Chapter 12.24
STREET VACATION PROCEDURE
Sections:
12.24.010 Petition – General requirements.
12.24.020 Petition – Processing fee.
12.24.030 Notices of proposed actions.
12.24.070 Payment to City for vacated property.
12.24.090 Property ownership – Recording with auditor.
12.24.010 Petition – General requirements.
The owners of an interest in any real estate abutting upon any street or alley within the City may petition the City Council for the vacation of such street or alley or any part thereof. Such petition shall be on such form as may be prescribed by the city, shall contain a full and correct description of the property sought to be vacated, and such petition shall be signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley to be vacated. [1956 Code § 9-1001, § 1.]
12.24.020 Petition – Processing fee.
Every petition for the vacation of a street or alley, or any part thereof, shall be accompanied by a payment to the City of a fee of $50.00, referred to in this chapter as the “processing fee” to compensate the City for the administrative costs and expenses in processing, checking and handling such petition, which fee shall likewise include the publication and posting expense of any notice or ordinances pertaining to such vacation; provided, however, that the payment of a processing fee shall not be required in connection with the vacation of any street or alley, or any part thereof, which has been requested by City departments, other municipal corporations, or State or federal government agencies. [1956 Code § 9-1001, § 2.]
12.24.030 Notices of proposed actions.
A. After verification of such petition by the Director of Public Works or his duly authorized representative, the City Council shall by resolution fix the time for hearing on such petition, which time shall not be more than 60 days nor less than 20 days after the passage of such resolution.
B. The City Clerk shall give 20 days’ notice of the pendency of the petition by written notice posted in three of the most public places in the City and a like notice in a conspicuous place on the street or alley sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition.
C. In all cases where the proceeding is initiated by resolution of the City Council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice required in subsection (B) of this section, there shall be given by mail at least 15 days before the date fixed for the hearing a similar notice to the owners or reputed owners of all lots, tracts, or parcels of land, or other property abutting upon any street or alley, or any part thereof sought to be vacated, as shown on the rolls of the County Treasurer, directed to the address thereon shown; provided, that if 50 percent of the abutting property owners file written objections to the proposed vacation with the Clerk, prior to the time of hearing, the City shall be prohibited from proceeding with the resolution. [1956 Code § 9-1001, § 3.]
12.24.040 Petition – Hearing.
The hearing on such petition may be held before the City Council or before a committee thereof upon the date fixed by resolution or at the time the hearing may be adjourned to. If a hearing is before such a committee, the same shall, following the hearing, report its recommendations on the petition to the City Council which may adopt or reject the recommendation. If such hearing is held before such committee, it shall not be necessary to hold a hearing on the petition before the City Council. [1956 Code § 9-1001, § 4.]
12.24.050 Additional fee.
At the time the City Council or any committee thereof recommends granting a vacation petition, an additional fee (which shall be determined by the City Manager prior to or at the date of the hearing) shall be paid in an amount sufficient to cover the appraisal costs to be incurred in the appraised value of the area sought to be vacated; provided, that the fee provided in this section shall not be required in connection with the vacation of any street or alley, or any part thereof, which has been requested by City departments or other municipal corporations or State or federal governmental agencies. [1956 Code § 9-1001, § 5.]
12.24.060 Appraisal.
The City Manager is authorized to obtain appraisals from qualified fee appraisers of such streets or alleys as are recommended for vacation after hearing by the City Council, or a committee thereof. Where it appears that fifty percent of the value of the property in question and sought to be vacated is less than the cost of a fee appraisal, the City Manager is authorized to use qualified City personnel to make the required appraisal and a reasonable hourly rate of compensation shall be charged as the appraisal fee cost. [1956 Code § 91001, § 6.]
12.24.070 Payment to City for vacated property.
The City Council may determine, at or prior to any such public hearing on the petition to vacate a street or alley, or any portion thereof, that the abutting owners of the property to be vacated pay unto the City an amount which does not exceed one-half of the appraised value of the area so vacated. The amount thus determined shall then be paid in cash unto the City Treasurer and the ordinance vacating such street or alley shall not become effective until such payment has been made, and the ordinance of vacation shall so provide. [1956 Code § 9-1001, § 7.]
12.24.080 Right of easement.
The City reserves the right to remain an easement, or the right to exercise and grant easements, in respect to the lands so vacated, for the construction, repair and maintenance of public utilities and services and the retention of such easements, if any, shall be duly considered and allowances made therefore in the making of any such appraisal. [1956 Code § 9-1001, § 8.]
12.24.090 Property ownership – Recording with auditor.
Upon the vacation of any street or alley, or any portion thereof, as provided in this chapter, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. A certified copy of the ordinance vacating any such street or alley or any part thereof shall be filed for record with the County Auditor’s office, and an additional copy thereof may be furnished to such governmental agencies as may have an interest therein. [1956 Code § 9-1001, § 9.]