CHAPTER  NO.  2273

AN ORDINANCE PROVIDING FOR THE VACATION OF THE UNUSED UTILITY EASEMENT IN THE NOW VACATED EAST-WEST ALLEY IN BLOCK 3, DANISH BROTHERHOOD ADDITION IN THE CITY OF CLINTON, IOWA

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

            Section 1.  Purpose.  The purpose of this ordinance is to vacate the described utility easement and to relieve the City of Clinton, Iowa of the responsibility for its maintenance and supervision.

            Section 2.  Facts Found.  The Council of the City of Clinton, Iowa makes the following findings:

             1.         The described utility easement is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

             2.         Notice of the intended vacation and conveyance, including the date on which the Council will first consider the vacation has been published pursuant to Chapter 362.3 of the Code of Iowa.

             Section 3.  Vacation.  The easement described as:

            A 16’ utility easement located in a now vacated east-west alley in Block 3, Danish Brotherhood Addition in the City of Clinton, Iowa, is hereby vacated.

            Section 4.       Severability Clause.  If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

            Section 5.       Repealer.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

            Section 6.       Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

______________________________

LaMetta K. Wynn, MAYOR

Attest:_____________________________

            Deborah K. Neels,

            CITY CLERK

ADOPTED:   February 10, 2004