thereof already annexed to the City of Tracy, Lyon County, Minnesota.

ORDINANCE NO. 137

Passed and adopted December 13, 1976.

Whereas the following legally described property is 60 percent or more bordered by the City of Tracy: Commencing at the Southeast Corner of Lot 5, Block 1, O'Brien's Second Addition to the City of Tracy, Minnesota; thence North 89 degrees 16 minutes East, assumed bearing, along the North line of State Street 60 feet to the point of beginning; thence continuing North 89 degrees 16 minutes East along said North line of State Street 340 feet; thence North 00 degrees 00 minutes East, 408.20 feet to the South line of Elm Street; thence South 89 degrees 16 minutes West along said South line of Elm Street 340 feet to the East line of Fourth Street East; thence South 00 degrees 00 minutes East along said East line of Fourth Street East 408.20 feet to the point of beginning.

ORDINANCE NO. 320

Passed and adopted February 13th, 2017.

WHEREAS, the Hospice of Murray County (hereinafter, “Hospice”) owns real property legally described as:

All that part of the East Half (E½) of the Northwest Quarter (NW¼) of Section Twenty-Four (24), Township One Hundred Nine (109) North, Range Forty (40) West, in the City of Tracy, Lyon County, Minnesota, being more particularly described as follows:

Beginning at a point 540 feet east of the southeast corner of Lot 5, Block 2 of Sunrise Addition, to the City of Tracy; thence North 89 degrees 04 minutes 34 seconds East, bearing based on Lyon County Coordinate System, along the north line of State Street extended, a distance of 165.00 feet; thence North 00 degrees 10 minutes 30 seconds West a distance of 280.00 feet; thence South 89 degrees 04 minutes 34 seconds West 165.00 feet, to a point on the east line of 5^th Street; thence South 00 degrees 10 minutes 30 seconds East, along said east line, a distance of 280.00 feet, to the point of beginning.

WHEREAS, the above-referenced real property is not within the City’s boundaries, but adjoins or abuts the City’s boundaries;

WHEREAS, the above-referenced real property is 120 acres or less;

WHEREAS, the above-referenced real property is unincorporated;

WHEREAS, the above-referenced real property is not located within a flood plain or shoreland area;

WHEREAS, the above-referenced real property was previously used for agricultural farming and the Hospice is intending on building and operating a hospice facility on the above-referenced real property;

WHEREAS, annexation is required to provide city utilities to the above-referenced real property;

WHEREAS, the City received a petition for annexation from all the property owners of the above-referenced real property;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2(3), the City is authorized to annex the above-referenced real property by ordinance;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2b, the City held a public hearing on the proposed ordinance on _February, 13__, 2017 at 6:45 p.m. after giving thirty (30) days written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed;

WHEREAS, no objections were raised by the town or towns affected by the proposed ordinance;

WHEREAS, Monroe Township, the town affected by the proposed ordinance, submitted a written letter to the City approving and supporting the proposed ordinance and annexation;

WHEREAS, provisions of Minn. Stat. 414.033 Subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality.

WHEREAS, after considering all factors surrounding the proposed ordinance, the City finds that the proposed ordinance and annexation is in the City’s best interests;

NOW THEREFORE, the City of Tracy does ordain:

1. The City Council hereby determines that the real property as hereinafter described abuts the city limits and is or is about to become urban or suburban in nature in that its use is being proposed for construction which requires or will need city services, including public sewer facilities.

2. None of the real property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325.

3. The corporate limits of the City of Tracy, Minnesota, are hereby extended to include the following described real property, said real property abutting the City of Tracy and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, to wit:

4. That the City Clerk of the City of Tracy is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Lyon County Auditor, and the _Monroe___Township Clerk.

5. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings.

ORDINANCE NO. 322

Passed and adopted February 13th, 2017.

WHEREAS, the City of Tracy (hereinafter, “City”) owns real property legally described as:

The Southeast Quarter of Section 12, Township 109 North, Range 40 West, Lyon County, Minnesota, EXCEPT that part of said Southeast Quarter described as follows:

Commencing at the southeast corner of the Southeast Quarter of said Southeast Quarter; thence South 88 degrees 42 minutes 24 seconds West (assumed bearing) on the south line of said Southeast Quarter, 412.50 feet to the point of beginning; thence South 88 degrees 42 minutes 24 seconds West on said south line, 544.50 feet; thence North 01 degrees 17 minutes 36 seconds West, at right angles, 400.00 feet; thence North 88 degrees 42 minutes 24 seconds East, at right angles and parallel with said south line, 544.50 feet; thence South 01 degrees 17 minutes 36 seconds East, at right angles, 400.00 feet to the point of beginning.

ALSO EXCEPT

The East 919.00 feet of the Southeast Quarter of Section 12, Township 109 North, Range 40 West, Lyon County, Minnesota.

