[R.O. 2003 § 510.010; CC 1997 § 90.010]
No person, business, corporation
or any other business organization shall make or cause to be made
any cut or excavation in, through or under any street, sidewalk, alley,
easement, public place or right-of-way in the City for any purpose
whatsoever without a permit therefor being first obtained from the
City Clerk in accordance with the provisions of this Article. A separate
permit shall be obtained for each cut or excavation to be made.
[R.O. 2003 § 510.020; CC 1997 § 90.020]
A.
An application for a permit under the provisions
of this Article shall be signed by the person who desires to do the
work designated in the application or by his/her duly authorized agent.
Such application shall not be assignable, and no person shall allow
his/her name to be used in any permit for any other person. The applicant
for the permit shall designate on a map or diagram placed upon or
attached to the application the location of the proposed cut or excavation
to be made in such a manner that the house number or lot number in
front of which, and the side of the street upon which the same is
to be made, is plainly indicated. The map or diagram shall also show
dimensions and character of the proposed cut or excavation.
B.
The application shall take such form and
require such information as is deemed necessary by the Street Commissioner
to insure that the work is being done in an acceptable and approved
manner and that said cut or excavation in any street, sidewalk, easement,
alley, public place or right-of-way will be restored in an acceptable
condition.
[R.O. 2003 § 510.030; CC 1997 § 90.030; Ord. No. 1095-10 § 510.030, 6-14-2010]
Before any permit referred to in
this Article shall be issued for excavation in, through or under any
street, sidewalk, alley, easement, public place or right-of-way in
the City, the applicant for such permit shall pay to the City Clerk
the sum of fifty dollars ($50.00) for such permit. Excavations in,
through or under any street will incur an additional damage restoration
fee of five dollars ($5.00) per square foot, plus the cost of materials.
[R.O. 2003 § 510.040; CC 1997 § 90.040]
Before any permit referred to in
this Article shall be issued for excavation in, through or under any
street, sidewalk, alley, easement, public place or right-of-way in
the City, the applicant for such permit shall have deposited with
the City Clerk a bond in a sum which, in the judgment of the Public
Works Director, will be sufficient to restore the street, sidewalk,
alley, easement, public place or right-of-way in as good condition
as it was before the excavation was made and to pay any and all costs
incurred by the City in repairing said excavation. If all the requirements
of this Article as hereinafter provided shall be fulfilled, and after
inspection, said bond amount shall be fully returned to the applicant.
If all requirements hereinafter provided are not completed in accordance
with the requirements herein within ten (10) working days, the total
amount of the bond shall be retained by the City as herein provided.
If the City is to make a refund hereunder, the same may be deferred
for a period of no longer than sixty (60) days to permit evaluation
of lasting qualities of repair made by the applicant and whether any
future or further repairs shall be required. If so, such future or
further repairs and the bond shall be handled in the same manner as
set forth above herein.
[R.O. 2003 § 510.050; CC 1997 § 90.050]
Each cut or excavation for which
a permit is granted under this Article shall be begun within thirty
(30) days from the date of issuance of the permit therefor; otherwise,
the permit shall be null and void, and a new permit shall be required
before the cut or excavation is made.
[R.O. 2003 § 510.060; CC 1997 § 90.060]
Any person making a cut or excavation
or refilling the same shall do so in the manner designated and required
by the Street Commissioner who is hereby authorized to promulgate
rules, regulations and specifications for the making of pavement cuts
or excavations and the refilling of the same and to provide for the
safety and convenience of the public.
[R.O. 2003 § 510.070; CC 1997 § 90.070; Ord. No. 1095-10 § 510.070, 6-14-2010]
Any person, business, firm or other
business entity making any cut or excavation in any public street,
sidewalk, easement, alley, right-of-way or public place shall, in
addition to the provisions contained herein, resurface said excavation
or cut site so that the surface at the site of such cut or excavation
shall be the same as the surrounding area of such public street, sidewalk,
easement, alley, public place or right-of-way. Surfaces of such cuts
shall be replaced as soon as possible to meet City specifications.
