(a) Any adjoining property owner who desires the vacation of a street or alley shall file with the Clerk of Council a petition requesting the same. This petition shall read substantially as follows:
PETITION TO VACATE STREET OR ALLEY
To the Council of the City of Shelby, Ohio:
We, the undersigned owners of lots in the City of Shelby, Richland County, Ohio, abutting on the street or alley hereinafter described, to wit: (insert an adequate description of the street or alley proposed to be vacated and attach a plat and description prepared by a registered surveyor showing the street or alley)
,
respectfully petition that the street or alley be vacated between the points aforesaid for the following reason(s):
We state that the vacation will not be detrimental to the general interests of the citizens of the City of Shelby. We acknowledge that the vacation will be subject to the provisions of Ohio R.C. § 723.041, wherein a permanent easement in the vacated street or alley will be retained by and for the benefit of the city and other public utilities.
WARNING!
Sign only your own name upon this petition. Signing another person's name constitutes a violation of law and may invalidate this petition. If you have the legal authority to sign on behalf of another, such as a guardianship or a power of attorney, attach a copy of your legal authority to this petition.
NAME ADDRESS PHONE LOT NUMBER(S)
CIRCULATOR'S STATEMENT
I, ____________________, declare under penalty of law that I reside at the address appearing below my signature hereto; that I am the circulator of the foregoing petition containing ______ (number) signatures; that I witnessed the affixing of every signature; that all signers are to the best of my knowledge qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be.
(signature of circulator)
(residence address of circulator)
CERTIFICATE OF VALIDITY
I, the undersigned, being the duly elected and qualified Director of Finance and Public Record, and ex officio Clerk of Council, do hereby certify to the Council of the City of Shelby that I have reviewed and examined the foregoing petition and find the same to be sufficient and valid.
Director of Finance and Public Record
(b) The petition shall contain the signatures of not less than 51% of the adjoining property owners. A filing fee of $150 to cover the costs of notification, publication, recording and other direct costs shall accompany the petition and shall be deposited into the General Fund. The Clerk of Council shall determine the validity and sufficiency of the petition and shall certify the same to City Council in writing no later than the second regular Council meeting after its filing.
(Ord. 35-99, passed 7-19-1999; Ord. 35-2018, passed 1-22-2019)