[CC 1999 §23-41; R.O. 1962 §317]
Streets, avenues, alleys, lots, commons and public grounds and
parts thereof within the City and unimproved additions to the City
may be vacated by the City Council only in the manner provided in
this Article.
[CC 1999 §23-42; Ord. No. 90-55, 11-26-1990]
Whenever any interested person or corporation may desire to
have vacated any street, avenue, alley, lot, common or public ground
or any part thereof within the corporate limits of the City, such
person or corporation may petition the City Council therefor, giving
a distinct description of the property to be vacated and the names
of the persons to be affected thereby; which petition shall be filed
with the City Clerk at least thirty (30) days before any hearing thereon
and notice of the pendency of said petition shall be given for the
same space of time, before any such hearing, either by advertisement
in a newspaper printed and published in the City or by printed, written
or typewritten notices posted in at least three (3) of the most public
places within the City. All costs associated with any proposed vacation
shall be posted with the City Treasurer in advance by the applicant
which shall include, but not be limited to, publication costs.
[CC 1999 §23-43; Ord. No. 90-55, 11-26-1990]
At the hearing on any petition under this Article, if no substantial
opposition be made to same, the City Council may, by ordinance, order
vacated the street, alley or the land in question, with such restrictions
or conditions as the Council may deem to be for the public good, but
if substantial opposition be made by an adjoining owner or owners,
the hearing shall be continued to a time fixed by the Council, at
which time, if the objector or objectors consent to such vacation,
the Council may by ordinance make the vacation prayed for or if objections
continue, the City Council may vacate the street, avenue, alley or
other public property or part thereof, provided that two-thirds (2/3)
of the owners of property adjoining hereto shall consent in writing
to such vacation, which consent shall be acknowledged as in the case
of conveyances of real estate and shall be filed for record in the
office of the County Recorder of Deeds. A copy of the record of such
written consent and the acknowledgment thereof, duly certified by
the Recorder of Deeds, shall be filed with the City Clerk at or before
any final hearing by the Council on a petition to vacate any street,
avenue, alley or other public highway or part thereof.
[CC 1999 §23-44; R.O. 1962 §320]
The land vacated, if it be a lot, shall be transferred to private
ownership by quitclaim deed according to law; and if it be a street,
avenue, alley or other public highway or part thereof, the same shall
be attached to the ground bordering thereto and all title therein
shall be vested in the owners of the property on each side thereof
in equal proportions, according to the length or breadth of such ground,
as the same may border on such street, avenue, alley or other highway
or part thereof so vacated.
[CC 1999 §23-45; R.O. 1962 §321]
Any person who has laid off an addition to this City which has
not been improved and who is the legal owner of all the lots contained
in such addition, or any other person who shall have become the legal
owner of all such lots, may have such addition or any part hereof
vacated, by ordinance of the City Council, after notice as hereinbefore
provided and proof of ownership of such lots; but such act of vacation
shall have no force or effect until a copy of the ordinance and other
proceedings of the Council, certified under the hand and Seal of the
City Clerk, shall have been filed for record in the office of the
County Recorder of Deeds.
