NUMB:
980680
VERS:
ORIGINAL
REF:
XXBY:
ALD. HENNINGSEN
TITL:
An ordinance relating to the procedure for vacating streets and alleys.
SECS:
81-49.5-4 rp
81-49.5-5 rn
81-116 rc
301-7 rc
308-28 cr
ANLS:
- Analysis -
This ordinance codifies, clarifies and simplifies the city's procedure for vacating a street or alley under its control.
Pursuant to state statutes, vacation of public right-of-way may be initiated by either the owners of abutting property or the common council. Under this ordinance, the common council may initiate a vacation only when the city or another governmental body owns abutting property or if the vacation is a necessary component of a publicly-supported project. An abutting property owner's preliminary vacation application or a vacation-initiating council resolution is filed with the department of city development (DCD).
Next, DCD prepares and submits for common council introduction a resolution to vacate the property in question and forwards the vacation application or council resolution to the department of public works (DPW). The department of public works proceeds to prepare a map and legal description of the area to be vacated, as well as a list of the names of owners of abutting property with spaces for property owner signatures. In addition, DPW notifies all private utilities of the proposed vacation and requests comments and cost information from each of its divisions and the fire department. A single, "coordinated report" on the proposed vacation is then prepared by DPW based on the comments and cost information it receives from its divisions and from the fire department. The map, legal description, list of property owner names (if required) and coordinated report are all transmitted to DCD upon completion.
If the vacation procedure has been initiated by an application from an abutting property owner, DCD provides the map, legal description and list of names to the applicant so that the applicant...
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