[R.O. 2008 §545.400; Ord. No. 6582 §§1 — 2, 8-18-2003]
To be eligible to file a request for the abandonment of any
City street, alley, easement or right-of-way, the applicant must own
real estate adjoining a portion of the street, alley, easement or
right-of-way proposed to be abandoned. Such ownership shall be determined
on the basis of recorded deeds filed in the Recorder's office, Nodaway
County, Missouri.
[R.O. 2008 §545.410; Ord. No. 6582 §§1 — 2, 8-18-2003]
A.
All
requests for the abandonment of any City street, alley, easement or
right-of-way shall be made to the office of the Public Works Director
upon forms developed by the City for such purposes. As a minimum,
such forms shall require the following information of the applicant(s):
1.
The names, addresses and telephone numbers of all persons requesting
such abandonment.
2.
A complete legal description of the property to be abandoned.
3.
The names of the owners of all properties which adjoin the area of
the proposed abandonment.
4.
A plat of the property to be abandoned, bearing the seal of a surveyor,
architect or engineer license of the State of Missouri.
5.
The reasons for requesting the abandonment.
6.
A statement in which the applicant certifies that all information
contained in the application is true and accurate.
[R.O. 2008 §545.420; Ord. No. 6582 §§1 — 2, 8-18-2003]
The Director of Public Works or his/her designee shall receive
all written requests for abandonment and shall review each such request
to verify that all required information is complete. Incomplete requests
shall be returned to the applicant with a written explanation of all
reasons for rejection. All complete requests shall be forwarded to
the City Council within sixty (60) days of receipt of the completed
request and shall be accompanied by the recommendation of the Director
of Public Works, the original application and any submitted documentation.
[R.O. 2008 §545.430; Ord. No. 6582 §§1 — 2, 8-18-2003]
A.
After
reviewing the request for abandonment made pursuant to this Article,
the Director of Public Works or his/her designee shall make one (1)
of the following recommendations in writing to the City Council concerning
the abandonment of the street, alley, easement or right-of-way, which
recommendation shall be accompanied with any explanatory information
the Director deems appropriate:
[R.O. 2008 §545.440; Ord. No. 6582 §§1 — 2, 8-18-2003]
A.
The
City Council shall have the sole power to vacate any street, alley,
easement or right-of-way. The procedure for such review shall be as
follows:
1.
City Clerk duties. Upon receipt of the documentation
associated with the application for abandonment, the City Clerk shall
schedule a public hearing before the City Council on the issue. Said
public hearing shall be in compliance with all applicable Statutes
and ordinances. In addition, notice of the public hearing shall be
given to all owners of real property which adjoins the area sought
to be abandoned. Said notice may be given by mail mailed to the last
known address of the owner as reflected by the records of the Nodaway
County Recorder's office and shall be mailed at least ten (10) days
prior to the hearing.
2.
Public hearing and decision. Within sixty (60) days
of the receipt of the recommendation of the Director by the City Clerk
and in compliance with all applicable Statutes and ordinances, the
City Council shall hold a public hearing on the abandonment application.
The City Council shall have the right to deny the abandonment or approve
the abandonment with specific enumerated changes.
3.
Surplus property declaration. Prior to any action
to abandon, the City Council shall first declare the subject property
to be surplus to the City's needs, finding that the property has no
present or future value to the City of Maryville and can be abandoned
without detrimental effects to the City.
4.
Abandonment ordinance. In the event the City Council
desires to approve abandonment of any property, said abandonment may
be effected only through enactment of an ordinance approved by the
City Council. Said ordinance shall then be recorded by the City Clerk
in the Recorder's office, Nodaway County, Missouri.
[R.O. 2008 §545.450; Ord. No. 6582 §§1 — 2, 8-18-2003]
A.
Abandonment
of any street, alley, easement or right-of-way shall be prohibited
in the following instances:
1.
Where such abandonment shall result in the denial of access to private
or public property.
2.
Where abandonment will result in the transfer of property to a member
of the City Council, a member's relatives or any business in which
a Council member has an ownership interest of greater than ten percent
(10%).
[R.O. 2008 §545.460; Ord. No. 6582 §§1 — 2, 8-18-2003]
In the event of abandonment the property ownership shall be
transferred in compliance with all applicable Statutes including Section
88.637, RSMo., whereby the same shall revert to the owners of the
adjacent lots in proportion it was taken from them.
