[R.O. 2008 §555.010; Ord. No. 314 §1, 8-8-1982]
A.
A proceeding for any proposed vacation or termination may be begun
by either of the following methods:
1.
By resolution of the Board of Aldermen upon its own motion duly
passed at any regular or special meeting thereof.
2.
By written petition of any person or corporation owning property
fronting or abutting any land included in or subject to use by such
public square, park, street, avenue, alley, highway, roadway, pedestrianway,
easement, right-of-way or other public way or use in the City, proposed
to be vacated or terminated, addressed to the Board of Aldermen and
verified by an affidavit of petitioner, if an individual, or an officer
thereof if petitioner is a corporation, which petition shall be filed
with the City Clerk prior to any action thereon by the Board of Aldermen.
[R.O. 2008 §555.020; Ord. No. 314 §2, 8-8-1982]
The resolution or petition provided for in the preceding Section
shall accurately describe the land as to which such vacation or termination
is sought.
[R.O. 2008 §555.030; Ord. No. 314 §3, 8-8-1982]
Promptly upon the adoption of such resolution, or the filing
of such petition, the City Clerk, over his/her hand, shall give notice
of the adoption of such resolution or the filing of such petition
by publication in a weekly newspaper printed and published in the
County, and having a general circulation in the City, for two (2)
consecutive issues of such newspaper, the last publication to be not
more than ten (10) days prior to the date and time to be stated therein
upon which such resolution or petition shall be considered by such
Board of Aldermen and which notice shall contain a description of
the land as to which such vacation or termination is sought, and shall
state the time and place of a meeting of the Board of Aldermen at
which such Board shall consider the same.
[R.O. 2008 §555.040; Ord. No. 314 §4, 8-8-1982]
If the vacation proceeding is begun by the petition of an abutting
or fronting property owner, the petitioner shall deposit with the
City Clerk the sum of seventy-five dollars ($75.00) as a deposit for
the payment of costs and expenses which may be incurred by the City
by reason of such proceedings and shall further pay any other costs
or expenses incident to the filing of such petition, the giving of
such notice, and the filing for record of a certified copy of any
ordinance which may be passed in pursuance of such vacation. If the
deposit shall not be consumed for such purposes, the balance remaining
after the completion of such procedure shall be returned to the petitioner.
The petitioner shall pay any expenses not covered by this cost deposit.
[R.O. 2008 §555.050; Ord. No. 314 §5, 8-8-1982]
No resolution or petition shall be considered unless attached
thereto are copies of letters, or affidavits if required, from all
utilities, including municipal utilities, which may be affected by
such vacation. Such letters or affidavits shall state whether or not
there are any existing facilities and whether or not the utility has
any objection to vacation of the easement or other interest.
[R.O. 2008 §555.060; Ord. No. 314 §6, 8-8-1982]
Plats may be vacated by following the required provisions for
vacating all interest shown herein, including streets, easements,
etc.
[R.O. 2008 §555.070; Ord. No. 314 §7, 8-8-1982]
If, upon the consideration of the resolution or petition, and
after such notice, the Board of Aldermen shall deem it necessary to
vacate or terminate such public square, park, street, avenue, alley,
highway, roadway, pedestrianway, easement, right-of-way or other public
way or use, or any part thereof, such Board of Aldermen may by ordinance,
duly introduced, read and passed according to law, declare the same
to be duly vacated and/or terminated.
[R.O. 2008 §555.080; Ord. No. 314 §8, 8-8-1982]
No vacation shall be made by the Board of Aldermen if it is
determined that there will be damage to any person, unless compensation
is provided therefor. In each case where a vacation is granted, the
Board of Aldermen shall determine that the interest in question is
not necessary to the public welfare.
[R.O. 2008 §555.090; Ord. No. 314 §9, 8-8-1982]
Each and every ordinance drawn to effect a vacation shall specifically
provide as follows:
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"The City (as well as any utility effected) retains the right
to maintain, operate, repair and replace, by itself or by any licensee
or a holder of a franchise from the City, any poles, wires, pipes,
conduits, sewer mains, water mains, or any other facility or equipment
for the maintenance or operation of any utility now located in the
area affected by this vacation."
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[R.O. 2008 §555.100; Ord. No. 314 §10, 8-8-1982]
Whenever any such vacation or termination shall be made, the
title in land affected thereby shall pass or revert according to law.