WHEREAS, the above-referenced real property is not within the City’s boundaries, but adjoins or abuts the City’s boundaries;

WHEREAS, the above-referenced real property is 120 acres or less;

WHEREAS, the above-referenced real property is unincorporated;

WHEREAS, the above-referenced real property is not located within a flood plain or shoreland area;

WHEREAS, the above-referenced real property is currently being used for agricultural farming and the City is intending to build a wastewater treatment pond on the above-referenced real property to improve the water service within the City;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2(1), the City is authorized to annex the above-referenced real property by ordinance;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2b, because the City owns the real property proposed to be annexed by this ordinance, no public hearing or notice is required;

WHEREAS, after considering all factors surrounding the proposed ordinance, the City finds that the proposed ordinance and annexation is in the City’s best interests;

NOW THEREFORE, the City Council of the City of Tracy, Minnesota, ordains:

2. None of the real property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325.

The Southeast Quarter of Section 12, Township 109 North, Range 40 West, Lyon County, Minnesota, EXCEPT that part of said Southeast Quarter described as follows:

ALSO EXCEPT

The East 919.00 feet of the Southeast Quarter of Section 12, Township 109 North, Range 40 West, Lyon County, Minnesota.

5. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings.

ORDINANCE NO. 327

AN ORDINANCE RE-PEALING ORDINANCE NO. 324The City of Tracy hereby re-peals the following Ordinance originally passed on November 23, 2015:ORDINANCE NO. 324 AN ORDINANCE PROVIDING FOR FUNDING OF CERTAIN UTILITY CONNECTIONS

The City of Tracy does ordain:

SECTION 1. The City periodically undertakes utility projects that may require residential customers of City utility services to reroute utility lines, or to install new lines, all at significant expense to the customer. In addition, City Code §6.18 prohibits certain discharges of storm, surface and ground water into the sanitary sewer system of the City, with provisions to require remedial measures at the cost of the property owner involved. In order to assist in alleviating the burden of paying such expense all at once, the City Council finds it would be in the public interest to provide a program by which such expense can be paid for, as to certain residential properties, by the City, to be repaid over time thereafter by the benefiting customer, property owner and/or their successors. City Code provisions are necessary or desirable to set forth the procedures and parameters by which such a program may be put in place.

SECTION 2. A new §6.13 is added to the Tracy City Code the same to read as follows:

SECTION 6.13 ASSISTING RESIDENTIAL UTILITY CUSTOMERS WITH REQUIRED WORK

Subd. 1. Property Owners of Residential Property in the City may be eligible for financial assistance as to Reimbursable Expenses related to Customer Utility Lines installed as a part of an Eligible Utility Project in accordance with the provisions of this Section.

Subd. 2. The following definitions shall apply to terms used in this Section:

“Street sub-drain” is a pipe or line placed in or near a City right-of-way that is used to assist in the drainage of water that may enter the area underneath the right-of-way, and which may also be used or installed to allow neighboring properties to connect thereto for the purpose of draining rain, melted snow or ground water from said neighboring property.
“Property Owner” shall mean one or more natural persons that possess legal title to a described parcel of real property or who are purchasing such a parcel pursuant to a recorded contract for deed.
“Residential Property” shall mean real estate with a one or two family residence structure thereon located in the City and which is used as a primary residence by a Property Owner. It shall include real estate with a residential housing structure occupied by a Property Owner as his or her primary residence even if a part of the structure is occupied by not more than one other person and his or her family as his, her or their residence and who occupy same with the permission of the Property Owner. It shall exclude real estate, such as apartment houses and rental homes, where either the Property Owner does not reside thereon or where more than one person and his or her family who are not the Property Owners reside thereon.
“Eligible Utility Project” shall mean construction projects undertaken by the City where installation or replacement of water lines, sanitary or storm sewer lines, and/or street sub-drains is a part of the construction work done. It shall also include situations contemplated under Tracy City Code §6.18 where a Property Owner of Residential Property has been placed under a Notice of Correction or other requirement from the City to install a storm, surface or ground water discharge line that will be connected to a City storm sewer or street sub-drain.
“Reimbursable Expenses” are those costs incurred by a Property Owner to install new lines or reroute old lines that are Customer Utility Lines, where the new or rerouted lines are attached to potable water lines/mains, storm sewer lines, sanitary sewer lines or street sub-drains.Reimbursable

Expenses shall not include the detachment and reattachment of any such lines where such detachment and reattachment occurs in essentially the same location and was done merely to detach and reattach a line from another line that was being replaced by the City. Reimbursable Expenses shall also not include any costs for landscaping associated with any work done; costs for any work associated with utilities (such as gas, electric or cable TV) that are not operated by the City; costs incurred for repairs to any existing infrastructure; and costs incurred for maintenance or repair of infrastructure after the initial infrastructure installation of the new or rerouted lines. Reimbursable Expenses must be reasonable in relation to the actual work done, and excessive expenses or expenses where the charges involved are excessive or exceed those that would customarily be charged by a plumber or other professional are not within the definition of Reimbursable Expenses. Reimbursable Expenses must be incurred during or as a part of an Eligible Utility Project, and have been required by the action or insistence of the City.

“Customer Utility Line” shall include lines or pipes owned by a Property Owner and not owned by the City, which service Residential Property and which are used to deliver potable water from City water mains, remove wastes to a City sanitary sewer or to remove storm, surface or ground water to a City storm sewer or street sub-drain.

