[CC 1984 §22-70; Ord. No. 4291 §1, 9-5-1989]
Whenever the public necessity, convenience and general welfare
require, the City Council of Richmond Heights may, subject to the
procedure provided below, vacate all or any part of any public easement,
right-of-way, street, alley, public road or highway dedicated or conveyed
to the City of Richmond Heights, or title to which or authority over
which is vested in the City by operation of law. A vacation may be
initiated by a resolution of the City Council, by the verified petition
of an interested party, or by petition of the Street Superintendent
and City Manager.
[CC 1984 §22-71; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
For the purpose of this Article, an "interested party" includes any owner, including lessees of real property abutting
or touching on the proposed vacation and any owner, including lessees
of real 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 and any utility whose franchise rights
would be adversely affected by the vacation. Ownership shall be determined
solely be reference to the records of the Assessor of St. Louis County,
the Recorder of Deeds of St, Louis County, and the license and occupancy
records of the City of Richmond Heights.
[CC 1984 §22-72; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
A petition for vacation shall be on forms provided by the City
and shall be filed with the City Clerk. Each petition shall include
an accurate description of the public easement, right-of-way, street,
alley, public road or highway sought to be vacated, its location and
the names of all interested parties. A petition by an interested party
shall be accompanied by a waiver of damages by such party in which
such party agrees to indemnify, defend and hold the City, its agents
and employees, harmless from any claims for damages arising out of
such vacation.
[CC 1984 §22-73; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
Notice of the proposed vacation shall be given to all interested
parties at least fifteen (15) days before the City Council shall hold
a public hearing upon the petition or resolution. Notice shall be
mailed by certified mail, return receipt requested. 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 before the City Council shall hold
a public hearing upon the proposed vacation.
[CC 1984 §22-74; Ord. No. 4291 §1, 9-5-1989]
At least fifteen (15) days before the City Council shall act
upon said proposed vacation, the Zoning Administrator shall give notice
of a hearing before the City Council in a public newspaper distributed
in the City.
[CC 1984 §22-80; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
Before the City Council shall act upon the proposed vacation,
comments of each concerned utility as to whether each such utility
objects to or approves of the proposed vacation may be filed with
the City Clerk.
[CC 1984 §22-81; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
The Planning and Zoning Commission of the City of Richmond Heights
shall review all petitions or resolutions for street vacations and
shall make a recommendation for approval or disapproval. In case of
disapproval, the Commission shall communicate its reasons to the Council.
The Council, by vote of not less than two-thirds (2/3) of its entire
membership, may overrule such disapproval. The failure of the Commission
to act within sixty (60) days after submission to it of the petition
or resolution shall be deemed to be an approval. The Traffic Committee
of the City of Richmond Heights shall report on the effect of the
proposed vacation on traffic.
[CC 1984 §22-82; Ord. No. 4291 §1, 9-5-1989; Ord.
No. 4324 §1, 3-19-1990]
After receiving reports on the proposed vacation from the Traffic
Committee and the Planning and Zoning Commission and after a public
hearing at which any interested party shall be heard, the City Council
may, by ordinance, vacate the concerned public easement, right-of-way,
street, alley, public road or highway with such conditions and restrictions
as it may deem for the public good.
[CC 1984 §22-83; Ord. No. 4291 §1, 9-5-1989]
All vacation proceedings under the authority of State Statute
or ordinance pending on the effective date of this Article shall continue
to be processed in accordance with such Statute or ordinance. All
future vacation proceedings within the purview of this Article shall
be in accord with the provisions hereof.
