[Ord. 820, 1/12/1973, Section 1; amended by Ord. 1511, 10/24/1996,
Section 1]
If any resident or owner of real estate in the Borough shall
desire to petition the Council for the vacation of any street, alley
or other public right-of-way within such Borough, such petitioner(s)
shall, at or before the delivery of the petition to vacate, to the
Borough of State College, provide the following information:
a.
If
the right-of-way proposed to be vacated shall be on a plan recorded
in the Recorder's Office of Centre County, Pennsylvania, the lot numbers
and addresses and the names of all owners of property appearing on
such plan;
b.
The
names of all owners of all property abutting on the right-of-way or
portion thereof proposed to be vacated;
c.
Such
petitioner(s), at the time of presenting such petition, shall also
pay to the Borough the sum of $250 to cover the costs of the vacation
procedure.
[Ord. 820, 1/12/1973, Section 2; amended by Ord. 1511, 10/24/1996,
Section 2]
Any petition requesting the vacation of such rights-of-way shall
be on a form prepared by and provided for such purposes by the Borough.
Such petition shall, among other matters, contain a release of the
Borough of State College from all damages as a result of such vacation.
[Ord. 820, 1/12/1973, Section 3; amended by Ord. 1099, 12/13/1984,
Section 1; Ord. 1511, 10/24/1996, Section 3]
After receipt of any petition for vacation, the Council of the
Borough shall determine whether to conduct a hearing on such petition.
If the Council elects to do so, it shall cause the necessary newspaper
advertising to be made and shall perform service of personal notice,
as required by the Borough Code. The cost of such newspaper advertising
and the cost of any such personal service shall be paid from the fee
referred to hereinabove.
[Ord. 820, 1/12/1973, Section 4; amended by Ord. 1099, 12/13/1984,
Section 2; Ord. 1511, 10/24/1996, Section 4]
In the event such vacation shall be approved by ordinance, the
Borough shall give notice to the owners of all property abutting on
the vacated portion as required by the Borough Code. The cost of such
notice shall be paid from the fee. In addition, the cost of advertising
the enactment of such ordinance shall be paid from the fee.
[Ord. 820, 1/12/1973, Section 5; amended by Ord. 1511, 10/24/1996,
Section 5]
In the event that, after enactment of any such ordinance, any
such party petitions Council for a hearing, as provided in the Borough
Code, the cost of newspaper advertising shall be paid from such fee.
In the event of an appeal to the Court of Common Pleas of Centre County
from the enactment of any such ordinance, the Borough shall not be
required to defend such appeal unless the petitioner(s) shall pay
all the costs of such appeal, including a reasonable attorney's fee.
[Ord. 820, 1/12/1973, Section 6; amended by Ord. 1511, 10/24/1996,
Section 6]
In addition to the payment of actual costs of advertising, service,
etc., as set forth herein, the Borough shall retain any additional
costs from such fund for its general expenses in the handling of such
vacation procedures.
[Ord. 820, 1/12/1973, Section 7; amended by Ord. 1511, 10/24/1996,
Section 7]
Nothing herein contained shall be deemed to require the Borough
of State College to vacate any right-of-way for which a petition is
filed, the decision whether to vacate or not resting solely in the
discretion of the Council of such Borough.