Subd. 3. The procedure outlined below shall be followed by a Property Owner seeking payment from the City of Reimbursable Expenses:

The Property Owner shall provide such information to the City as will enable the City to adequately review the eligibility of the Reimbursable Expenses for payment. The City Administrator will prepare such forms as may be desirable for completion by a Property Owner seeking to obtain payment of Reimbursable Expenses.
The Property Owner will provide to City a copy of the recorded deed by which the Property Owner obtained title to the Residential Property that will benefit from the work to which the Reimbursable Expenses pertain, or in situations where the Property Owner is purchasing the subject Residential Property on a contract for deed, then a copy of the recorded contract for deed and the name(s) and contact information of the persons or parties then holding the rights of the seller under the contract for deed involved.
The Property Owner will list all liens, mortgages or other encumbrances against the Residential Property that will benefit from the work to which the Reimbursable Expenses pertain, and will assert in writing that any such list constitutes a complete and accurate list of all such liens, mortgages and/or encumbrances.
The Property Owner will provide a written estimate from a City-licensed plumber outlining the work to be done, the date or dates when the work will be done and the cost of completing such work. The City will review such estimate to ascertain that it covers all necessary work to be done and that the proposed charges for the work are reasonable and customary.
Any financial assistance or payments provided by the City under this Section are to be repaid by the Property Owner. It is the intent of this Section that no financial assistance or payments are to be extended that do not require repayment. Accordingly, a Property Owner seeking payment of Reimbursable Expenses shall execute such documents and otherwise comply with the procedures stated in this Section dealing with repayment of assistance or payments made.

Subd. 4. Payment by the City of any expenses, even if Reimbursable Expenses, will be declined in the following circumstances:

Where the Property Owner owes any amounts to the City, and is delinquent in payment thereof.
Where the Residential Property involved has any real estate tax payments that are past due,or where such property has delinquent charges for utilities or other matters associated with it.
Where the expenses are not incurred as part of an Eligible Utility Project.
Where one or more liens, mortgages or other encumbrances exist as to, or upon, the Residential Property, and the holder of such lien, mortgage or encumbrances declines to execute a written consent to allow any lien of the City for funds advanced to pay Reimbursable Expenses to have priority over the lien, mortgage or encumbrance of such holder.
Where the Property Owner is a buyer under a contract for deed and all of the holders of the sellers' rights under said contract fail to execute a written consent to allow any lien of the City for funds advanced to pay Reimbursable Expenses to have priority over the rights of the seller under the contract for deed.
Where the total expenses involved do not exceed$400.
Where the expenses were incurred by the Property Owner doing the work involved himself or herself, or where incurred by a plumber or other party not licensed by the City.
Where the work was done and/or the expense for it was incurred prior to the request being made to the City for payment of the expenses.
Where the Property Owner is a corporation or other party who is not a natural person.
Where the Residential Property involved is the subject of:
Any hazardous building order or procedure, where the named hazards have not be rectified.
Any public nuisance action by the City, including but not limited to police notices to abate a nuisance and court actions in the name of the City or state claiming public nuisances involving the Residential Property, where the nuisance has not been abated.
Any compliance order or other enforcement activity under Tracy City Code §§3.32 or 6.18,or any building, housing, electrical or plumbing code provisions effective in the City, where any outstanding defects or deficiencies have not be rectified. The provisions of this subparagraph 3 shall not be applicable where the work to be done will rectify in its entirety all defects or deficiencies toward which the compliance order or enforcement activity was directed.
Any foreclosure action or procedure involving the cancellation of a contract for deed pertaining to the Residential Property.

Subd. 5. In all events, it will be the responsibility of the Property Owner to select and hire a City- licensed plumber to undertake the work for which financial assistance is to be sought from the City. The City will neither do the work needed nor will the City hire or select a plumber for the Property Owner. The City reserves the right to monitor or inspect any work done by the plumber hired by the Property Owner in order to verify that the work for which financial assistance will be sought from the City is actually completed, done in a workman-like manner and finished in accordance with any applicable laws, regulations or building/plumbing codes; provided, however, that any such monitoring or inspection shall be done for the sole benefit of the City and shall not constitute any warranty or guarantee to the Property Owner or any other party as to the quality or quantity of work done.

Subd. 6. After review of an application or request for payment by the City of Reimbursable Expenses, payment may be authorized by the City Administrator, and payment and repayment shall occur in accordance with the following procedures:

The City Administrator shall issue a written approval of the work to be done, name the plumber to do it and specify the amount of payment to be made by the City. Unless changed in writing approved by the Property Owner, plumber and the City, the work will proceed in accordance with the written estimate provided under Subd. 3D, above, and when contracted for by the Property Owner with the plumber.
When the City has verified that the work to be done has been properly and fully completed, payment of the authorized sum will be made by the City to the plumber involved. Under no circumstances will partial or any advance payments be made to the plumber, nor will any payment be made to the Property Owner.

