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File #: 170459    Version:
Type: Ordinance Status: Passed
File created: 7/11/2017 In control: COMMON COUNCIL
On agenda: Final action: 9/26/2017
Effective date: 10/13/2017    
Title: A substitute ordinance relating to the requirements for notification of property owners regarding a proposed street or alley vacation.
Sponsors: THE CHAIR
Indexes: ALLEY VACATIONS, STREET VACATIONS
Attachments: 1. Opinion on Notifying Property Owners, 2. Notice Published on 10-12-17
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/12/20171 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/5/20171 MAYOR SIGNED   Action details Meeting details Not available
9/26/20171 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
9/13/20171 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Kyle Gast - DCD ACA Rachel Kennedy - City Attorney's Office
Pass5:0 Action details Meeting details Video Video
7/19/20170 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Proposed Substitute A
Pass3:0 Action details Meeting details Video Video
7/19/20170 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Kyle Gast - DCD
Pass3:0 Action details Meeting details Not available
7/11/20170 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
170459
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
A substitute ordinance relating to the requirements for notification of property owners regarding a proposed street or alley vacation.
Sections
308-28-7 rc
Analysis
The code currently provides that owners of record of all property which abuts a street or alley proposed for vacation shall be notified of the common council committee hearing on the matter by personal service. It further provides that if only a portion of a street or alley is proposed for vacation, the city clerk shall notify owners of record of all property in the block in which that portion of a street or alley is located. However, it does not explicitly describe the method of providing notice to non-abutting property owners.

This ordinance provides that notice by personal service shall be provided only to owners of property abutting the portion of street or alley proposed to be vacated, unless those owners waive their right to personal-service notice of the hearing. The remaining owners on the block in which that street or alley is located shall be notified of the committee hearing by first-class mail.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 308-28-7 of the code is repealed and recreated to read:

308-28. Procedure for Vacating a Street or Alley.

7. NOTICE OF HEARING. Owners of record of all property which abuts the portion of street or alley proposed to be vacated shall be notified by the city clerk of the common council committee hearing in the manner specified in s. 62.73, Wis. Stats., unless the owners waive notice of the hearing. If only part of a street or alley is proposed to be vacated, owners of record of all property which abuts the remainder of that street or alley in the block in which the portion of the street or alley proposed for vacation is located shall be notified by the city clerk of the common council committee hearing by first-...

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