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Resolution to vacate avenue, alley portions passes

By Staff | Jun 5, 2020

A resolution vacating a portion of 3rd Avenue Southwest and a portion of an adjacent alleyway passed with one “no vote” during a regular meeting of the Rugby City Council Monday evening.

In the passed resolution, the city declared “to be vacated” 3rd Avenue SW between 2nd Street and 3rd Street SW, and 62.5 feet of the alley south of Lots 1 and 2 and the east 12.5 feet of Lot 3 and north of Lots 31 and 32 and the east 12.5 feet of Lot 30 “of Block 4, Comstock’s First Addition.”

The vacation would be subject to two conditions.

The first condition was that the “West 20 feet of Lot 5, Block 4” would become an alley maintained by the city.

The second condition was that any water mains or sewers in a 150-foot portion of 3rd Avenue SW would be “subject to an easement for the benefit of the owner” of the vacated avenue: The Rugby Public School District. Future maintenance of the sewers and water mains would also be the school district’s responsibility.

The Rugby Public School District would become the “sole grantee” of the closed avenue and alley portion, and would be responsible for payment of all expenses related to the vacating of the avenue and alley.

In a roll call vote, Ward 3 Councilman Frank LaRocque voted no, while Ward 1 Councilwoman Jackie Albrecht, Ward 2 Council Members Gary Kraft and Dave Bednarz, Ward 3 Councilman Joel Berg and Ward 4 Councilman Cody Melgaard voted yes on passing the resolution.

Other actions

– The council approved a resolution to extend the Renaissance Zone program by five years. The original legislation, passed by the state Legislature in 1999, intended for it to be a 15-year program. The city signed an agreement with the North Dakota Division of Community Services for the Renaissance Zone program on June 17, 2005, and the plan was approved in July of that year.

– The council approved a gaming site authorization applications from the Rugby Jaycees for gaming at 3rd Street Station and I.C. Dubbles.

– The council approved appointing Troy Munyer as building inspector on a temporary basis.

– The council approved May meeting minutes, bills, financial statements, Rugby Job Development Authority minutes and financials, and the Municipal Judge’s report.

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