Subd. 7. In addition to any requirements specified elsewhere in this Section, a Property Owner seeking payment of Reimbursable Expenses shall comply with the following requirements:

Before or at the time that payment is made by the City pursuant to Subd. 6B, above, the Property Owner shall execute a promissory note promising to repay to the City all amounts paid by the City.
The terms and provisions of said note in situations where the amount to be repaid exceeds $1,000, shall include, but not necessarily be limited to, the following:
All Property Owners must sign the note. The spouses of all Property Owners must sign the note.
The amount to be repaid will be specified, and will be repaid with interest at a rate set by the City Council for each Eligible Utility Project, which rate of interest shall not be less than 4% per annum. Payments for repayment shall be in equal amounts due monthly, with each payment being either: a) not less than $40 per month with interest included, or b) in an amount which will pay off the repayment due within a period of not more than 36 months, whichever method shall result in the earlier repayment of the total amount due. Under no circumstances will the period of repayment exceed 36 months.
The Property Owner will consent to and sign all necessary documents allowing the City to place and record a mortgage against the Residential Property for the amount of any repayment to be made. The Property Owner will waive all rights to a homestead exemption in connection with such mortgage. The Property Owner will consent to the City assessing the repayment amount to the real estate taxes for the Residential Property if there is a default in repayment of the note; if the City elects to so assess the amount involved, it shall be assessed in one lump sum equal to the amount unpaid.
The Property Owner will agree that if the Residential Property involved is sold, conveyed or otherwise transferred before full repayment has been made, that full repayment of the amount previously paid by the City shall be immediately due and payable upon such sale, conveyance or transfer.
The Property Owner will agree that if the Property Owner dies (if multiple persons are Property Owners, then if all of them die) before full repayment has been made, that full repayment of the amount previously paid by the City shall be immediately due and payable upon the death of the Property Owner (or, upon the death of the last of multiple Property Owners) to die.
The terms and provisions of said note in situations where the amount to be repaid does not exceed $1,000, shall include, but not necessarily be limited to, the following:
All Property Owners must sign the note. The spouses of all Property Owners must sign the note.
The amount to be repaid will be specified, and will be repaid with interest at a rate set by the City Council for each Eligible Utility Project, which rate of interest shall not be less than 4% per annum.
The Property Owner will consent to the City assessing the repayment amount to the real estate taxes for the Residential Property; the repayment amount shall be assessed and be spread over a period not to exceed three years so as to result in repayment substantially in accord with the time frames specified in subparagraph B2,above.
As an alternative to assessing the amount due to the property taxes at the outset, the Property Owner may elect to have a mortgage placed on the Residential Property, in which case the provisions set forth in subparagraph B, above, shall be followed.
In cases where a mortgage is to be recorded as part of the repayment process, the Property Owner shall pay, before any disbursement of funds is made, the costs to record the mortgage and for any mortgage registry tax thereon.
Recordable consents, and payment of any recording fees to record same, are provided from all holders of liens and encumbrances and all persons holding rights as contract for deed sellers as referenced in Subd. 4 D and E,above.

Subd. 8. Any person providing inaccurate or incorrect information to the City in any manner as a part of a process of seeking payment by the City under this Section shall be guilty of a misdemeanor whether or not any payments are actually made by the City.

Subd. 9. The City Council may, by resolution, declare that expenses to be incurred in any upcoming Eligible Utility Project shall not be eligible for payment or reimbursement from the City, in which case the provisions of this Section shall not apply to such expenses.

Passed and adopted by the Tracy City Council on 10 April 2017.

ORDINANCE NO. 364

AN ORDINANCE ANNEXING PROPERTY TO THE CITY OF TRACY

WHEREAS, the Tracy Development Corporation, P.O. Box 1013, Tracy, Minnesota 56175 (hereinafter, “TDC”) owns real property in Lyon County, Minnesota legally described as: That part of the Southwest Quarter (SW¼) of Section Fourteen (14), Township One Hundred Nine (109), Range Forty (40), described by metes and bounds as follows, to wit: Starting at a point Four Hundred Thirty-three feet (433’) East and Thirty-three Feet (33’) North of the Southwest corner of said Southwest Quarter, running thence North at right angles a distance of Two Hundred Seventeen and Eight-tenths Feet (217.8’), running thence East at right angles a distance of Three Hundred Feet (300’), thence South at right angles a distance of Two Hundred Seventeen and Eight-tenths Feet (217.8’), thence West at rights angles a distance of Three-Hundred Feet (300’) to the point of beginning. (hereinafter, “annexed property”),

WHEREAS, the annexed property is not within the City’s boundaries, but adjoins or abuts the City’s boundaries;

WHEREAS, the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available;

WHEREAS, the annexed property is 1.03 acres;

WHEREAS, the annexed property is unincorporated;

WHEREAS, the annexed property is not located within a flood plain or shoreland area;

WHEREAS, annexation is required to provide city utilities to the annexed property;

WHEREAS, the City received a petition for annexation from all the property owners of the annexed property;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2(3), the City is authorized to annex the annexed property by ordinance;

WHEREAS, pursuant to Minn. Stat. 414.033, subd. 2b, the City held a public hearing on the proposed ordinance on January 22, 2018 at 6:45 p.m. after giving thirty (30) days written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed;

WHEREAS, no objections were raised by the town or towns affected by the proposed ordinance;

WHEREAS, reimbursement of the property taxes to the Township shall be based on the property taxes collected by the Township in the last year it collected taxes on the annexed property, in a total amount equivalent to that payable under Minn. Stat. 414.033, subd.12 and Minn. Stat. 414.036.

