(a) Contents. Any petition for the vacation of public alleys or streets, or parts thereof, shall be filed by the owner requesting such vacation. Such petitions shall contain:
(1) The name and street address of the petitioner;
(2) The lot number of the real estate owned by the petitioner adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, or if such real estate consists of a part of a lot, or a description other than a lot number, then an abbreviated but accurate description of such real estate.
(3) A list of the names and addresses of all owners of property adjacent to and abutting upon such alley or street, or part thereof, proposed to be vacated, including those directly across the street from such area proposed to be vacated;
(4) An accurate legal description of the alley, street, or portion thereof, proposed to be vacated;
(5) An accurate map, diagram or sketch of the street, alley, or part thereof, proposed to be vacated, and the lands adjacent to and abutting upon such portion to be vacated, as well as those located directly across the street from such area;
(6) A recordable plat of the street, alley, or portion thereof, to be vacated, in the size and form required by the Putnam County Recorder.
(7) Facts indicating that the vacation will not be detrimental to the general public interest, and a statement disclosing the reason for the proposed vacation; and
(8) A certification by the petitioner, or his attorney, that such person has personally examined the records in the County Treasurer's and Recorder's offices, and that the descriptions, ownerships and addresses are the same as those shown in such records.
Before such petition is presented to Council for action, it shall be submitted to the Planning Commission for action thereon as required by law.
(b) Fee. When a petition to vacate a public street or alley or portion thereof is filed with Council, as provided in subsection (a) hereof, there shall be paid to the Village Fiscal Officer a fee sufficient to cover the costs of investigation, legal notices and other expenses incidental to the determination of such matter. Such fees shall be delivered to the Village Fiscal Officer and credited to the General Fund of the Village.
(c) Waiver and Consent. Whenever the Village is an abutting owner in any proceeding to vacate a street, alley, avenue or part thereof, the Mayor, if he deems it to be in the best interest of the Village, may waive notice thereof and consent to such vacation. Such waiver and consent shall be filed with Council.
(d) Certification. If the ordinance to vacate the street or alley is approved, the Village Fiscal Officer shall certify the same with the plat to the County Recorder.
(Ord. 1987-9. Passed 5-26-87; Ord. 2003-1. Passed 1-13-03.)