If surface repair is performed by City personnel, the costs of such
work will be assessed to the permit holder.
[R.O. 2003 § 510.080; CC 1997 § 90.080]
Every person who shall in any manner
render or cause to be dangerous any street, sidewalk, easement, alley,
public place or right-of-way by the making of an excavation shall,
from sunset to sunrise, provide and properly place such barriers and
lights around such dangerous area as will prevent persons, animals
or vehicles from falling into said excavation and shall take such
other precautions as may be reasonably required by the Street Commissioner.
Whenever any person shall excavate a sidewalk, it shall be his/her
duty to place a strong and suitable footbridge over such excavation
in the line of the sidewalk at least five (5) feet wide and securely
anchored on each end or, in lieu thereof, to provide adequate protection
for pedestrian traffic to go around said excavation.
[R.O. 2003 § 510.090; CC 1997 § 90.090]
Any person who shall violate, fail,
neglect or refuse to comply with any provision or requirement of this
Article or of any regulation or requirement made pursuant to it shall
be guilty of an ordinance violation.
[Ord. No. 1194-17, 8-14-2017]
This Article shall be known and may be referred to as the Vacation
of Public Streets, Roads and Easements Article of the City of Gallatin,
Missouri.
[Ord. No. 1194-17, 8-14-2017]
The purpose of this Article is to regulate and control the vacation
of public streets, roads and easements within the City of Gallatin.
The Board of Aldermen, pursuant to Section 88.673, RSMo., has the
power to vacate or discontinue any public square, public park, street,
avenue, alley or other highway, old or new, whenever it is deemed
necessary or expedient. The provisions herein are designed to provide
notice and protection of the citizens of Gallatin, Missouri, and property
owners, and to preserve and enhance the value of property throughout
the City.
[Ord. No. 1194-17, 8-14-2017]
For the purpose of this Article, the following terms are defined
as follows:
Includes any owner of property abutting or touching on the
proposed vacation, any owner of an easement abutting or touching the
proposed vacation and any owner of 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.
Includes the owner or owners of record indicated upon the
records of the Daviess County Recorder's office on the date of the
filing of the petition for vacation with the City Clerk.
The person, corporation, group or entity who filed the petition
for vacation with the City Clerk.
[Ord. No. 1194-17, 8-14-2017]
A.
A petition
for vacation shall be on forms approved by the City Board of Aldermen
and shall be addressed to the Board of Aldermen and filed, together
with a filing fee of two hundred dollars ($200.00), with the City
Clerk. Each petition shall include:
1.
An accurate legal description of the public easement, right-of-way,
street, alley, public road or highway sought to be vacated;
2.
An accurate drawing of such description which depicts the property
to be vacated and the ownership of real property which directly connects
with the property to be vacated; and
3.
Its location and the names and addresses of all interested parties.
[Ord. No. 1194-17, 8-14-2017]
Notice of the proposed vacation shall be given to all interested parties at least thirty (30) days before the Board of Aldermen shall act upon the petition or resolution. The responsibility for the service of all notices to interested persons, aside from the publication as set forth in Section 510.150, is upon the petitioner. Petitioner shall have the responsibility to provide proof of proper notice. Notice shall be in accord with Missouri Rules of Civil Procedure 54.12 and 54.13, or as civil petitions or subpoenas are otherwise permitted to be served. 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 by the petitioner before the Board of Aldermen shall act upon the proposed vacation. Interested parties not knowledgeable after reasonable inquiry may be considered to have been given notice by the public notice of Section 510.160, if the Board of Aldermen finds the same to be the best practicable notice under the circumstances. Interested parties shall have the ability to file a consent or objection to the vacation, in writing, with the City Clerk at any time prior to the Board of Aldermen acting upon the proposed vacation.
[Ord. No. 1194-17, 8-14-2017]
A.
