[Ord. No. 1167 §1, 10-15-2012]
This Chapter shall be known and may be referred to as the Vacation
of Public Streets, Roads and Easements Chapter of the City of Troy,
Missouri.
[Ord. No. 1167 §1, 10-15-2012]
The purpose of this Chapter is to regulate and control the vacation
of public streets, roads and easements within the City of Troy. The
Board of Aldermen, pursuant to Section 88.673, RSMo., has the power
to vacate or discontinue any public square, public park, street, avenue,
alley or other highway, old or new, whenever it is deemed necessary
or expedient. The provisions herein are designed to provide notice
and protection of the citizens of Troy, Missouri and property owners,
and to preserve and enhance the value of property throughout the City.
[Ord. No. 1167 §1, 10-15-2012]
For the purpose of this Chapter, the following terms are defined
as follows:
Includes any owner of property abutting or touching on the
proposed vacation, any owner of an easement abutting or touching the
proposed vacation and any owner of property that would be denied reasonable
access to the general system of public roads and streets by the proposed
vacation of a street, alley, public road or highway.
Includes the owner or owners of record indicated upon he
records of the Lincoln County Assessor's office on the date of the
filing of the petition for vacation with the City Clerk.
The person, corporation, group or entity who filed the petition
for vacation with the City Clerk.
[Ord. No. 1167 §1, 10-15-2012]
Whenever the public necessity, convenience and general welfare
require or whenever it shall be deemed necessary or expedient by the
Board of Aldermen, the Board of Aldermen may, subject to the procedures
provided in this Chapter, vacate all or any part of any public easement,
right-of-way, street, alley, public road, highway, public square,
public park or alley dedicated or conveyed to the City, or title to
which or authority over which was vested in the City by operation
of law. A vacation may be initiated by a resolution of intent by the
Board of Aldermen, by the verified petition of an interested party,
or by recommendation of the Department of Public Works. The City shall
provide examples of the format of the documents to be utilized under
this Chapter.
[Ord. No. 1167 §1, 10-15-2012]
A.
A petition
for vacation shall be on forms approved by the City Board of Aldermen
and shall be addressed to the Board of Aldermen and filed, together
with a filing fee of two hundred dollars ($200.00), with the City
Clerk. Each petition shall include:
1.
An accurate
legal description of the public easement, right-of-way, street, alley,
public road or highway sought to be vacated;
2.
An accurate
drawing of such description which depicts the property to be vacated
and the ownership of real property which directly connects with the
property to be vacated; and
3.
Its
location and the names and addresses of all interested parties.
[Ord. No. 1167 §1, 10-15-2012]
Notice of the proposed vacation shall be given to all interested parties at least thirty (30) days before the Board of Aldermen shall act upon the petition or resolution. The responsibility for the service of all notices to interested persons, aside from the publication as set forth in Section 430.035, is upon the petitioner. Petitioner shall have the responsibility to provide proof of proper notice. Notice shall be in accord with Missouri Rules of Civil Procedure 54.12 and 54.13, or as petitions or subpoenas are otherwise permitted to be served. An interested party may in writing waive notice or affirmatively consent to the proposed vacation. Proof of proper notice, waiver of notice, or consent shall be filed with the City Clerk by the petitioner before the Board of Aldermen shall act upon the proposed vacation. Interested parties not knowledgeable after reasonable inquiry may be considered to have been given notice by the public notice of Section 430.040, if the Board of Aldermen finds the same to be the best practicable notice under the circumstances. Interested parties shall have the ability to file a consent or objection to the vacation in writing with the City Clerk at any time prior to the Board of Aldermen acting upon the proposed vacation.
[Ord. No. 1167 §1, 10-15-2012]
A.
At least
fifteen (15) days but not more than forty-five (45) days prior to
the Board of Aldermen acting upon the proposed vacation, the City
Clerk shall give notice of pendency in two (2) public newspapers.
The petitioner shall be responsible for the payment of the cost of
publications prior to the publication being placed in the paper. Said
papers shall include at least one (1) newspaper that qualifies as
a legal publication and another that is distributed on a wide-spread
basis to the residents of the City of Troy. The notice shall contain
the following information:
1.
Legal
description of the proposed property to be vacated;
2.
The
approximate street location or address of the proposed property to
be vacated;
3.
Name
of the person(s) seeking the proposed vacation of the property; and
4.
The
date in which the Board of Aldermen will first consider acting upon
the proposed vacation.
|
|
The petitioner shall be responsible for the payment of any publication costs associated with notice set forth in Section 430.035. The Board of Aldermen are not required to act upon the proposed vacation on the date listed in the notice, if on the published date the Board of Aldermen publicly announce a different date at which the Board of Aldermen will act upon the petition to vacate, in such case notice shall not be required to be republished.
|
[Ord. No. 1167 §1, 10-15-2012]
A sign or signs, not less than twenty (20) inches by twenty-six
(26) inches in dimension, shall be placed on each parcel of land on
which an application for a vacation has been filed with the Board
of Aldermen. Said sign or signs shall be placed on such land at least
fifteen (15) days prior to the date set by the Board of Aldermen to
act on said petition and shall be posted in a conspicuous place upon
said land at a point nearest to the right-of-way of any street or
roadway abutting such land, and so as to be clearly visible to the
traveled portion of such street or roadway. The City Engineer or other
designated City employee shall determine the number of additional
signs to be placed that may be necessary to carry out the intent of
this Section. Said sign shall remain until after the vote on the proposed
ordinance has been held by the Board of Aldermen. Any such sign(s)
shall bear thereon, in letters of sufficient size for readability,
the following: "PUBLIC NOTICE OF HEARING" and "PROPOSED VACATION"
followed by "APPLICATION FOR VACATION OF PROPERTY FILED WITH THE CITY
OF TROY". "THE BOARD OF ALDERMEN WILL VOTE ON THE VACATION ON (insert
dates and times for both the Planning and Zoning Commission and Board
of Aldermen public hearings) IN THE TROY CITY HALL, TROY, MISSOURI".
Any person or persons, firm, association or corporation who shall
remove, mar, scratch, obliterate or in any manner deface, hide from
view or tamper with any such sign or signs shall be deemed a violation
of this Section and shall be guilty of a misdemeanor punishable by
a fine as determined by the City.
[Ord. No. 1167 §1, 10-15-2012]
Before the Board of Aldermen shall act upon the proposed vacation, comments of each concerned utility, each cable company holding a franchise in the City, and any other person holding an interest in the subject of the petition, as to whether each objects to or approves of the proposed vacation shall be filed with the City Clerk. Notice shall be provided to such interested persons as provided in Section 430.030.
[Ord. No. 1167 §1, 10-15-2012]
After receiving reports on the proposed vacation from the Department
of Planning, the Department of Public Works, and the City Attorney,
the Board of Aldermen may, whenever deemed necessary or expedient,
by ordinance vacate all or any part of any public easement, right-of-way,
street, alley, public road, highway, public square, public park or
alley dedicated or conveyed to the City with such conditions and restrictions
as it may deem for the public good. The determination of the vacation
of all or any part of any public easement, right-of-way, street, alley,
public road, highway, public square, public park or alley dedicated
or conveyed to the City shall be determined by the Board of Aldermen
within its discretion under Section 88.673, RSMo.
[Ord. No. 1167 §1, 10-15-2012]
Whenever any public square, street, avenue or alley, or other
highway, shall be vacated, the same shall revert to the owners of
the adjacent lots in proportion as it was taken from them.
