The following rules and regulations shall be established and shall be followed by the City Council in determining whether or not to vacate any street or alley in the city:
(A) If the Council determines that the public interest of the city will be served thereby, the Council may adopt an ordinance to vacate a street or alley or a part thereof, upon an affirmative vote of three-fourths of the aldermen then holding office, during a regular or special Council meeting.
(B) All ordinances, resolutions, and motions of the Council relating to this section shall comply with all laws of the state governing the vacation of streets and alleys by a municipality.
(C) Any request for vacation of a street or alley by any person or entity other than the city shall follow the procedure set forth below:
(1) The applicant shall make a verbal request to the City Administrator. The City Council shall review the request and shall vote to either recommend or deny the request (“preliminary vote”). No Alderman shall be bound to vote for or against an ordinance granting a vacation based upon the preliminary vote.
(2) After the preliminary vote, the applicant may file a written petition requesting the vacation of a street or alley which petition shall include the following:
(a) A filing fee in the amount of $60.
(b) A complete description and accurate map of the area to be vacated.
(c) The reason for the request.
(d) A statement listing all public utilities located in the proposed area to be vacated.
(3) If the City Council denies the application, the filing fee shall be refunded if the majority of the Council had voted in favor of the vacation at the preliminary vote.
(4) The City Council shall determine the estimated fair market value of the street or alley requested to be vacated at its sole cost and expense.
(D) The petitioner shall be required to contact JULIE or its successor or equivalent to locate all underground public utilities in the proposed area to be vacated.
(E) The Council shall determine by majority vote whether or not a notice of the vacation of the street or alley shall be published at least once in the Fulton Journal not less than 15 days before the meeting to be held to pass the ordinance to vacate the street or alley. No publication notice shall be required unless required by state law or required by Council action.
(F) No vacation ordinance shall become effective until the owners of all property or the owners of a particular parcel or parcels of property abutting upon the street or alley, or part thereof so vacated, shall pay compensation in an amount which, in the judgment of the Council, shall be the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation.
(G) If any public service facilities located in, under, over, or upon such street or alley, or any part thereof, or in the judgment of the city public service facilities may be installed anytime in the future, the ordinance may reserve to the city or to any public utility, as the case may be, owning such facilities, such licenses, rights-of-way or easements as, in the judgment of the city, are necessary or desirable for continuing public service by means of those facilities now or in the future and for the maintenance, renewal and reconstruction thereof.
(H) The Council shall have the authority to determine which adjoining property owner or owners shall be permitted to obtain ownership of the area to be vacated and what part of the area to be vacated each owner or owners shall receive, as permitted by the Illinois Municipal Code. If the ordinance provides that only the owner or owners of one particular parcel of abutting property shall make payment, then the owner or owners of the particular parcel shall acquire title to the entire vacated street or alley, or the part thereof vacated.
(I) The determination by the Council that the nature and extent of the public use or public interest to be served is such as to warrant the vacation of any street or alley, or part thereof, is conclusive, and the passage of such an ordinance is sufficient evidence of that determination, whether recited in the ordinance or not. The relief to the public from further burden and responsibility of maintaining any street or alley, or part thereof, constitutes a public use or public interest authorizing a vacation.
(Ord. 1282, passed 6-6-05; Am. Ord. 1459, passed 7-2-12)