WHEREAS, pursuant to Minn. Stat. 414.036, there are no outstanding special assessments or debts incurred for special assessments attributable to or assigned by the Township to the annexed property;

WHEREAS, provisions of Minn. Stat. 414.033, subd. 13 are not applicable in that there will be no change in the electric utility service provider resulting from the annexation of the territory to the municipality;

WHEREAS, after considering all factors surrounding the proposed ordinance, the City finds that the proposed ordinance and annexation is in the City’s best interests;

NOW THEREFORE, the City of Tracy does ordain:

2. None of the real property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325.

3. Reimbursement of the property taxes to the Township shall be based on the property taxes collected by the Township in the last year it collected taxes on the above-referenced real property, in a total amount equivalent to that payable under Minn. Stat. 414.033, subd.12 and Minn. Stat. 414.036.

4. The corporate limits of the City of Tracy, Minnesota, are hereby extended to include the following described real property, said real property abutting the City of Tracy and being 120 acres or less in area, and is not presently served by public sewer facilities or public sewer facilities are not otherwise available, to wit:

That part of the Southwest Quarter (SW¼) of Section Fourteen (14), Township One Hundred Nine (109), Range Forty (40), described by metes and bounds as follows, to wit: Starting at a point Four Hundred Thirty-three feet (433’) East and Thirty-three Feet (33’) North of the Southwest corner of said Southwest Quarter, running thence North at right angles a distance of Two Hundred Seventeen and Eight-tenths Feet (217.8’), running thence East at right angles a distance of Three Hundred Feet (300’), thence South at right angles a distance of Two Hundred Seventeen and Eight-tenths Feet (217.8’), thence West at rights angles a distance of Three-Hundred Feet (300’) to the point of beginning.

5. That the City Clerk of the City of Tracy is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Lyon County Auditor, and the Monroe Township Clerk.

6. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings.

PASSED BY THE CITY COUNCIL OF THE CITY OF TRACY, MINNESOTA THIS 22nd DAY OF JANUARY, 2018.

SALE OF LAND

ORDINANCE NO. 134

Passed and adopted April 12, 1976.

SECTION 1. That pursuant to Section 12.02 of the City Charter of the City of Tracy, Minnesota, the sale of real property owned by the municipality shall be authorized by ordinance.

SECTION 2. That the City of Tracy is the owner of record of a parcel of real property described as follows:

The Southerly Thirty-Eight (38) feet of Lots Twenty-Three (23) through Twenty-Nine (29) inclusive, of Block Six (6) of the Original Plat of the City of Tracy.

SECTION 3. That the City Council passed a resolution (No. 1976-24) declaring said property no longer necessary for any public purpose.

SECTION 4. That the sale of said property described in Section 2, of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interests require. The City Council may by resolution and upon proper notification, sell said real property on a bid basis, with the right to reject any and all such bids. The City Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development plans and guidelines.

ORDINANCE NO. 147

Passed and adopted February 27, 1978.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

Lot Seven (7), Tracy Industrial Park, Second Addition to the City of Tracy, Minnesota.

SECTION 2. That the sale of said property described in Section 1, of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interests require. The City Council may, by resolution and upon proper notification, sell said real property on a bid basis, with the right to reject any and all such bids. The Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development plans and guidelines.

ORDINANCE NO. 151

Passed and adopted September 11, 1978.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

Lot Five (5), Tracy Industrial Park, Second Addition to the City of Tracy, Minnesota.

SECTION 2. That the sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interests require. The City Council may, by resolution and upon proper notification, sell said real property on a bid basis, with the right to reject any and all such bids. The Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development plans and guidelines.

ORDINANCE NO. 159

Passed and adopted September 24, 1979.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

Beginning at the Southwest corner of the Southwest Quarter of Section 13; thence Northerly approximately 2,118; thence Easterly at right angles 926 feet; thence Northerly at right angles 400 feet; thence Westerly at right angles 425 feet; thence Southerly at right angles 370 feet; thence Westerly at right angles 502 feet; thence Southerly at right angles to the point of beginning.

SECTION 2. That the sale of said property described in Section 1 of this ordinance is hereby authorized by resolution and may be executed by the City Council of Tracy as their interests require. The Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development plans and guidelines.

ORDINANCE NO. 161

Passed and adopted October 9, 1979.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

Lots One (1), Two (2), Three (3), Four (4) and Five (5) of Block, Forty-four (44) and Lots One (1) to Fifteen (15) inclusive Block Forty-one (41), all of the First Extension to the Second Railway Addition to the City of Tracy. (Excepting and Reserving therefrom all that part of said Lot numbered Fifteen (15) in block numbered Forty-one (41) and of said Lots numbered One (1) and Two (2) in Block numbered Forty-four (44) which lies north of a line drawn parallel with and distant forty-nine and five-tenths (49.5) feet southerly, measured at right angles, from the North line of Section Twenty-three (23), Township One hundred nine (109) North, Range Forty (40) West of the Fifth Principal Meridian).

