[R.O. 1998 § 530.300; Ord. No. 3112, 5-7-2018]
Whenever the public necessity, convenience
and general welfare require, the Board of Aldermen of St. Ann 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 St. Ann, 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 Board of Aldermen,
by the verified petition of an interested party, or by petition of
the Administrator.
[R.O. 1998 § 530.310; Ord. No. 3112, 5-7-2018]
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 by 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 St. Ann.
[R.O. 1998 § 530.320; Ord. No. 3112, 5-7-2018]
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.
[R.O. 1998 § 530.330; Ord. No. 3112, 5-7-2018]
Notice of the proposed vacation shall
be given to all interested parties at least fifteen (15) days before
the Board of Aldermen 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 Board
of Aldermen shall hold a public hearing upon the proposed vacation.
[R.O. 1998 § 530.340; Ord. No. 3112, 5-7-2018]
At least fifteen (15) days before
the Board of Aldermen shall act upon said proposed vacation, the City
Administrator shall give notice of a hearing before the Board of Aldermen
in a public newspaper distributed in the City.
[R.O. 1998 § 530.350; Ord. No. 3112, 5-7-2018]
Before the Board of Aldermen 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.
[R.O. 1998 § 530.360; Ord. No. 3112, 5-7-2018]
The Planning and Zoning Commission
of the City of St. Ann 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 Board of Aldermen. The Board of Aldermen, 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.
[R.O. 1998 § 530.370; Ord. No. 3112, 5-7-2018]
After receiving reports on the proposed
vacation from the Planning and Zoning Commission and after a public
hearing at which any interested party shall be heard, the Board of
Aldermen 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.
[R.O. 1998 § 530.380; Ord. No. 3112, 5-7-2018]
All vacation proceedings under the
authority of State Statute or ordinance pending on the effective date
of this Article (April 7, 2018) 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.