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§ 151.061 CONSTRUCTION; PASSAGE OF RESOLUTION.
   (A)   Whenever the Council determines that any street or storm drainage system shall be constructed or repaired within the city, it shall pass a resolution to that effect, describing in the said resolution the location of the proposed street or storm drainage system and the time within which such work shall be completed.
   (B)   The Council shall allow a minimum of 30 days for resident property owners and 60 days for non-resident property owners to complete the construction of any such street or storm drainage system improvement.
   (C)   Such resolution shall state whether the improvements are to be constructed at the expense of the adjacent or abutting property owners, or at the general expense of city residents.
   (D)   If the improvements are to be constructed at the expense of the adjacent or abutting property owners, the city shall following the procedure as set forth in §§ 151.095 through 151.114.
   (E)   This section shall not apply to sidewalks and curbs. The procedure for sidewalks and curbs is set forth in §§ 151.015 through 151.044.
(Ord. 350, passed 4-13-1992)
VACATION OF STREET, PUBLIC PLACE, OR PLAT
§ 151.075 VACATION; PETITION; CONSENT OF PROPERTY OWNERS.
   (A)   Whenever any person interested in any real property within the city desires to vacate all or part of any street, alley, plat, or other public place, such person may file a petition therefor setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation.
   (B)   (1)   There shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two-thirds in area of the real property affected thereby.
      (2)   The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated.
      (3)   Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted. In the vacation of any plat or part thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, except where such vacation embraces street area, when, as to such street area the above requirements shall also apply. The consent of the owners of the required amount of property shall be in writing and duly acknowledged before an officer authorized to take acknowledgments of deeds.
   (C)   (1)   The person presenting the petition for the vacation shall pay to the City Recorder an amount that shall be determined by the City Council as a minimum fee to cover the costs relating to the vacation.
      (2)   If the actual cost of advertising and expenses, and all processing costs, including employee salaries, related to the vacation exceed the amount of the minimum fee, a sum sufficient to cover all such costs shall be collected before the vacation is completed, and payment thereof shall be a condition of the vacating ordinance.
(Ord. 319, passed 9-12-1988)
§ 151.076 FILING OF PETITION; NOTICE.
   The petition shall be presented to the City Recorder. If found by the Recorder to be sufficient, the Recorder shall file it and inform at least one of the petitioners when the petition will come before the Planning Commission and the Council. A failure to give such information shall not be in any respect a lack of jurisdiction to proceed on the petition.
(Ord. 319, passed 9-12-1988)
§ 151.077 PRELIMINARY CONSIDERATION OF PETITION.
   (A)   The City Recorder shall refer the petition to the Planning Commission and to the City Engineer for reports on the proposed vacation. The reports shall include recommendations on the vacation and any special public reservation or conditions applicable to the vacation. Upon receiving the reports, the City Recorder shall forward the petition to the Council for its consideration. The Council shall schedule a time for a formal hearing upon the petition and direct the City Recorder to give notice of the petition and hearing by publishing a notice in a newspaper of general circulation once each week for four consecutive weeks and to also post written notice of the petition and hearing in three of the most public places in the city. The notices shall describe the ground covered by the petition, give the date it was filed, the name of at least one of the petitioners and the date when the petition, and any objection or remonstrance, which may be made in writing and filed with the City Recorder prior to the time of hearing, will be heard and considered.
   (B)   Within five days after the first day of publication of the notice the City Recorder shall cause to be posted at or near each end of the proposed vacation a copy of the notice which shall be headed, “Notice of Street Vacation”, “Notice of Plat Vacation”, or “Notice of Plat and Street Vacation”, as the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be not less than 28 days before the hearing.
(Ord. 319, passed 9-12-1988)
§ 151.078 HEARING; DETERMINATION.
   (A)   (1)   At the time fixed by the Council for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the Council shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof.
      (2)   If such matters are determined in favor of the petition the Council shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition.
      (3)   The Council may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest.
   (B)   The reservations or conditions may pertain to:
      (1)   The maintenance and use of underground public utilities or service facilities in the portion vacated;
      (2)   Limitations on use of the area above and adjacent to underground utilities or service facilities;
      (3)   Moving at petitioner’s expense of utility or service facilities either below, on or above the surface;
      (4)   Construction, extension, or relocation of sidewalks and curbs;
      (5)   Grading or pavement extensions;
      (6)   Dedication for street use or other area in lieu of the area to be vacated;
      (7)   Replat; and
      (8)   Any other matter of like or different nature relating to the vacated area and remaining or relocated street area adjacent to petitioner’s property or area dedicated in lieu of the vacation area.
(Ord. 319, passed 9-12-1988)
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