Whenever the Corporate Authorities determine, in accordance with subsection C of this section, that the public interest will be served by vacating any City street or alley, or part thereof, within the City of Warrenville, they may vacate that street or alley, or part thereof, by adopting an ordinance. Pursuant to its home rule powers, a) when all abutting property owners are to pay compensation or when no compensation is required at all, title will vest equally in all abutting owners; or b) when compensation is paid only by one abutting owner, title to the entire portion of the vacated street will vest with the property owner paying the compensation. Thus, the vacation ordinance will provide which owner or owners of real property abutting the portion of the street or alley to be vacated will acquire title, upon vacation, to all or any portion of the street or alley.
A. Determination: The determination of the Corporate Authorities that the nature and extent of the public use or public interest to be served warrants the vacation of any street or alley, or part thereof, shall be conclusive.
B. Application Fee And Cash Deposit: Whenever an owner of property abutting any street or alley proposes a vacation, the owner shall file with the Office of the Director of Community and Economic Development an application for vacation. The application shall be accompanied by a filing fee of two hundred fifty dollars ($250.00) and a cash deposit in an amount determined by the Director of Community and Economic Development. As a condition precedent to the Corporate Authorities' final approval of any vacation, the applicant shall pay compensation pursuant to subsection F of this section and the costs incurred by the City in completing the vacation, including, without limitation, all survey and engineering costs, attorney's fees, and the actual cost of an appraisal which may be ordered by the Director of Community and Economic Development. The cash deposit shall be credited toward the actual costs incurred by the City in completing the vacation. Any excess amount above the City's actual costs shall be returned to the applicant. The applicant shall be required to increase the cash deposit if necessary to cover the City's actual costs.
C. Votes Required:
1. The ordinance shall require the concurrence of a majority of all members of the Corporate Authorities then holding office, in accordance with subsection 1-5-7B of this Code, when: a) the portion of the street or alley to be vacated is located wholly within the corporate limits of the City of Warrenville; and b) the portion of the street or alley to be vacated does not form a link within a State highway.
2. The ordinance shall require the affirmative vote of at least three-fourths (3/4) of the Aldermen then holding office when: a) any portion of the street or alley proposed to be vacated is located within an unincorporated area or otherwise outside the corporate limits of the City of Warrenville; or b) the street or alley proposed to be vacated forms a link within a State highway.
D. Hearing Required: No ordinance to vacate any street or alley outside the corporate limits of the City of Warrenville shall be passed without notice thereof pursuant to subsection E of this section and a hearing thereon by the Corporate Authorities. At the hearing, all interested persons shall be heard concerning the proposed vacation.
E. Notice Required: At least fifteen (15) days prior to the hearing required pursuant to subsection D of this section, notice of the time, place, and subject matter of the hearing shall be published in a newspaper of general circulation serving the area in which the street or alley proposed to be vacated is located.
F. Compensation: The ordinance shall not become effective until the owner or owners to acquire title in the vacated portion of the street or alley shall have paid compensation to the City of Warrenville in an amount which, in the judgment of the Corporate Authorities, shall be the fair market value of the property acquired. The fair market value of the right-of- way to be vacated may be determined by the appraisal (if required), or based on the benefits that will accrue to the applicant by reason of the requested vacation, or on such other factors as the Corporate Authorities may determine are in the best interests of the public health, safety, and welfare. The ordinance shall also reserve to the City of Warrenville or to any public utility or both, as the case may be, owning such facilities, such property, rights-of-way, and easements as, in the judgment of the Corporate Authorities, are necessary or desirable for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction thereof. (Ord. O2018-21, 5-21-2018)