1. Power to Vacate. When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof, or any public grounds, the Council may do so by ordinance in accordance with the provisions of this section.
(Code of Iowa, Sec. 364.12[2a])
2. Planning and Zoning Commission. Any proposal to vacate a street, alley, portion thereof, or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within 30 days after the date the proposed vacation is referred to the commission.
(Code of Iowa, Sec. 392.1)
3. Notice of Vacation Hearing. The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.
4. Findings Required. No street, alley, portion thereof, or any public grounds shall be vacated unless the Council finds that:
A. Public Use. The street, alley, portion thereof, or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.
B. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.
5. Disposal of Vacated Streets or Alleys. When, in the judgment of the Council, it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7 of the Code of Iowa.
(Code of Iowa, Sec. 364.7)
6. Disposal by Gift Limited. The City may not dispose of real property by gift except to a governmental body for a public purpose.
(Code of Iowa, Sec. 364.7[3])
EDITOR’S NOTE
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EDITOR’S NOTE
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The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys and/or public grounds and remain in full force and effect. | |||
ORDINANCE NO. | ADOPTED | ORDINANCE NO. | ADOPTED |
49 | December 7, 1967 | ||
51 | March 21, 1968 | ||
72 | November 20, 1969 | ||
82 | July 2, 1970 | ||
126 | November 2, 1972 | ||
131 | March 29, 1973 | ||
142 | August 16, 1973 | ||
146 | September 6, 1973 | ||
210 | May 27, 1977 | ||
344 | May 20, 1986 | ||
370 | April 2, 1987 | ||
411 | August 18, 1988 | ||
438 | April 27, 1989 | ||
439 | April 27, 1989 | ||
449 | October 5, 1989 | ||
456 | March 15, 1990 | ||
463 | August 2, 1990 | ||
469 | October 4, 1990 | ||
483 | March 28, 1991 | ||
489 | May 16, 1991 | ||
536 | March 4, 1993 | ||
585 | November 17, 1994 | ||