Street or alley vacation may be initiated by petition of property owners in the following manner:
(a) File with Council a petition to request a street or alley vacation.
(1) The petition must contain the following information:
A. The description or location of the property. (see attached sample)
B. Names, addresses and signatures of at least 51% of the property owners that abut the street or alley that is being requested to be vacated.
C. If there is 100% of the signatures, a statement must be included that waives the notice requirements. The property owners or their agent are the only persons eligible to initiate the petition.
D. A plat must be accompanied with the petition. There are no exceptions. This cost is the responsibility of the petitioner(s).
E. A list of abutting property owners if it is a majority petition.
F. A $50.00 filing fee is required upon filing. It is understood that the petitioners are responsible for all costs associated with the filing of this petition, i.e. postage, legal notice requirements. If the costs are more than the initial filing fee, the petitioner will be required to have all costs paid prior to the passage of the legislation.
(b) Upon receipt of such petition, Council shall:
(1) Set a date for a public hearing on the proposed request.
A. If the petition is 100% agreement and the waiver of notice is signed, no notice will be given.
B. If the petition is a majority petition, the notice requirements are as follows:
1. The notice must be published once a week for six consecutive weeks.
2. Notices will be mailed to abutting property owners.
C. If it is a majority petition a public hearing will be set on the day of the next regular scheduled meeting after the 6 week notification has been met. If it is 100% agreement the public hearing will be set on the day of the next regular scheduled meeting after 30 days from the date it is read at Council.
(c) The City of Delphos Planning Commission will meet at a regular scheduled meeting time to review the petition and make a recommendation to City Council prior to the public hearing.
(d) The failure of the Planning Commission to report to City Council prior to the public hearing shall be deemed to be an approval of such street or alley vacation.
(e) City Council will pass or defeat the legislation in accordance to law.
(Ord. 2002-62. Passed 3-11-03.)