[Adopted 2-13-2019 by Ord. No. 5739[1]]
[1]
Editor’s Note: This ordinance also repealed former Article VI, Street Vacation Procedure, adopted 4-13-2016 by Ord. No. 5674.
The purpose of this chapter is to set forth a process for the vacation of City streets.
The procedure for vacating a street shall be as follows:
A. 
By petition. A petition to Council for the vacating of any street shall be signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed vacation as fixed at the time of presentation of the petition, and shall be verified by the affidavit of one or more of the petitioners. Co-owners of undivided interest in any piece of property shall be deemed as one person for the purpose of the petition and the majority in interest of such co-owners shall determine the position of the co-owners for this purpose.
(1) 
A petition to vacate any street shall be on the form supplied by the City and shall be filed with the City Clerk upon payment to the City of a filing fee in an amount established by resolution of City Council established from time to time. The purpose of this fee is to partially defray the normal administrative, engineering, advertising, and legal expenses for processing the petition for vacation. This fee shall not be refunded under any circumstances, whether or not the petition is granted.
(2) 
Council shall act on the petition to vacate by ordinance. Approval of a petition to vacate shall require the affirmative vote of at least four members of Council.
(3) 
After the presentation of the petition presented in accordance with this Article, and Council's determination of the adequacy of the petition, but before final enactment of any ordinance enacted pursuant to the petition, notice shall be published in a newspaper of general circulation one time only and such notice shall be posted, at least 10 days prior to enactment of such ordinance, in conspicuous places along the line of the proposed vacation. The notice shall set forth a summary of the ordinance and the time, date and place wherein Council will consider the enactment of any such ordinance.
B. 
Ordinances when no petition is presented.
(1) 
An ordinance shall be enacted for vacating any street, without petition of property owners, by the affirmative vote of a majority of the whole number of members of Council plus one.
(2) 
An ordinance pursuant to this subsection shall not be finally enacted unless notice is published in a newspaper of general circulation one time only and such notice shall be posted, at least 10 days prior to enactment of such ordinance, in conspicuous places along the line of the proposed vacation. The notice shall set forth a summary of the ordinance and the time, date and place wherein Council will consider the enactment of any such ordinance.
In the event public utilities, such as electricity, telephone, water, sewer, gas and the like are located within the street subject to a vacation petition, and/or the street to be vacated is needed for drainage, the owners thereof shall execute an easement in favor of any such entity which has a public utility located therein and/or to the City for drainage prior to the enactment of the ordinance for vacation, together with the right of entry thereon for repairs, construction and reconstruction of the drainage facilities and the public utilities mentioned, without any liability for damages on the part of the City. Where any such easement is granted, no construction, temporary or permanent, shall be made over or across the vacated street area without the written approval of the City. Council may relinquish by ordinance the City's easement rights in any vacated street.
Unless otherwise specified in the Street Vacation Ordinance, if vacation was granted upon petition, the abutting owners of the vacated street shall be responsible, jointly and severally, for protecting, reconstructing and/or relocating all existing utilities and drainage facilities in such manner as will be satisfactory to the City without any liability for damages on the part of the City resulting therefrom.
Immediately after an ordinance vacating any street becomes effective, the City Engineer is authorized and directed to strike such street between the limits cited from the City Block Plan.
The following streets and/or alleys or portions thereof are hereby vacated, subject to the provisions of this Article VI:
A. 
Alley right-of-way between 25th Avenue and Wopsononock Avenue between 4th Street and 5th Street, Altoona, containing 5,646.61 feet upon petition of Altoona-Johnstown Diocese as set forth in the attached plat and legal description attached hereto and incorporated herein as Exhibit A and B respectively.[2]
[2]
Editor's Note: Exhibits A and B are on file in the City offices.
B. 
Oak Avenue Alley between Oak Avenue and Walnut Avenue and between Allegheny Street and 29th street, Altoona, Containing 1,987 square feet upon petition of David Butterbaugh as set forth in the plat by P. Joseph Lehman, Inc. Dated July 11, 2018, attached hereto and incorporated herein as Exhibit A.[3]
[Added 11-14-2018 by Ord. No. 5727]
[3]
Editor's Note: Exhibit A is on file on the City offices.
C. 
Portion of Alley between North 9th Avenue and North 9th Avenue Alley between North 4th Street and North 5th Street, containing 1,175 square feet upon petition of the Altoona-Johnstown Diocese, Trustee of the Holy Rosary Parish, as set forth in the plat by Keller Engineers Inc., dated March 15, 2017, attached hereto and incorporated herein as Exhibit A.[4]
[Added 12-5-2018 by Ord. No. 5737]
[4]
Editor's Note: Exhibit A is on file on the City offices.
D. 
25th Street between 8th Avenue and 9th Avenue, Altoona, containing (2,422.975) feet, upon petition of and set forth in the plan entitled "The Mill, Silk Mills Properties, Inc.", by Keller Engineers dated August 8, 2018, and revised April 29, 2019, attached hereto and incorporated herein as Exhibit A.[5]
[Added 6-12-2019 by Ord. No. 5747]
[5]
Editor's Note: Exhibit A is on file in the City offices.
E. 
26th Street between 7th Avenue and unnamed alley, Altoona, containing 600 square feet, upon petition of and set forth in the plan entitled "Altoona Regional Health System, 26th Street Right-of-Way Exhibit", by Pennterra, dated May 30, 2019, attached hereto and incorporated herein as exhibit A.[6]
[Added 9-11-2019 by Ord. No. 5749]
[6]
Editor's Note: Exhibit A is on file in the City offices.
F. 
An unnamed alley between 27th Street and 26th Street, Altoona, containing 4,648 square feet upon petition of and set forth in the plan entitled "Grand Palazzo Three, Alley Vacation Exhibit," by Penn Terra Engineering, dated January 26, 2022, attached hereto and incorporated herein as Exhibit A, and as more fully described in the legal description attached hereto as Exhibit B.[7]
[Added 3-14-2022 by Ord. No. 5787]
[7]
Editor's Note: Exhibit A and Exhibit B are on file in the City offices.
[1]
Editor's Note: A complete list of street ordinances can be found on the City's eCode or on file in the City offices.