HomeMy WebLinkAbout1951 OrdinanceORDINANCE NO. 1951
AN ORDINANCE relating to street and alley vacations and repealing
and reenacting Chapter 12.20 of the Pasco Municipal Code.
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. That Chapter 12.20 of the Pasco Municipal Code be
and the same is hereby repealed and reenacted to read as follows:
CHAPTER 12.20
STREET AND ALLEY VACATION
12.20.010 PETITION OR RESOLUTION TO VACATE - REQUISITES
OF PETITION - FILING FEES AND DEPOSIT.
(1) The owners of any real estate abutting upon any street
or alley in the City of Pasco who desire to vacate the street
or alley, or any part thereof, may petition the Council of the
City of Pasco to make the vacation. The Council of the City
of Pasco itself may initiate by resolution the vacation of
any street or alley, or part thereof, in the City of Pasco.
The petition or resolution shall be filed with the City
Clerk and shall contain a description of the property to be
vacated.
(2) If the vacation of a street or alley in the City of
Pasco is sought by the petition method, the petition must be
signed by the owners of more than two -thirds -of the property
abutting upon the part of any street or alley sought to be
vacated. Each petition filed with the City Clerk shall be
accompanied by a filing fee of $75.00 to cover the costs
of processing the petition. In addition thereto the petitioners
shall pay for the actual cost of appraising the property sought
to be vacated and for that purpose shall deposit the sum of
Five Hundred & 00/100 Dollars with the City Clerk at the time
the petition is filed.
(3) The Council shall by resolution fix the time for
hearing of. the proposed street vacation, which time shall not
be more than sixty (60) days nor less than twenty (20) days
after the City Clerk has received the petition or resolution
initiating the vacation process.
12.20.020 NOTICE OF HEARING.- OBJECTIONS PRIOR TO HEARING.
After passage of the resolution setting the date of hearing on the
petition or resolution for vacation of streets or alleys, the City
Clerk shall give 20 days notice of the pendency of the petition or
resolution by a 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, or a resolution passed, 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.
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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 the property abutting upon the part of the street
or alley sought to be vacated, in addition to the notice hereinabove
required, 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, HOWEVER, if 50% of the abutting
property owners file written objection to the proposed vacation
by resolution with the City Clerk, prior to the time of hearing, the
City shall be prohibited from proceeding with the resolution.
12.20.030 HEARING - ORDINANCE OF VACATION. The hearing
on the petition or resolution may be held before the City Council,
or before a committee thereof upon the date fixed by resolution or
at the time said hearing may be adjourned to. If the hearing is
before a committee the same shall, following the hearing, report its
recommendation on the petition to the City Council which may adopt
or reject the recommendation. If the hearing is held before the
committee it shall not be necessary to hold a hearing on the petition
before the City Council. If the City Council determines to grant
said petition or any part thereof, or to vacate pursuant to the
hearing held pursuant to the resolution method, the City Council
shall vacate such street, alley or any part thereof, by ordinance
which shall take effect only upon the following conditions:
(1) If the street vacation was pursuant to a valid petition
as hereinabove provided, the ordinance vacating the street or
alley shall become effective only when the owners of the
property abutting upon the street or alley, or the part
thereof so vacated, shall compensate the City in an amount
equal to one-half the appraised value of the area so vacated;
(2) That any ordinance vacating a street shall provide
that the City retain an easement or the right to exercise
and grant easements in respect to the vacated land for the
construction, repair and maintenance of public utilities
and services.
12.20.040 Upon the effective date of any ordinance vacating
any street or alley a certified copy of such ordinance shall be
recorded by the City Clerk with the Franklin County Auditor.
12.20.050 No vested rights shall be affected by the
provisions of this Chapter, nor shall application of this Chapter
operate to deny a property owner public access to his property.
Section 2. This Ordinance shall become effective upon its
publication as required by law.
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PASSED by the City Council of the City of Pasco this day
of , 1978.
Chet Bailie, Mayor
ATTEST:
Evelyn Wells, Deputy City.Clerk
APPROVED AS T.O. FORM:."
Michael E. Cooper, City Attorney