SECTION 2. That the sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City of Tracy as their interests require. The City Council shall by resolution sell said real property to Earle Ray Post No. 173 American Legion of Tracy, Minnesota for Seven Thousand Five Hundred and No/100ths (7,500.00). The Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established proposed community development plans and guidelines.

ORDINANCE NO. 176

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

That part of the Northwest Quarter of Section 23, Township 109, Range 40, Lyon County, Minnesota described as follows: Beginning at a point on the West Line of Sixth Street, according to the duly recorded plat of Second Railway Addition to the town of Tracy, said point being 275 feet South from the South Line of Morgan Street according to the duly recorded plat of Blocks 26 to 46 of the Second Railway Addition to the Town of Tracy, as measured along said West Line of Sixth Street; thence Westerly, parallel with said Morgan Street, a distance of 85 feet; thence southerly, parallel with said Sixth Street, a distance of 100.10 feet to a line that is parallel with and distant 80 feet Northeasterly of the Northerly Line of the Chicago and Northwestern Transportation Company Right-of-Way; thence Easterly, along said parallel line, a distance of 85 feet to said West Line of Sixth Street a distance of 100.20 feet to the point of beginning; said tract of land being located within an area shown as "Reserved" on said plat of Blocks 26 to 46.

SECTION 2. That the sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interests require. The City Council may, by resolution an upon proper notification, sell said real property on a bid basis with the right to reject any and all such bids. The Council may, by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed Community Development plans and guidelines.

ORDINANCE NO. 178

Passed and adopted November 9, 1981.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

Easterly 100 feet of Lots One (1) and Two (2) of Block Fifteen (15) of the Second Railway Addition to the City of Tracy.

SECTION 2. That the sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interest require. The City Council, may by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development and guidelines.

ORDINANCE NO. 179

Passed and adopted April 12th, 1982.

SECTION 1. That the City of Tracy is the owner of a parcel of real property described as follows:

Lots One (1), Two (2), Three (3) and Four (4) of Block One (1) and Lots One (1), Two (2), Three (3) and Four (4) of Block Two (2) of the Athletic Addition of the City of Tracy.

SECTION 2. That sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interest require. The City Council may by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development and guidelines.

ORDINANCE NO. 180

Passed and adopted June 14, 1982.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

A tract of land located West of and adjacent to Lot One (1), Block Two of Athletic Field Addition to the City of Tracy, which tract is more particularly described as follows: Commencing at the Southwest corner of Lot One (1), Block Two (2) of the Athletic Field Addition; thence North along the West line of said Lot One (1) a distance of 12 feet; thence South, parallel with the West line of said Lot One(1), a distance of 125.01 feet; thence East at a right angle, 12 feet to the point of beginning of the tract herein described.

SECTION 2. That sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interests require. The City Council, may by resolution, sell said property and impose certain restrictive covenants on said property to insure that future development thereupon shall conform to established or proposed community development and guidelines.

ORDINANCE NO. 190

Passed and adopted July 11, 1983.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

That part of the North half of the Southwest Quarter of Section 13, Township 109, Range 40, Lyon County, Minnesota described as follows: Commencing at the Southwest Corner of said Section 13; thence North, assumed bearing, along the West Line of said Southwest Quarter, a distance of 1321.16 feet to the Southwest Corner of said North half of the Southwest Quarter; thence continue North, a distance of 330.00 feet; thence North 89 degrees 02'40" East, parallel with the South Line of said North Half of the Southwest Quarter, a distance of 264.00 feet, to the actual point of beginning; thence continue North 89 degrees, 02'40" East, a distance of 54.00 feet; thence South, parallel with said West line of the Southwest Quarter, a distance of 2205.00 feet; thence South 89 degrees, 02'40" West, parallel with said South Line, a distance of 54.00 feet; thence North, parallel with said West Line, a distance of 205.00 feet to the actual point of beginning and there terminating.

ORDINANCE NO. 190-A

Passed and adopted July 11th, 1983.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

That part of the North Half of the Southwest Quarter of Section 13, Township 109, Range 40, Lyon County, Minnesota described as follows: Commencing at the Southwest Corner of said Section 13; thence North, assumed bearing, along the West Line of said Southwest Quarter, a distance of 1321.16 feet to the Southwest Corner of said North Half of the Southwest Quarter; thence North 89 degrees 02'40" East, along the South Line of said North Half of the Southwest Quarter, a distance of 264.00 feet to the actual point of beginning; thence North, parallel with said West Line of the Southwest Quarter, a distance of 125.00 feet; thence North 89 degrees 02'40" East, parallel with said South Line, a distance of 54.00 feet; thence South, parallel with said West Line, a distance of 125.00 feet; thence South 89 degrees 02'40" West along said South Line of the North Half of the Southwest Quarter, a distance of 54.00 feet and there terminating.

ORDINANCE NO. 191

Passed and adopted July 11, 1983.