At
least fifteen (15) days but not more than forty-five (45) days prior
to the Board of Aldermen acting upon the proposed vacation, the City
Clerk shall give notice of pendency in a public newspaper within the
City. The petitioner shall be responsible for the payment of the cost
of publications prior to the publication being placed in the paper.
The newspaper shall be a newspaper that qualifies as a legal publication
and another that is distributed on a wide-spread basis to the residents
of the City of Gallatin. The notice shall contain the following information:
1.
Legal description of the proposed property to be vacated;
2.
The approximate street location or address of the proposed property
to be vacated;
3.
Name of the person(s) seeking the proposed vacation of the property;
and
4.
The date in which the Board of Aldermen will first consider acting
upon the proposed vacation.
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The petitioner shall be responsible for the payment of any publication
costs associated with notice set forth in this Section. The Board
of Aldermen are not required to act upon the proposed vacation on
the date listed in the notice, if on the published date the Board
of Aldermen publicly announce a different date at which the Board
of Aldermen will act upon the petition to vacate, in such case notice
shall not be required to be republished.
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[Ord. No. 1194-17, 8-14-2017]
A.
A sign
or signs, not less than twenty (20) inches by twenty-six (26) inches
in dimension, shall be placed on each parcel of land on which an application
for a vacation has been filed with the Board of Aldermen. Said sign
or signs shall be placed on such land at least fifteen (15) days prior
to the date set by the Board of Aldermen to act on said petition and
shall be posted in a conspicuous place upon said land at a point nearest
to the right-of-way of any street or roadway abutting such land, and
so as to be clearly visible to the traveled portion of such street
or roadway. The engineer acting for the City or other designated City
employee shall determine the number of additional signs to be placed
that may be necessary to carry out the intent of this Section.
B.
Said
sign shall remain until after the vote on the proposed ordinance has
been held by the Board of Aldermen.
C.
Any
such sign(s) shall bear thereon, in letters of sufficient size for
readability, the following: "PUBLIC NOTICE OF HEARING" and "PROPOSED
VACATION" followed by "APPLICATION FOR VACATION OF PROPERTY FILED
WITH THE CITY OF GALLATIN." "THE BOARD OF ALDERMEN WILL VOTE ON THE
VACATION ON (insert dates and times for both the Planning and Zoning
Commission and Board of Aldermen public hearings) IN THE GALLATIN
CITY HALL, GALLATIN, MISSOURI." Any person or persons, firm, association
or corporation who shall remove, mar, scratch, obliterate or in any
manner deface, hide from view or tamper with any such sign or signs
shall be deemed a violation of this Section and shall be guilty of
an ordinance violation punishable by a fine of not less than twenty-five
dollars ($25.00) nor more than two hundred fifty dollars ($250.00).
[Ord. No. 1194-17, 8-14-2017]
Before the Board of Aldermen shall act upon the proposed vacation, comments of each concerned utility, each cable company holding a franchise in the City, and any other person holding an interest in the subject of the petition, as to whether each objects to or approves of the proposed vacation shall be filed with the City Clerk. Notice shall be provided to such interested persons as provided in Section 510.130.
[Ord. No. 1194-17, 8-14-2017]
After receiving reports on the proposed vacation from the Planning
and Zoning Board, and the Department of Public Works, the Board of
Aldermen may, whenever deemed necessary or expedient, by ordinance
vacate all or any part of any public easement, right-of-way, street,
alley, public road, highway, public square, public park or alley dedicated
or conveyed to the City with such conditions and restrictions as it
may deem for the public good. The determination of the vacation of
all or any part of any public easement, right-of-way, street, alley,
public road, highway, public square, public park or alley dedicated
or conveyed to the City shall be determined by the Board of Aldermen
within its discretion under Section 88.673, RSMo.
[Ord. No. 1194-17, 8-14-2017]
Whenever any public square, street, avenue or alley, or other
highway, shall be vacated, the same shall revert to the owners of
the adjacent lots in proportion as it was taken from them.
