[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.