SECTION 1. That the City of Tracy is the owner of record of a parcel of real property described as follows:

That part of the North Half of the Southwest Quarter of Section 13, Township 109, Range 40, Lyon County, Minnesota described as follows: Commencing at the Southwest Corner of said Section 13; thence North, assumed bearing, along the West Line of said Southwest Quarter, a distance of 2125.00 feet; thence East, at right angles to said West Line, a distance of 60.00 feet to the actual point of beginning; thence continue East a distance of 801.37 feet; thence South a distance of 789.48 feet, more or less, to the South Line of said North Half of the Southwest Quarter; thence South 89 degrees 02'40" West, along said South Line, a distance of 543.49 feet to a point distance 318.00 feet from the Southwest Corner of said North Half of the Southwest; thence North, parallel with said West Line of the Southwest Quarter, a distance of 330.00 feet; thence South 89 degrees 02'40" West, parallel with said South Line, a distance of 257.99 feet, to a point distant 60.00 feet, as measured at right angles, from said West Line; thence North a distance 472.84 feet to the actual point of beginning and there terminating. Containing 12.71 acres, more or less.

SECTION 2. That sale of said property described in Section 1 of this ordinance is hereby authorized and may be executed by the City Council of Tracy as their interest requires. The City Council may by resolution, impose certain restrictive covenants on said property to ensure that future development thereupon shall conform to established or proposed community development and guidelines.

VACATION OF STREET OR ALLEY

ORDINANCE NO. 142

SECTION 1. That pursuant to Section 12.03 of the City Charter of the City of Tracy, Minnesota the vacation of any alley within the City of Tracy shall be authorized by ordinance approved by a majority of the full City Council.

SECTION 2. That an alley appears on the official plat of the City of Tracy between Lots One (1) through Seven (7) and Lots Eight (8) through Fourteen (14) in Block Four (4), Cowles and Davis Addition to the City of Tracy, Minnesota. Said alley is Twenty (20) feet in width according to the plat and never been used for public travel.

SECTION 3. That published notice relating to said vacation included a time hearing whereby affected property owners and public were given an opportunity to be heard. Said publication was duly made in the Tracy Headlight-Herald, the official newspaper of the City of Tracy.

SECTION 4. That the City Council passed Resolution No.__ declaring that no public interest shall be served by continuing said alley and that vacation thereof shall be beneficial to the public interest.

SECTION 5. That said alley is hereby vacated and a notice of completion of the said vacation proceeding shall be filed with the office of the Lyon County Recorder.

ORDINANCE NO. 162

Passed and adopted November 26, 1979.

SECTION 1. That pursuant to Section 12.03 of the City Charter of the City of Tracy, Minnesota the vacation of any street within the City shall be authorized by ordinance approved by a majority of the full City Council.

SECTION 2. That street appears on the official plat of the City of Tracy between Lots Eight (8) through Eleven (11) in Block Twenty-one (21) and Highway 14 in the Second Railway Addition to the City of Tracy, Minnesota. Said street and right of way is Eighty (80) feet in width according to the plat.

SECTION 3. That published notice relating to said vacation included a time of the hearing whereby affected property owners and the public were given an opportunity to be heard. Said publication was duly made in the Tracy Headlight Herald, the official newspaper of the City of Tracy.

SECTION 4. That the City Council passed Resolution No. 1979-174 declaring that no public interest shall be served by continuing said street and that vacation thereof shall be beneficial to the public interest.

SECTION 5. That said street is hereby vacated and a notice of completion of the said vacation proceeding shall be filed with the office of the Lyon County Recorder.

ORDINANCE NO. 215

Passed and adopted August 12, 1991.

Subd. 1. PURPOSE. The purpose of a model setback Ordinance is to increase public safety by requiring that new building development be set back from pipeline locations.

Subd. 2. APPLICABILITY. This Ordinance applies to new residential and other development. It does not apply to development that has occurred or for which development permits have been issued before the effective date of this Ordinance.

Subd. 3. DEFINITIONS.

Scope. The terms used in this chapter have the meanings given them in this part.
Building. "Building" means a structure designed primarily for human use or occupancy including businesses, offices, educational facilities, medical facilities, residences, and institutions. Decks, overhangs, porches, or similar attached structures are considered part of the building. Building does not include appurtenances required to operate or maintain in pipeline systems.
Commissioner. "Commissioner" means the Commissioner of public safety.
Other Development. "Other development" means commercial, industrial, or agricultural development when it results in the construction of a building or place of public assembly.
Pipeline. "Pipeline" has the meaning given it in Minnesota Statutes, Section 2991.02, Subdivision 11.
Pipeline easement. "Pipeline easement" means the existing easement or the negotiated easement resulting from a blanket easement.
Place of public assembly. "Place of public assembly" means a site that is occupied by twenty (20) or more persons on at least five (5) days a week for ten (10) weeks in any 12-month period. The days and weeks need not be consecutive.

Subd. 4. SETBACK. Buildings and places of public assembly subject to this Ordinance must be designed to accommodate a setback from the pipeline equal to or greater than the pipeline easement boundaries.

ORDINANCE NO. 241

Passed and adopted May 8, 1995

The City of Tracy does ordain:

PREAMBLE

An emergency ordinance of annexation of the described real property herein is necessary for the immediate preservation of the public health, morals, safety and welfare as a consequence of time limitations for the Economic Development Authority to expend Minnesota Housing Finance Agency grant monies for multi-family development by construction of two four-plexes which will provide a supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals and welfare of the citizens of the City of Tracy envisioned in the stated legislative purpose for Housing and Redevelopment Authorities pursuant to Minnesota Statutes, Chapter 469 Economic Development.

Section 1. The City of Tracy, Minnesota is the legal owner of the following described property:

All that part of the Southwest Quarter of Section 24, Township 109 North, Range 40 West, Lyon County, Minnesota being more particularly described as follows: Commencing at the southeast corner of Lot 7, Block 3, of Henning's Addition in the City of Tracy as filed and recorded in the office of the County Recorder in and for said Lyon County; thence South 00 degrees 06 minutes 48 seconds West assumed bearing along the extension of the east line of said Lot 7 for a distance of 20.00 feet, to a point on the south line of said Henning's Addition; thence South 89 degrees 57 minutes 50 seconds East, along said south line, for a distance of 66.00 feet, to the southeast corner of said Henning's Addition, said corner also being the point of beginning; thence North 00 degrees 06 minutes 48 seconds East, along the east line of 2nd Street as shown on said plat of Henning's Addition for a distance of 482.56 feet, to the north line of said Southwest Quarter; thence North 89 degrees 07 minutes 52 seconds East along said north line for a distance of 1345.07 feet; thence South 00 degrees 43 minutes 16 seconds East for a distance of 485.97 feet; thence South 89 degrees 16 minutes 43 seconds West, for a distance of 1352.10 feet to the point of beginning. EXCEPTING THEREFROM the following described tract recorded in Book 111, Page 103 in the office of said County Recorder. That part of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section Twenty four (24), Township One Hundred Nine (109), Range Forty (40), Lyon County, Minnesota described as follows: Beginning at a point thirty three feet north and sixty six (66) feet east of the Northeast corner of Lot Seven (7), Block Two (2) Henning's Addition to the City of Tracy, Minnesota; running thence due East along the North line of said Southwest Quarter (SW1/4) a distance of one hundred fifty (150) feet; running thence south at right angles and parallel with the east line of Second Street East a distance of one hundred twenty eight and 5/10 feet; running thence west and parallel with the said north line of said Southwest Quarter (SW1/4) a distance of one hundred fifty (150) feet; running thence north and at right angles a distance of one hundred twenty eight and 5/10 feet to the point of beginning containing 14.55 acres, which is hereinafter referred to as "the property".

Section 2. The City of Tracy is the sole owner of the property, the property is unincorporated, abuts the limits of the City of Tracy, is not included within any other municipality, is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statutes 414.0325, and is approximately 14.55 acres in size.

Section 3. The property is urban in nature or about to become so.

Section 4. The corporate limits of the City of Tracy are hereby extended to include the property and the same is hereby annexed to and included within the City of Tracy as if the property had originally been a part thereof.

Section 5. The City Clerk/Administrator is directed to file certified copies of this emergency ordinance with the Minnesota Municipal Board, Monroe Township, the Lyon County Auditor, and the Minnesota Secretary of State.

ORDINANCE NO. 246

Passed and adopted June 26, 1995.

SECTION 1. The following described portions of alleys and streets in Second Railway Addition to the City of Tracy, are platted within the City of Tracy, to-wit:

All of the alley located in Block 44, also all of Eleventh Street lying northeasterly of Morgan Street and southerly of U.S. Trunk Highway No. 14, also all of the alley located in Block 41, also all of Rolland Street lying westerly of the following described line: said line beginning at the northeasterly corner of said Block 41, thence North 05 degrees 52 minutes 42 seconds East, assuming the southeasterly line of said Block 41 to bear South 29 degrees 57 minutes 38 seconds West, for a distance of 135.39 feet, more or less, to the southerly right of way line of said U.S. Trunk Highway No. 14, said line there terminating, all located in the subdivision entitle Block 26 to 46 of Second Railway Addition in the City of Tracy, as filed and recorded in the office of the County Recorder in and for Lyon County, Minnesota.

SECTION 2. Notice of public hearing having been published in the Tracy Headlight-Herald, official newspaper of said City, and an opportunity for interested persons to be heard given, it is found and declared that no substantial public interest will be served by continuing the described portion of said alleys and streets in Second Railway Addition and that vacation thereof with the following exception: a reservation of all existing utility easements would be beneficial to the public interest. A petition for vacation of the described portion of said alleys and streets in Second Railway Addition has been submitted by all abutting property owners, and all other requirements provided by law for vacation thereof have been met.

SECTION 3. Pursuant to Minnesota Statutes 160.29, the vacation of said public way shall not affect existing easements therein, nor the authority of any person, corporation or municipality owning or controlling the utilities thereon or thereunder, or to continue maintaining the same or entering upon such public way hereby vacated to maintain, repair, replace, remove or otherwise attend thereto. Subject to this described reservation of easement, the street described hereinabove is hereby vacated, and a notice of completion of vacation proceedings shall be filed with the Lyon County Recorder.